Stephanie Hanson v The Information Commissioner

Stephanie Hanson v The Information Commissioner

The Commissioner was wrong to conclude, on the balance of probabilities, that the Council does not hold information responsive to Questions 5, 9, and 15, due to insufficient searches and possible errors in search terms; the Council must comply with FOIA duties for these questions.

Parties
Appellant: Stephanie Hanson; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information, Environmental Information, Public Authority Duties
Administrative Law Information Rights Freedom of Information Environmental Information Public Authority Duties

Case Brief

Summary, issues, holding and outcome

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Parties

Stephanie Hanson

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Lewisham Borough Council holds information responsive to specific FOIA requests
  2. 2 Adequacy of Council's searches for requested information
  3. 3 Correct application of FOIA versus EIR

Ratio Decidendi

The Commissioner was wrong to conclude, on the balance of probabilities, that the Council does not hold information responsive to Questions 5, 9, and 15, due to insufficient searches and possible errors in search terms; the Council must comply with FOIA duties for these questions.

Court Disposition

Appeal allowed in part

Orders

  • Lewisham Borough Council must inform the Appellant in writing whether it holds information of the description specified in Questions 5, 9, and 15 by 4.00 p.m. on 28 May 2025.
  • If information is held, provide it to the Appellant or, if exempt, issue a notice specifying the exemption and reasons.