Wendy Stephen v The Information Commissioner & Anor

Wendy Stephen v The Information Commissioner & Anor

The Tribunal found that the Ministry of Justice conducted reasonable and intelligent searches in areas most likely to hold the requested information, and that, on the balance of probabilities, no further relevant information was held at the time of the request. Speculation about what should exist or administrative errors did not alter this conclusion.

Parties
Appellant: Wendy Stephen; First Respondent: The Information Commissioner; Second Respondent: The Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
29 October 2025
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act, Disclosure of Information, Public Authority Record Management
Information Rights Administrative Law Freedom of Information Act Disclosure of Information Public Authority Record Management

Case Brief

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Parties

Wendy Stephen

Appellant

The Information Commissioner

First Respondent

The Ministry of Justice

Second Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Ministry of Justice held further information within the scope of the FOIA request at the time the request was made
  2. 2 Adequacy of searches conducted by the Ministry of Justice
  3. 3 Application of the balance of probabilities test to determine if information is held

Ratio Decidendi

The Tribunal found that the Ministry of Justice conducted reasonable and intelligent searches in areas most likely to hold the requested information, and that, on the balance of probabilities, no further relevant information was held at the time of the request. Speculation about what should exist or administrative errors did not alter this conclusion.

Court Disposition

Appeal dismissed