Williams v Information Commissioner & Anor [2023] UKFTT 898 (GRC) (26 October 2023)

Williams v Information Commissioner & Anor [2023] UKFTT 898 (GRC) (26 October 2023)

The Tribunal found that both s31(1)(g) (law enforcement) and s38 (health and safety) exemptions apply to Parts 1 and 2 of the FOIA request. Disclosure would likely prejudice law enforcement functions by undermining the complaints system and discourage future reporting. The fact the officer is deceased does not...

Source-derived case information.

Citation
[2023] UKFTT 898 (GRC)
Parties
Appellant: Edward Williams; First Respondent: The Information Commissioner; Second Respondent: Chief Constable of South Yorkshire Police
Jurisdiction
United Kingdom
Judgment Date
26 October 2023
Procedural Posture
FOIA Appeal / First Tier Tribunal Decision
Outcome
Appeal dismissed as regards Parts 1 and 2; Part 3 adjourned for further evidence.
Legal Topics
Freedom of Information Act 2000, Law Enforcement Exemption, Health and Safety Exemption, Police Misconduct Records, Public Interest Test
Information Rights Administrative Law Freedom of Information Act 2000 Law Enforcement Exemption Health and Safety Exemption Police Misconduct Records Public Interest Test

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Parties

Edward Williams

Appellant

The Information Commissioner

First Respondent

Chief Constable of South Yorkshire Police

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal Decision

Legal Issues

  1. 1 Whether s31(1)(g) and s38 FOIA exemptions apply to requested police misconduct records
  2. 2 Whether disclosure would prejudice law enforcement functions or endanger health and safety
  3. 3 Whether public interest in disclosure outweighs exemptions

Ratio Decidendi

The Tribunal found that both s31(1)(g) (law enforcement) and s38 (health and safety) exemptions apply to Parts 1 and 2 of the FOIA request. Disclosure would likely prejudice law enforcement functions by undermining the complaints system and discourage future reporting. The fact the officer is deceased does not negate prejudice to complainants or the integrity of investigations. Public interest in disclosure is outweighed by the risk of harm and prejudice to law enforcement and individuals' health.

Court Disposition

Appeal dismissed as regards Parts 1 and 2; Part 3 adjourned for further evidence.

Orders

  • S31 and s38 exemptions upheld for Parts 1 and 2 of FOIA request.
  • Part 3 of the request adjourned pending written confirmation and potential consent order.