Dransfield v IC & Devon County Council [2011] UKFTT EA_2010_0152 (GRC) (30 March 2011)

The Tribunal found that the requested information was not held by Devon County Council at the relevant time, as it was held by the contractor under a PFI agreement and the Council only had limited rights of access for compliance purposes. Therefore, the Council was not obliged to provide the information under FOIA.

Citation: [2011] UKFTT EA_2010_0152 (GRC)
Parties: Appellant: Alan Dransfield; First Respondent: Information Commissioner; Second Respondent: Devon County Council
Jurisdiction: United Kingdom
Judgment Date: 30 March 2011
Procedural Posture: Appeal / Final Decision After Paper Hearing
Outcome: Appeal dismissed
Legal Topics: Freedom of Information, Public Authority Records, Vexatious Requests, Private Finance Initiative

Information Law Administrative Law Freedom of Information Public Authority Records Vexatious Requests Private Finance Initiative

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Parties

Alan Dransfield

Appellant

Information Commissioner

First Respondent

Devon County Council

Second Respondent

Procedural Posture

Appeal / Final Decision After Paper Hearing

Legal Issues

1 Whether the requested Operations Maintenance Manual was held by Devon County Council within the meaning of FOIA s.3
2 Whether the request was vexatious under FOIA s.14(1)

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

The appeal is rejected and the decision notice dated 25 August 2010 is upheld on grounds other than those contained in the decision notice.