Willow v Information Commissioner & Anor

Willow v Information Commissioner & Anor

The First-tier Tribunal did not err in law; its public interest balancing exercise was rational, adequately reasoned, and consistent with the evidence and the conceded likelihood of prejudice to security and good order. Article 3.1 UNCRC did not apply to require a different approach under FOIA.

Parties
Appellant: Willow; 1st Respondent: Information Commissioner; 2nd Respondent: Ministry of Justice
Jurisdiction
England and Wales
Judgment Date
24 March 2016
Procedural Posture
Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal
Outcome
Appeal dismissed
Legal Topics
Disclosure of Information, Public Interest Test, Exemptions Under FOIA, Children's Rights, Security in Detention Institutions
Administrative Law Freedom of Information Disclosure of Information Public Interest Test Exemptions Under FOIA Children's Rights Security in Detention Institutions

Case Brief

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Parties

Willow

Appellant

Information Commissioner

1st Respondent

Ministry of Justice

2nd Respondent

Procedural Posture

Appeal / Upper Tribunal Decision on Appeal From First Tier Tribunal

Legal Issues

  1. 1 Whether the First-tier Tribunal erred in law in dismissing the appeal against refusal to disclose the unredacted MMPR manual under FOIA
  2. 2 Whether the public interest balancing exercise was irrational or inadequately reasoned
  3. 3 Whether Article 3.1 of the UN Convention on the Rights of the Child required a different approach

Ratio Decidendi

The First-tier Tribunal did not err in law; its public interest balancing exercise was rational, adequately reasoned, and consistent with the evidence and the conceded likelihood of prejudice to security and good order. Article 3.1 UNCRC did not apply to require a different approach under FOIA.

Court Disposition

Appeal dismissed