O'Mara v Information Commissioner [2023] UKFTT 381 (GRC) (19 April 2023)

O'Mara v Information Commissioner [2023] UKFTT 381 (GRC) (19 April 2023)

The Tribunal found that, although Mr O'Mara's earlier requests in 2020 could have justified concern, by the time of the March 2021 request there was no longer a pattern of disproportionate burden, harassment, or improper motive. The request was on a new topic, made after a significant gap, and was of public value....

Source-derived case information.

Citation
[2023] UKFTT 381 (GRC)
Parties
Appellant: Mr Jared O'Mara; First Respondent: Information Commissioner; Second Respondent: South Yorkshire Police
Jurisdiction
United Kingdom
Judgment Date
19 April 2023
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Appeal Against Information Commissioner's Decision Notice
Outcome
Appeal allowed
Legal Topics
Freedom of Information Act 2000, Vexatious Requests, Section 14 FOIA, Public Sector Equality Duty (contextual)
Information Law Administrative Law Disability Law (contextual) Freedom of Information Act 2000 Vexatious Requests Section 14 FOIA Public Sector Equality Duty (contextual)

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Jared O'Mara

Appellant

Information Commissioner

First Respondent

South Yorkshire Police

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 South Yorkshire Police was entitled to refuse Mr O'Mara's FOIA request as vexatious under section 14(1) of the Freedom of Information Act 2000
  2. 2 Whether the Information Commissioner's Decision Notice upholding the refusal was correct in law
  3. 3 Whether the pattern and nature of Mr O'Mara's requests justified a finding of vexatiousness

Ratio Decidendi

The Tribunal found that, although Mr O'Mara's earlier requests in 2020 could have justified concern, by the time of the March 2021 request there was no longer a pattern of disproportionate burden, harassment, or improper motive. The request was on a new topic, made after a significant gap, and was of public value. The high threshold for vexatiousness under section 14(1) FOIA was not met. The refusal and the Commissioner's Decision Notice were therefore wrong in law.

Court Disposition

Appeal allowed

Orders

  • Within 35 days of the date of this decision, South Yorkshire Police must issue a fresh response to the request that does not rely on section 14 of the Freedom of Information Act 2000.