Michael Bell v The Information Commissioner & Anor

Michael Bell v The Information Commissioner & Anor

The Commissioner was entitled to limit the scope of the investigation to the Steering Group minutes after notifying the Appellant and receiving no objection, and on the balance of probabilities, the Council did not hold further information within the agreed scope at the time of the request.

Parties
Appellant: Michael Bell; First Respondent: The Information Commissioner; Second Respondent: East Woodhay Parish Council
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Environmental Information Regulations, Freedom of Information, Scope of Information Requests, Public Authority Duties
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Scope of Information Requests Public Authority Duties

Case Brief

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Parties

Michael Bell

Appellant

The Information Commissioner

First Respondent

East Woodhay Parish Council

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Information Commissioner lawfully limited the scope of the investigation to Neighbourhood Plan Steering Group minutes
  2. 2 Whether the Council held further environmental information within the scope of the Appellant’s request

Ratio Decidendi

The Commissioner was entitled to limit the scope of the investigation to the Steering Group minutes after notifying the Appellant and receiving no objection, and on the balance of probabilities, the Council did not hold further information within the agreed scope at the time of the request.

Court Disposition

Appeal dismissed