Packham v Information Commissioner & Anor [2023] UKFTT 777 (GRC) (25 September 2023)

Packham v Information Commissioner & Anor [2023] UKFTT 777 (GRC) (25 September 2023)

The Council took an unduly narrow view of the request, failed to clarify its scope or provide reasonable advice and assistance, and did not conduct adequate searches for information; on the balance of probabilities, further information is held within the scope of the request; the Council also failed to provide its internal review decision within the statutory timeframe.

Citation
[2023] UKFTT 777 (GRC)
Parties
Appellant: James Packham; First Respondent: The Information Commissioner; Second Respondent: Norwich City Council
Jurisdiction
United Kingdom
Judgment Date
25 September 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Information Commissioner's Decision Notice
Outcome
Appeal allowed
Legal Topics
Environmental Information Regulations 2004, Freedom of Information Act 2000, Public Authority Duties, Access to Environmental Information, Internal Review Procedures
Information Law Environmental Law Administrative Law Environmental Information Regulations 2004 Freedom of Information Act 2000 Public Authority Duties Access to Environmental Information Internal Review Procedures

Case Brief

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Parties

James Packham

Appellant

The Information Commissioner

First Respondent

Norwich City Council

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether Norwich City Council held further information within the scope of the Appellant's request under the EIR
  2. 2 Whether the Council complied with its duty to provide reasonable advice and assistance under regulation 9 of the EIR
  3. 3 Whether the Council complied with the statutory timeframe for internal review under regulation 11(4) of the EIR

Ratio Decidendi

The Council took an unduly narrow view of the request, failed to clarify its scope or provide reasonable advice and assistance, and did not conduct adequate searches for information; on the balance of probabilities, further information is held within the scope of the request; the Council also failed to provide its internal review decision within the statutory timeframe.

Court Disposition

Appeal allowed

Orders

  • The Tribunal's substituted Decision Notice replaces the Commissioner's Decision Notice IC-144775-N0F5.
  • Norwich City Council breached regulation 11(4) of the EIR by failing to provide its internal review decision within the statutory timeframe; no further steps required for this breach.