Cabinet Office v The Information Commissioner & Anor [2021] UKFTT 168 (GRC) (12 October 2021)

Cabinet Office v The Information Commissioner & Anor [2021] UKFTT 168 (GRC) (12 October 2021)

The Tribunal found that the request imposed a grossly disproportionate burden on the Cabinet Office, engaging section 14 FOIA, and that the holistic approach required by Dransfield supported the appeal. The evidence, particularly the witness statement on resource impact, was decisive.

Citation
[2021] UKFTT 168 (GRC)
Parties
Appellant: Cabinet Office; First Respondent: The Information Commissioner; Second Respondent: Gabriel Kanter-Webber
Jurisdiction
United Kingdom
Judgment Date
12 October 2021
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed
Legal Topics
Vexatious Requests, Section 14 FOIA, Public Authority Obligations, Proportionality Assessment
Administrative Law Freedom of Information Vexatious Requests Section 14 FOIA Public Authority Obligations Proportionality Assessment

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Parties

Cabinet Office

Appellant

The Information Commissioner

First Respondent

Gabriel Kanter-Webber

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision

Legal Issues

  1. 1 Whether the Cabinet Office was correct to rely on section 14(1) FOIA to refuse the information request as vexatious
  2. 2 Whether the Information Commissioner properly assessed the proportionality and burden of the request

Ratio Decidendi

The Tribunal found that the request imposed a grossly disproportionate burden on the Cabinet Office, engaging section 14 FOIA, and that the holistic approach required by Dransfield supported the appeal. The evidence, particularly the witness statement on resource impact, was decisive.

Court Disposition

Appeal allowed

Orders

  • Section 14 FOIA engaged; Cabinet Office not required to comply with the request.