Philip John Surtees Wise v The Information Commissioner & Anor

Philip John Surtees Wise v The Information Commissioner & Anor

The Tribunal found that the Pro-Forma document, produced in June 2020, fell within the scope of the Appellant's request as it contained hallmarks of terms of reference for the review of the surrender requirement. The Tribunal was not satisfied, on the balance of probabilities, that DVLA held no other in-scope information at the date of the request, due to inadequate searches and inconsistent responses. The Decision Notice was not in accordance with the law and the appeal was allowed.

Parties
Appellant: Philip John Surtees Wise; First Respondent: The Information Commissioner; Second Respondent: Driving and Vehicle Licensing Agency
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Rehearing After Upper Tribunal Remittal
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Government Policy Disclosure, Terms of Reference, Public Authority Duties
Administrative Law Information Law Freedom of Information Government Policy Disclosure Terms of Reference Public Authority Duties

Case Brief

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Parties

Philip John Surtees Wise

Appellant

The Information Commissioner

First Respondent

Driving and Vehicle Licensing Agency

Second Respondent

Procedural Posture

Information Rights Appeal / First Tier Tribunal (general Regulatory Chamber) Rehearing After Upper Tribunal Remittal

Legal Issues

  1. 1 Whether DVLA held information within the scope of the Appellant's FOIA request as at 12 January 2022
  2. 2 Whether the Pro-Forma document constituted 'terms of reference' for the purposes of the request
  3. 3 Whether the Information Commissioner's Decision Notice was in accordance with the law

Ratio Decidendi

The Tribunal found that the Pro-Forma document, produced in June 2020, fell within the scope of the Appellant's request as it contained hallmarks of terms of reference for the review of the surrender requirement. The Tribunal was not satisfied, on the balance of probabilities, that DVLA held no other in-scope information at the date of the request, due to inadequate searches and inconsistent responses. The Decision Notice was not in accordance with the law and the appeal was allowed.

Court Disposition

Appeal allowed

Orders

  • DVLA shall, within 35 days, respond to the Appellant's request for information dated 12 January 2022, having searched for in-scope information in the manner suggested in the Information Commissioner's Guidance and taking a broader approach to the meaning of 'terms of reference'.
  • As regards the Pro-Forma of June 2020, DVLA shall, within 35 days, provide a copy to the Appellant or provide written grounds (not including that it is not a terms of reference) for withholding it.