Innes v Information Commissioner & Anor

Section 11(1) allows a requester to specify the software format (such as Excel) for provision of information, provided it is reasonably practicable for the authority to comply. Mr Innes's request for Excel files was valid and should have been met. The Council did not breach section 16 as it provided annotated screenshots and offered further explanation, satisfying its duty to assist.

Parties: Appellant: Nick Innes; First Respondent: Information Commissioner; Second Respondent: Buckinghamshire County Council
Jurisdiction: England and Wales
Judgment Date: 31 July 2014
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal allowed in part, dismissed in part
Legal Topics: Freedom of Information Act 2000, Means of Communication of Information, Duty to Provide Advice and Assistance, Statutory Interpretation

Administrative Law Information Law Freedom of Information Act 2000 Means of Communication of Information Duty to Provide Advice and Assistance Statutory Interpretation

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Parties

Nick Innes

Appellant

Information Commissioner

First Respondent

Buckinghamshire County Council

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether section 11(1) of the Freedom of Information Act 2000 entitles an applicant to specify the software format (e.g. Excel) for provision of information
2 Whether the Council breached its duty under section 16 to provide advice and assistance regarding database headers

Ratio Decidendi

Court Disposition

Appeal allowed in part, dismissed in part

Orders

Council to provide the requested information in Excel format unless representations are made within 21 days
Section 16 complaint dismissed