England and Wales Case Law

Marcia Janice Steele v Ofsted

The evidence demonstrates grave concerns about the appellant's judgment and ability to safeguard children, particularly her failure to prevent children being present during a scheduled eviction and her actions to delay enforcement using children. The threshold for suspension under regulation 9 is met, and the suspension decision is necessary, justified, and proportionate pending further investigation.

Source excerpt

• Suspension of registration
• Risk assessment
• Proportionality
• Public interest
• Safeguarding children

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NHS Greater Manchester Integrated Care Board (NHS GM) v The Information Commissioner & Anor

The Tribunal found the qualified person's opinion reasonable and gave weight to the need for a safe space in policy discussions. The public interest in transparency did not outweigh the risk of chilling free-ranging debate and harming decision-making. The Information Commissioner erred in not recognising the substantial public interest in maintaining the quality of interaction between public bodies.

Source excerpt

• Freedom of information act
• Public interest
• Safe space
• Commissioning of services
• Qualified person's opinion

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George Greenwood v The Information Commissioner & Anor

The Tribunal found that confirming or denying the existence of correspondence would constitute disclosure of personal data, that Ms Turley had a reasonable expectation of privacy while not in public office, and that any legitimate interest in disclosure was outweighed by her rights and freedoms. The appeal was speculative and unsupported by evidence of misconduct.

Source excerpt

• Freedom of information
• Personal data
• Legitimate interest
• Privacy
• Public interest
• Lobbying

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Richard Kennedy & Anor v The Information Commissioner & Anor

The request was not vexatious under section 14(1) FOIA; there was genuine motivation and public interest, no material burden, and no harassment or distress. The Trust breached section 17(1) by failing to issue a refusal notice within the statutory timeframe.

Source excerpt

• Freedom of information act
• Vexatious requests
• Refusal notice
• Public interest
• Transparency

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Charles Small v The Information Commissioner & Anor

The Tribunal dismissed an FOIA appeal by Charles Small, holding that the Greater London Authority could rely on section 38(2) to neither confirm nor deny whether it held the requested information.

• Freedom of information
• Public interest
• Mental health
• Section 38 foia
• Neither confirm nor deny (ncnd)
• Transparency

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Jonathan Wilfred Samuel v The Information Commissioner

The Tribunal dismissed an FOIA appeal, holding that a request to a school for safeguarding and spending data was vexatious under section 14(1).

• Freedom of information
• Vexatious requests
• Safeguarding
• Public interest
• Procedural fairness
• Freedom-of-information

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Dr Premila Thampi v The General Medical Council

High Court appeal in a medical fitness-to-practise case. Impairment was upheld, but suspension was quashed and replaced with no further action.

• Fitness to practise
• Informed consent
• Professional misconduct
• Sanctions
• Proportionality
• Public interest

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Najam Hussan Afzal v Registrar of Approved Driving Instructors

The Tribunal allowed an appeal against removal from the Approved Driving Instructors Register, finding the motoring convictions were isolated and removal disproportionate.

• Fitness and propriety
• Driving instructor registration
• Motoring offences
• Proportionality
• Public interest
• Fitness-and-propriety

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Cabinet Office v Information Commissioner

The Tribunal allowed the Cabinet Office’s appeal and held it need not disclose withheld Covid-19 Strategy Committee material under FOIA.

• Freedom of information act
• Ministerial communications
• Public interest
• Cabinet collective responsibility
• Freedom-of-information
• Ministerial-communications

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R v OEM & Anor

The Court of Appeal allowed the prosecution’s appeal against a refusal to adjourn a Crown Court trial, holding the judge gave insufficient weight to the public interest and case history.

• Adjournment of trial
• Case management
• Public interest
• Conspiracy to burgle
• Balancing interests
• Abuse of process

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