T v The Information Commissioner

T v The Information Commissioner

MVF did not satisfy the Tribunal that the high hurdle for section 14(1) FOIA was met. While there was evidence of burden and distress from the course of dealings, the request itself was not manifestly unjustified or improper, had a serious public interest purpose, and MVF failed to engage to narrow the request or demonstrate that the burden was disproportionate given its statutory obligations. The decision notice was not in accordance with the law and the Commissioner's discretion should have been exercised differently.

Parties
Appellant: T; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
25 November 2024
Procedural Posture
Information Rights Appeal / Appeal Decision
Outcome
Appeal allowed
Legal Topics
Freedom of Information, Vexatious Requests, School Governance, Public Interest, Anonymity Orders
Administrative Law Information Law Freedom of Information Vexatious Requests School Governance Public Interest Anonymity Orders

Case Brief

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Parties

T

Appellant

The Information Commissioner

Respondent

Procedural Posture

Information Rights Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the information request made by T to Merevalley Federation was vexatious under section 14(1) Freedom of Information Act 2000
  2. 2 Whether the Information Commissioner's decision notice was in accordance with the law
  3. 3 Whether the burden, motive, value, and distress factors justified refusal under section 14(1) FOIA

Ratio Decidendi

MVF did not satisfy the Tribunal that the high hurdle for section 14(1) FOIA was met. While there was evidence of burden and distress from the course of dealings, the request itself was not manifestly unjustified or improper, had a serious public interest purpose, and MVF failed to engage to narrow the request or demonstrate that the burden was disproportionate given its statutory obligations. The decision notice was not in accordance with the law and the Commissioner's discretion should have been exercised differently.

Court Disposition

Appeal allowed

Orders

  • The decision notice is set aside.
  • Merevalley Federation shall, within 30 days of the delivery of this Decision, respond to the request for information made by T on 21 April 2023 without reliance on section 14(1) FOIA.