Sue Bramall v The Information Commissioner
[2024] UKFTT 628 (GRC)
Deborah Cox v The Information Commissioner & Anor
26 September 2024
[2024] UKFTT 863 (GRC)
First-tier Tribunal
Someone asked the government for a list of places that use animals for science. The government said no because it might put people in danger. A court said the government didn't prove that, so it has to give the list.
Key Facts
- •Deborah Cox requested a list of public authority establishments licensed under the Animals (Scientific Procedures) Act 1986 (ASPA) as at 18 May 2022.
- •The Home Office refused the request under s38(1) FOIA (health and safety).
- •The Information Commissioner upheld the Home Office's refusal.
- •Cox appealed to the First-tier Tribunal (FTT).
- •The FTT allowed the appeal, finding that the Home Office had not demonstrated a sufficient causal link between disclosure and endangerment to health and safety.
Legal Principles
Section 38 FOIA is a qualified exemption, requiring a balancing of public interest in maintaining the exemption against public interest in disclosure.
FOIA
Section 38 FOIA requires that disclosure would, or would be likely to, endanger a protected interest, unlike other qualified exemptions which use a 'prejudice' test.
FOIA
On appeal under s58 FOIA, the Tribunal has a full merits appellate jurisdiction, making its own findings of fact and applying FOIA provisions.
Information Commissioner v Malnick [2018] UKUT 72 (AAC); Montague v Information Commissioner and DIT [2022] UKUK 104 (AAC)
Section 44 FOIA exempts information if disclosure is prohibited by another enactment.
FOIA
Section 24 ASPA prohibits disclosure of information obtained in the exercise of functions under ASPA which was given in confidence.
ASPA
Outcomes
The appeal is ALLOWED.
The Home Office failed to demonstrate a reasonably foreseeable likelihood of endangerment to health or safety from disclosing the list of licensed establishments at the time of the refusal. The causal link between disclosure and endangerment was not sufficiently established. Section 44 FOIA was also not engaged.
Substituted Decision Notice
The Home Office must provide the appellant with the requested list of establishments within 28 days.