Robert Cooper v The Information Commissioner

Robert Cooper v The Information Commissioner

The Tribunal found that while section 36(2)(b)(ii) FOIA was engaged, the public interest in disclosure of the withheld information outweighed the interest in maintaining the exemption, given the exceptional need for transparency and accountability in councillors’ remuneration. The Tribunal also found that section 41(1)(b) FOIA did not apply as there was no actionable breach of confidence; the information was not imparted in circumstances importing an obligation of confidence, nor would disclosure be to the detriment of the confider.

Parties
Appellant: Robert Cooper; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
09 October 2024
Procedural Posture
Information Rights Appeal / Appeal Determination on the Papers
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Public Interest Test, Confidentiality, Local Government Remuneration
Information Law Administrative Law Freedom of Information Public Interest Test Confidentiality Local Government Remuneration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robert Cooper

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Appeal Determination on the Papers

Legal Issues

  1. 1 Whether Cumberland Council was entitled to withhold submissions and evidence to the Independent Remuneration Panel under sections 36(2)(b)(ii) and 41(1)(b) of the Freedom of Information Act 2000
  2. 2 Whether the public interest in disclosure outweighs the public interest in maintaining the exemption under section 36(2)(b)(ii) FOIA
  3. 3 Whether disclosure would constitute an actionable breach of confidence under section 41(1)(b) FOIA

Ratio Decidendi

The Tribunal found that while section 36(2)(b)(ii) FOIA was engaged, the public interest in disclosure of the withheld information outweighed the interest in maintaining the exemption, given the exceptional need for transparency and accountability in councillors’ remuneration. The Tribunal also found that section 41(1)(b) FOIA did not apply as there was no actionable breach of confidence; the information was not imparted in circumstances importing an obligation of confidence, nor would disclosure be to the detriment of the confider.

Court Disposition

Appeal allowed

Orders

  • Cumberland Council must provide the submissions and other evidence considered by the relevant panels in reaching their conclusions (the withheld information subject to the FOIA request) within 30 days of the date of promulgation of this Judgment.