Derek Moss v Information Commissioner & Anor
[2023] UKFTT 674 (GRC)
Anthony Mott v The Information Commissioner
13 October 2023
[2023] UKFTT 845 (GRC)
First-tier Tribunal
Someone asked the government for information about their pension. The government said it was too expensive to find. A judge said the government was wrong, because the information was already available, and ordered them to give the information.
Key Facts
- •Anthony Mott (appellant) requested information from the Cabinet Office (a public authority) on 21 July 2021 regarding a pension review.
- •The Cabinet Office refused, citing exceeding the cost limit under section 12(1) of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner (ICO) upheld the Cabinet Office's refusal.
- •Mott appealed the ICO's decision to the First-tier Tribunal (FTT).
- •The FTT heard the appeal on 6 September 2023 and gave its decision on 13 October 2023.
- •The Cabinet Office's review involved 326 pension cases, with 36 rigorously reviewed. Mott's request focused on these 36 cases.
Legal Principles
General right of access to information held by public authorities.
Freedom of Information Act 2000 (FOIA), Section 1
Public authorities are not obliged to comply if the cost exceeds the appropriate limit.
FOIA, Section 12(1); Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004
The public authority's cost estimate must be reasonable (sensible, realistic, supported by cogent evidence).
FOIA, Section 12(1); Kirkham v Information Commissioner [2018] UKUT 126 (AAC)
On appeal, the FTT considers afresh whether the public authority complied with Part I of FOIA.
FOIA, Section 58(1); Kirkham v Information Commissioner [2018] UKUT 126 (AAC)
Outcomes
The appeal is ALLOWED.
The FTT found the Cabinet Office's cost estimate unreasonable and not supported by cogent evidence. The requested information was already available from the completed review; the Cabinet Office's claim that it needed to redo calculations was incorrect.
Substituted Decision Notice issued.
The Cabinet Office must state whether it holds the requested information and, if so, provide it or issue a refusal notice under section 17 of FOIA by 4pm on 31 October 2023.