Garrard v Information Commissioner & Anor [2025] UKFTT 343 (GRC) (27 March 2025)

Garrard v Information Commissioner & Anor [2025] UKFTT 343 (GRC) (27 March 2025)

The Cabinet Office holds further information within the scope of the request. Section 27 FOIA was properly engaged for some but not all withheld information; section 36 FOIA was not properly engaged for the remaining information. The public interest in maintaining the exemptions did not outweigh the public interest in disclosure for certain information. The Cabinet Office must conduct further searches and disclose or justify withholding specific information as directed.

Citation
[2025] UKFTT 343 (GRC)
Parties
Appellant: Dr Christopher Garrard; First Respondent: The Information Commissioner; Second Respondent: Cabinet Office
Jurisdiction
United Kingdom
Judgment Date
27 March 2025
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision
Outcome
Appeal allowed in part
Legal Topics
Freedom of Information Act 2000, International Relations Exemptions, Public Interest Test, Prejudice to Effective Conduct of Public Affairs, Scope of Information Held
Information Law Administrative Law Public Law Freedom of Information Act 2000 International Relations Exemptions Public Interest Test Prejudice to Effective Conduct of Public Affairs Scope of Information Held

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Parties

Dr Christopher Garrard

Appellant

The Information Commissioner

First Respondent

Cabinet Office

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Cabinet Office holds further information within the scope of the FOIA request
  2. 2 Whether the Cabinet Office was entitled to rely on section 27(1)(c) and (d) FOIA (international relations) to withhold information
  3. 3 Whether the Cabinet Office was entitled to rely on section 36(2)(b)(i) and (c) FOIA (prejudice to effective conduct of public affairs)

Ratio Decidendi

The Cabinet Office holds further information within the scope of the request. Section 27 FOIA was properly engaged for some but not all withheld information; section 36 FOIA was not properly engaged for the remaining information. The public interest in maintaining the exemptions did not outweigh the public interest in disclosure for certain information. The Cabinet Office must conduct further searches and disclose or justify withholding specific information as directed.

Court Disposition

Appeal allowed in part

Orders

  • Cabinet Office to undertake a further search of the 'email archive' for information within the scope of the request and issue a fresh response to the appellant within 35 days.
  • Cabinet Office to provide a fresh response regarding Information A, confirming it was held and either supply it or issue a refusal notice under section 17 FOIA.