Stephen Donkin v Sunderland City Council
[2024] UKFTT 727 (GRC)
Anthony Mott v The Cabinet Office
6 August 2024
[2024] UKFTT 709 (GRC)
First-tier Tribunal
Someone asked the government for information and felt they were deliberately hiding it, so they tried to get the Tribunal to punish them for contempt. The Tribunal said they couldn't do that; only the police or courts can deal with that kind of accusation.
Key Facts
- •Applicant applied to certify contempt against the Cabinet Office for allegedly withholding information relating to a Freedom of Information request.
- •The application was made under Rule 7A of the Tribunal Procedure (First-tier Tribunal) General Regulatory Chamber) Rules 2009, and was two days late.
- •The initial FOIA request concerned the number of cases where Widows' Pension contributions were repaid by salary reimbursement.
- •The Cabinet Office stated they did not hold the requested information.
- •The Applicant alleged the Cabinet Office had thwarted legitimate requests and concealed information, potentially committing an offence under section 77 of the Freedom of Information Act 2000.
- •The Tribunal lacked jurisdiction to investigate a criminal offence under section 77 of FOIA.
Legal Principles
The Tribunal's power to certify contempt is derived from sections 61(3) and (4) of the FOIA 2000 and the 2009 Rules.
Sections 61(3) and (4) of FOIA 2000, 2009 Rules
The Tribunal does not have jurisdiction to determine whether the Cabinet Office committed a criminal offence under section 77 of FOIA.
Section 77 of FOIA 2000, Rotherham Metropolitan Borough Council v Harron
Section 77 of FOIA 2000 creates a criminal offence requiring the consent of the Director of Public Prosecutions for prosecution.
Section 77 of FOIA 2000
The Tribunal must act justly and proportionately, considering the need for efficiency in case management.
Tribunal Procedure Rules
The burden of proving contempt is on the applicant, to a very high standard (beyond a reasonable doubt).
Case law principles on contempt
Outcomes
The application to certify contempt was struck out.
The Tribunal lacked jurisdiction to determine the alleged offence under section 77 of FOIA, and there was no realistic prospect of success.
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