Paul Bentley v The Information Commissioner
[2024] UKFTT 18 (GRC)
Anthony Myles v The Information Commissioner
23 August 2024
[2024] UKFTT 768 (GRC)
First-tier Tribunal
Someone made many requests for information from the council, and the council and the Information Commissioner said the requests were harassing and excessive. A court agreed, saying the person's actions were not justified and their appeal was dismissed. The case shows that while you have a right to ask for information, you can't do it in a way that is harassing or unreasonable.
Key Facts
- •Appeal against the Information Commissioner's decision under section 57 of the Freedom of Information Act 2000 (FOIA).
- •Appellant made a broad request for information from Halton Borough Council concerning a property sale and land dimensions.
- •Council responded, citing the extensive nature of the request and potential need for redactions.
- •Appellant made numerous subsequent requests, leading the Council to apply section 14(1) FOIA (vexatious requests).
- •Information Commissioner upheld the Council's application of section 14(1), deeming the request vexatious.
- •Appellant appealed, arguing the Commissioner erred in law and exercised discretion improperly.
- •Appellant's conduct involved multiple requests over an extended period, leading to a disproportionate burden on the Council.
Legal Principles
Definition of a 'vexatious' request under section 14(1) FOIA.
Information Commissioner v Devon CC & Dransfield [2012] UKUT 440 (AAC)
Factors to consider when determining vexatiousness: burden imposed, requester's motive, value/serious purpose of request, harassment/distress to staff.
Information Commissioner v Devon CC & Dransfield [2012] UKUT 440 (AAC)
FOIA is 'motive blind' and 'applicant blind', but section 14 considers underlying rationale and justification.
Case law cited in the decision
Proportionality is key when assessing vexatiousness; a holistic approach is necessary.
Case law cited in the decision
Outcomes
Appeal dismissed.
The Tribunal found the Appellant's request to be vexatious due to the numerous requests, disproportionate burden on the Council, lack of clear purpose, and harassing conduct.