Stephen v Information Commissioner & Anor [2025] UKFTT 1265 (GRC) (29 October 2025)

Stephen v Information Commissioner & Anor [2025] UKFTT 1265 (GRC) (29 October 2025)

The Tribunal found that the MoJ conducted reasonable and adequate searches in the areas most likely to hold the requested information, and that on the balance of probabilities, no further information within the scope of the request was held at the time of the request. The Commissioner was correct in his decision.

Source-derived case information.

Citation
[2025] UKFTT 1265 (GRC)
Parties
Appellant: Wendy Stephen; First Respondent: The Information Commissioner; Second Respondent: The Ministry of Justice
Jurisdiction
United Kingdom
Judgment Date
29 October 2025
Procedural Posture
Appeal (information Rights) / Final Judgment (first Tier Tribunal)
Outcome
Appeal dismissed
Legal Topics
Freedom of Information Act 2000, Public Records Management, Disclosure Obligations, Balance of Probabilities Test
Information Law Administrative Law Freedom of Information Act 2000 Public Records Management Disclosure Obligations Balance of Probabilities Test

Source-derived case record

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Parties

Wendy Stephen

Appellant

The Information Commissioner

First Respondent

The Ministry of Justice

Second Respondent

Procedural Posture

Appeal (information Rights) / Final Judgment (first Tier Tribunal)

Legal Issues

  1. 1 Whether the Ministry of Justice held further information within the scope of the FOIA request beyond what was disclosed
  2. 2 Whether the searches conducted by the MoJ were reasonable and adequate under FOIA
  3. 3 Whether the Commissioner correctly applied the balance of probabilities test in determining if further information was held

Ratio Decidendi

The Tribunal found that the MoJ conducted reasonable and adequate searches in the areas most likely to hold the requested information, and that on the balance of probabilities, no further information within the scope of the request was held at the time of the request. The Commissioner was correct in his decision.

Court Disposition

Appeal dismissed