Hendy v Information Commissioner & Anor [2023] UKFTT 461 (GRC) (02 June 2023)

Hendy v Information Commissioner & Anor [2023] UKFTT 461 (GRC) (02 June 2023)

The Tribunal found that the applicable regime was FOIA, not EIR. The cost estimate for compliance with the request, after proper deductions, was below the statutory limit (£600/24 hours). The request was not vexatious, as its burden was not manifestly excessive, the applicant's motive was legitimate, and the request had value for public policy and scientific analysis. The appeal was allowed and APHA must issue a fresh response without relying on sections 12 or 14.

Citation
[2023] UKFTT 461 (GRC)
Parties
Appellant: Mr David Hendy; First Respondent: The Information Commissioner; Second Respondent: Department for Environment, Food and Rural Affairs
Jurisdiction
United Kingdom
Judgment Date
02 June 2023
Procedural Posture
First Tier Tribunal Appeal (information Rights) / Final Judgment After Remittal From Upper Tribunal
Outcome
Appeal allowed
Legal Topics
FOIA Section 12 (cost Limit), FOIA Section 14 (vexatious Requests), Environmental Information Regulations, Public Interest Disclosure
Freedom of Information Administrative Law FOIA Section 12 (cost Limit) FOIA Section 14 (vexatious Requests) Environmental Information Regulations Public Interest Disclosure

Case Brief

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Parties

Mr David Hendy

Appellant

The Information Commissioner

First Respondent

Department for Environment, Food and Rural Affairs

Second Respondent

Procedural Posture

First Tier Tribunal Appeal (information Rights) / Final Judgment After Remittal From Upper Tribunal

Legal Issues

  1. 1 Whether the request falls under FOIA or EIR
  2. 2 Whether compliance with the request exceeds the FOIA cost limit
  3. 3 Whether the request is vexatious under FOIA Section 14

Ratio Decidendi

The Tribunal found that the applicable regime was FOIA, not EIR. The cost estimate for compliance with the request, after proper deductions, was below the statutory limit (£600/24 hours). The request was not vexatious, as its burden was not manifestly excessive, the applicant's motive was legitimate, and the request had value for public policy and scientific analysis. The appeal was allowed and APHA must issue a fresh response without relying on sections 12 or 14.

Court Disposition

Appeal allowed

Orders

  • Within 35 days, Department for Environment, Food and Rural Affairs must issue a fresh response to the request that does not rely on section 12 or section 14 of the Freedom of Information Act 2000.