Williams v Information Commissioner & Anor [2023] UKFTT 667 (GRC) (09 August 2023)

Williams v Information Commissioner & Anor [2023] UKFTT 667 (GRC) (09 August 2023)

The Decision Notice was in error of law due to internal inconsistency and lack of clarity regarding the scope of the information request and the group of individuals to whom the s.38(1)(a) exemption applied, making it impossible to determine whether the exemption was properly engaged or the public interest test...

Source-derived case information.

Citation
[2023] UKFTT 667 (GRC)
Parties
Appellant: Edward Williams; First Respondent: The Information Commissioner; Second Respondent: The Chief Constable of South Yorkshire Police
Jurisdiction
United Kingdom
Judgment Date
09 August 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Decision Notice
Outcome
Appeal allowed; Decision Notice set aside
Legal Topics
Freedom of Information Act 2000, Section 38 Exemption, Public Interest Test, Disclosure of Information, Procedural Fairness
Information Law Administrative Law Freedom of Information Act 2000 Section 38 Exemption Public Interest Test Disclosure of Information Procedural Fairness

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Parties

Edward Williams

Appellant

The Information Commissioner

First Respondent

The Chief Constable of South Yorkshire Police

Second Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Decision Notice

Legal Issues

  1. 1 Whether South Yorkshire Police was correct to rely on s.38(1)(a) FOIA to refuse disclosure of payments to victims of the Rotherham CSE scandal
  2. 2 Whether the Decision Notice was in error of law due to lack of clarity about the scope of the information request
  3. 3 Whether South Yorkshire Police failed to confirm or deny holding the requested information

Ratio Decidendi

The Decision Notice was in error of law due to internal inconsistency and lack of clarity regarding the scope of the information request and the group of individuals to whom the s.38(1)(a) exemption applied, making it impossible to determine whether the exemption was properly engaged or the public interest test correctly applied.

Court Disposition

Appeal allowed; Decision Notice set aside

Orders

  • The Decision Notice is set aside.
  • No substituted Decision Notice is made.