Sid Ryan v The Information Commissioner & Anor

Sid Ryan v The Information Commissioner & Anor

NHS England was entitled to rely on section 12 of the Freedom of Information Act 2000 because the request was extremely broad and the estimated cost of compliance, supported by sampling and evidence, would exceed the statutory limit. NHSE provided reasonable advice and assistance under section 16 by suggesting ways to narrow the request and giving relevant information in its responses; section 16 does not require oral or ongoing dialogue.

Parties
Appellant: Sid Ryan; First Respondent: The Information Commissioner; Second Respondent: NHS England
Jurisdiction
England and Wales
Judgment Date
02 February 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information, Section 12 FOIA (cost Limit), Section 16 FOIA (advice and Assistance)
Administrative Law Information Law Freedom of Information Section 12 FOIA (cost Limit) Section 16 FOIA (advice and Assistance)

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Parties

Sid Ryan

Appellant

The Information Commissioner

First Respondent

NHS England

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether NHS England was entitled to rely on section 12 of the Freedom of Information Act 2000 to refuse the request due to cost limits
  2. 2 Whether NHS England complied with its duty under section 16 of the Freedom of Information Act 2000 to provide reasonable advice and assistance

Ratio Decidendi

NHS England was entitled to rely on section 12 of the Freedom of Information Act 2000 because the request was extremely broad and the estimated cost of compliance, supported by sampling and evidence, would exceed the statutory limit. NHSE provided reasonable advice and assistance under section 16 by suggesting ways to narrow the request and giving relevant information in its responses; section 16 does not require oral or ongoing dialogue.

Court Disposition

Appeal dismissed

Orders

  • The public authority was entitled to rely on section 12 of the Freedom of Information Act 2000
  • The public authority complied with its section 16 duty to provide advice and assistance