Francis Manuel Kwofie v The Information Commissioner & Anor
[2024] UKFTT 756 (GRC)
Andrew Ronnan v The Information Commissioner & Anor
22 August 2024
[2024] UKFTT 755 (GRC)
First-tier Tribunal
Someone requested information about why Companies House didn't punish two companies for late paperwork. The government said releasing the info would hurt their investigation, so a court agreed to keep it secret. The court thought it was more important to protect the investigation than to make everything public.
Key Facts
- •Appeal against Information Commissioner's decision regarding Freedom of Information Act 2000 (FOIA) request.
- •Request concerned information about Companies House's decision to discontinue strike-off actions against two companies (Calder Vale Holdings Ltd and Kettering Capital Ltd) for late filing of accounts.
- •Appellant is a shareholder in a company connected to Burnley Football Club.
- •Companies House withheld information citing FOIA exemptions under sections 30(1)(b), 41, and 40(2).
- •Tribunal considered evidence including a closed bundle of withheld information and post-compliance evidence from the appellant.
Legal Principles
Public interest test under section 2(2)(b) FOIA applies to Section 30 exemptions.
FOIA
Public interest balance in Section 30 cases should be assessed at the time the authority responds to the request.
Montague v IC and DIT [2022] UKUT 104 (AAC)
Section 30(1)(b) FOIA exemption protects information held for purposes of investigation that may lead to criminal proceedings.
FOIA
Factors weighing against disclosure under Section 30 include effective investigation and prosecution of crime, maintaining investigation independence, and preserving the court's role in determining guilt.
Alan Digby-Cameron v The Information Commissioner (EA/2007/0025)
Outcomes
Appeal dismissed.
The Tribunal found that the public interest in withholding the information (to protect ongoing investigations, maintain the integrity of the process and avoid reputational harm before conclusion of investigation) outweighed the public interest in disclosure, even considering the importance of transparency in Companies House records and enforcement of criminal sanctions.