The Cabinet Office v The Information Commissioner
[2024] UKUT 76 (AAC)
Alistair Sloan v Information Commissioner & Anor
30 March 2023
[2023] UKFTT 342 (GRC)
First-tier Tribunal
Someone asked for information about government meetings. The government said no because releasing that information could harm open discussions and lead to inaccurate speculation. A judge agreed with the government.
Key Facts
- •Alistair Sloan requested information about the Union Policy Implementation Committee (UPI Committee) under the Freedom of Information Act 2000 (FOIA).
- •The request sought dates and attendees of UPI Committee meetings.
- •The Cabinet Office refused the request, relying on FOIA sections 21 and 35(1)(a) & (b).
- •The Information Commissioner upheld the refusal, finding the public interest favored maintaining the exemption by a narrow margin.
- •Sloan appealed to the First-tier Tribunal (FTT).
Legal Principles
Right of access to information
FOIA Section 1(1)
Qualified exemption for information relating to government policy formulation, development, or Ministerial communications
FOIA Section 35
Public interest test: balancing public interest in maintaining exemption against public interest in disclosure
FOIA Section 2(2)
Considerations regarding candour and 'chilling effect' on civil servants
Department of Health v Information Commissioner and Lewis [2015] UKUT 0159 (AAC)
Common sense approach to public interest balancing, acknowledging potential for unwarranted speculation
Department for Education v Information Commissioner & Whitmey [2018] UKUT 348 (AAC)
Tribunal discretion to allow reliance on exemption not previously raised
Birkett v DEFRA [2011] EWCA Civ 1606
Protection of personal data of junior civil servants
FOIA Section 40(2)
Outcomes
Appeal dismissed
The FTT found that FOIA sections 35(1)(a) and 35(1)(b) were engaged, and the public interest favoured maintaining the exemption. The majority found that while transparency is important, the potential harm to collective responsibility, candid advice, and the risk of speculation outweighed the benefits of disclosure.
Section 40(2) applied
The FTT exercised its discretion to allow reliance on section 40(2) to protect the personal data of junior civil servants.