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Alistair Blackburn v The Information Commissioner

[2023] UKFTT 820 (GRC)
Someone asked The Royal Mint for details on their policy for returning coins. The Royal Mint only gave a short answer. A judge said the Royal Mint should have given a full answer, including any secret policy they might have, and must now do so.

Key Facts

  • Alistair Blackburn requested information from The Royal Mint about its policy on accepting returned UK coinage from outside the UK.
  • The Royal Mint responded, stating it no longer accepts such returns since September 2019.
  • Blackburn appealed to the Information Commissioner, arguing the response lacked detail and that a more detailed policy existed but wasn't publicly available.
  • The Information Commissioner dismissed the appeal, concluding The Royal Mint held no further relevant information.
  • Blackburn appealed to the First-tier Tribunal (FTT).

Legal Principles

Right of access to information held by public authorities.

Freedom of Information Act 2000 (FOIA), Section 1(1)

The test for determining whether information is held by a public authority is the balance of probabilities.

Bromley v Information Commissioner & the Environment Agency EA/2006/0072

The Tribunal's role is to determine if the Commissioner's decision was in accordance with the law or if discretion was wrongly exercised.

FOIA, Section 58

Public authorities have a duty to provide advice and assistance in relation to information requests (where reasonable).

FOIA, Section 16

Outcomes

The appeal is allowed.

The Tribunal found the Commissioner erred in concluding The Royal Mint held no further relevant information. The request for a 'full description' of the policy implied a request for all relevant information, and the existence of an internal, undisclosed policy supported this.

Substituted Decision Notice issued.

The Royal Mint must reconsider its analysis of the request, provide a fresh response including any relevant information or exemptions, and provide advice and assistance as reasonably expected.

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