Thomas Edward Miles Fairbairn v The Information Commissioner
[2024] UKFTT 792 (GRC)
Andrew Duncan v The Information Commissioner & Anor
16 April 2024
[2024] UKFTT 297 (GRC)
First-tier Tribunal
Someone asked the police for a LOT of information about an old murder case. The police said it would take way too long and was a 'vexatious' request – essentially, a misuse of the system designed to overburden them. A court agreed with the police, saying the request was too big, even if the information might be interesting to the public.
Key Facts
- •Andrew Duncan (Appellant) appealed a Decision Notice that upheld Northumbria Police's refusal to disclose information related to the 1969 Eileen McDougall murder case.
- •The request sought extensive case information, including witness statements, forensic evidence, and internal memorandums.
- •Northumbria Police initially cited FOIA sections 30(1), 38(1)(a), and 40(2) before amending their grounds to include section 31(1)(a) and (b) and section 14 (vexatious request).
- •Northumbria Police estimated the time required to fulfill the request at approximately 2000-8000 hours.
- •The Appellant disputed the burden estimate and offered to narrow the scope of the request and potentially contribute financially.
Legal Principles
A request is vexatious under section 14(1) of FOIA if it is a disproportionate, manifestly unjustified, inappropriate, or improper use of FOIA.
Dransfield case and Dransfield case in the Court of Appeal
The burden on public authority resources is a key factor in determining whether a request is vexatious, even if there is significant public interest.
Cabinet Office case and Dransfield case in the Court of Appeal
FOIA does not permit a requestor to stipulate a timeframe for information provision or offer payment to mitigate the burden on the authority.
Section 10 and Section 12 of FOIA, and discussion in section 91
A public authority can rely on new exemptions during an appeal, even if not initially cited.
Information Commissioner v Home Office [2011] UKUT 17 (AAC) and DEFRA v Information Commissioner and Simon Birkett [2011] UKUT 39 (AAC)
Section 17(1) of FOIA does not prevent late reliance on exemptions; it concerns the authority’s initial consideration of the request, not subsequent stages.
McInerney case
Outcomes
Appeal dismissed.
The Tribunal found the request vexatious under section 14(1) of FOIA due to the significant burden it imposed on Northumbria Police's resources (estimated at 2000-8000 hours). The Tribunal rejected the Appellant's arguments regarding burden estimates, scope reduction, and payment offers, finding these not legally relevant to the vexatiousness determination. The Tribunal also found that Northumbria Police did not breach section 17(1) by relying on a new exemption during the process.
Northumbria Police breached section 10 of FOIA.
Northumbria Police failed to respond to the request within 20 working days.