David Callister v Information Commissioner & Anor
[2024] UKFTT 94 (GRC)
David Norris v The Information Commissioner
7 July 2023
[2023] UKFTT 593 (GRC)
First-tier Tribunal
Someone asked a council for information about a land deal. The council said they had no more info. Even with new evidence, a judge ruled the council likely didn't have any more info at the time of the original request.
Key Facts
- •David Norris appealed a decision notice (DN) from the Information Commissioner regarding a request for information from Great Wyrley Parish Council about a historic land transfer.
- •The Council initially provided some information but claimed to hold no further information.
- •The Commissioner found that the Council should have considered information obtained from a neighboring parish council for disclosure, thus breaching EIR regulation 5(1).
- •The Commissioner concluded that, on the balance of probabilities, the Council did not hold any further relevant information beyond what was already disclosed.
- •Norris appealed, arguing the Council's clerk withheld information and lacked transparency.
- •Norris presented new evidence (minutes of a council meeting) suggesting the existence of additional information after the Commissioner's decision.
- •The Tribunal considered the new evidence but found it insufficient to prove, on the balance of probabilities, that the Council held further relevant information at the time of the request.
Legal Principles
A public authority holding environmental information must make it available upon request (Regulation 5(1) EIR).
Environmental Information Regulations 2004 (SI 2004/3391)
A public authority may refuse disclosure if it does not hold the requested information (Regulation 12(4)(a) EIR).
Environmental Information Regulations 2004 (SI 2004/3391)
The standard of proof for determining whether information is held is the balance of probabilities.
Linda Bromley v the Information Commissioner and the Environment Agency (EA/2006/0072)
The Information Commissioner is not required to conduct a full-scale investigation in every case where a requester disbelieves a public authority's claim of not holding further information.
Oates v IC and Architects Registration Board EA/2011/0138
Outcomes
The appeal was dismissed.
The Tribunal found insufficient evidence to prove, on the balance of probabilities, that the Council held further relevant information at the time of the request, despite acknowledging the Appellant's frustration and concerns about potential malfeasance.