Alan Brian Smith v The Information Commissioner

Alan Brian Smith v The Information Commissioner

The Tribunal found that the public authority did not hold the fire management plan or covering report at the time of the request, so the exception under EIR reg 12(4)(a) applied. The November 2020 SIR was a completed document and not exempt under EIR reg 12(4)(d), so must be disclosed. The correspondence was exempt as material in the course of completion at the time of the request, and the public interest favoured maintaining the exception.

Parties
Appellant: Mr Alan Brian Smith; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Information Rights Appeal / Final Decision on Written Representations
Outcome
appeal allowed in part
Legal Topics
Environmental Information Regulations 2004, Freedom of Information, Public Interest Test, Exceptions to Disclosure
Information Law Environmental Law Environmental Information Regulations 2004 Freedom of Information Public Interest Test Exceptions to Disclosure

Case Brief

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Parties

Mr Alan Brian Smith

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Final Decision on Written Representations

Legal Issues

  1. 1 Whether the public authority held the requested fire management plan and covering report under EIR reg 12(4)(a)
  2. 2 Whether the November 2020 Significant Incident Report (SIR) and correspondence were exempt as material in the course of completion under EIR reg 12(4)(d)
  3. 3 Whether the public interest in disclosure outweighed the public interest in maintaining the exceptions

Ratio Decidendi

The Tribunal found that the public authority did not hold the fire management plan or covering report at the time of the request, so the exception under EIR reg 12(4)(a) applied. The November 2020 SIR was a completed document and not exempt under EIR reg 12(4)(d), so must be disclosed. The correspondence was exempt as material in the course of completion at the time of the request, and the public interest favoured maintaining the exception.

Court Disposition

appeal allowed in part

Orders

  • A Decision Notice is substituted: the public authority correctly cited EIR reg 12(4)(a) for the fire management plan and covering report; correctly cited EIR reg 12(4)(d) for the correspondence; incorrectly cited EIR reg 12(4)(d) for the November 2020 SIR, which must be disclosed.
  • The public authority is ordered to deliver the November 2020 SIR to the appellant within 35 calendar days, subject to redaction of personal information as necessary.