Ryan v The Information Commissioner & Anor [2023] UKFTT 113 (GRC) (02 February 2023)

Ryan v The Information Commissioner & Anor [2023] UKFTT 113 (GRC) (02 February 2023)

NHSE was entitled to rely on section 12 FOIA because the evidence showed that complying with the request would exceed the statutory cost limit, given the breadth of the request and the limitations of NHSE's IT systems. NHSE's estimate was sensible, realistic, and supported by cogent evidence. NHSE also complied with its section 16 duty by providing reasonable advice and assistance through its initial and internal review responses, suggesting ways to narrow the request, and was not required to engage in further dialogue or provide oral advice.

Citation
[2023] UKFTT 113 (GRC)
Parties
Appellant: Sid Ryan; First Respondent: The Information Commissioner; Second Respondent: NHS England
Jurisdiction
United Kingdom
Judgment Date
02 February 2023
Procedural Posture
Appeal Against Information Commissioner's Decision Notice (foia) / First Tier Tribunal (general Regulatory Chamber) Final Judgment
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act 2000, Section 12 FOIA (cost Limit), Section 16 FOIA (advice and Assistance), Public Authority Obligations, Records Disclosure, Information Rights
Information Law Administrative Law Freedom of Information Act 2000 Section 12 FOIA (cost Limit) Section 16 FOIA (advice and Assistance) Public Authority Obligations Records Disclosure Information Rights

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Parties

Sid Ryan

Appellant

The Information Commissioner

First Respondent

NHS England

Second Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether NHS England was entitled to rely on section 12 FOIA to refuse the information request on cost grounds
  2. 2 Whether NHS England complied with its duty under section 16 FOIA to provide reasonable advice and assistance

Ratio Decidendi

NHSE was entitled to rely on section 12 FOIA because the evidence showed that complying with the request would exceed the statutory cost limit, given the breadth of the request and the limitations of NHSE's IT systems. NHSE's estimate was sensible, realistic, and supported by cogent evidence. NHSE also complied with its section 16 duty by providing reasonable advice and assistance through its initial and internal review responses, suggesting ways to narrow the request, and was not required to engage in further dialogue or provide oral advice.

Court Disposition

Appeal dismissed

Orders

  • The public authority was entitled to rely on section 12 FOIA.
  • The public authority complied with its section 16 duty to provide advice and assistance.