Thomas John Brooks v The Information Commissioner

Thomas John Brooks v The Information Commissioner

Regulation 12(5)(b) of the Environmental Information Regulations 2004 was not engaged because there was no evidence that disclosure of the disputed information would, rather than could, adversely affect the course of justice or any inquiry of a criminal or disciplinary nature. The Information Commissioner erred in law by relying on the possibility rather than the probability of adverse effect. Therefore, the Council was not entitled to withhold the information under this regulation.

Parties
Appellant: Thomas John Brooks; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations, Freedom of Information, Disclosure of Environmental Information, Public Interest Test, Course of Justice Exception
Information Law Environmental Law Administrative Law Environmental Information Regulations Freedom of Information Disclosure of Environmental Information Public Interest Test Course of Justice Exception

Case Brief

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Parties

Thomas John Brooks

Appellant

The Information Commissioner

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether Gwynedd Council was entitled to rely on regulation 12(5)(b) of the Environmental Information Regulations 2004 to withhold requested information
  2. 2 Whether disclosure of the disputed information would adversely affect the course of justice or an inquiry of a criminal or disciplinary nature
  3. 3 Whether the public interest in maintaining the exception outweighed the public interest in disclosure

Ratio Decidendi

Regulation 12(5)(b) of the Environmental Information Regulations 2004 was not engaged because there was no evidence that disclosure of the disputed information would, rather than could, adversely affect the course of justice or any inquiry of a criminal or disciplinary nature. The Information Commissioner erred in law by relying on the possibility rather than the probability of adverse effect. Therefore, the Council was not entitled to withhold the information under this regulation.

Court Disposition

Appeal allowed

Orders

  • Gwynedd Council must disclose the requested information (as set out in point 3 of the appellant's email dated 1 January 2022), subject to any applicable redactions of personal data under regulation 13 of the Environmental Information Regulations 2004.
  • Gwynedd Council must disclose the information within 35 days of notification by the Information Commissioner.