Paul Bentley v The Information Commissioner
[2024] UKFTT 18 (GRC)
Deirdre Murphy v The Information Commissioner
20 June 2023
[2023] UKFTT 512 (GRC)
First-tier Tribunal
Someone kept asking the government for the same information repeatedly, even after being told no. A judge decided that this was being annoying and unreasonable, so they didn't have to give the information.
Key Facts
- •Deirdre Murphy appealed a decision by the Information Commissioner (IC) upholding the Government Legal Department's (GLD) refusal of her Freedom of Information Act 2000 (FOIA) request.
- •The request sought information relating to a previous First-tier Tribunal appeal (EA/2010/0055) concerning patient data.
- •GLD refused the request on the grounds of vexatiousness under section 14(1) FOIA.
- •The appeal was determined without a hearing.
- •The Appellant had made multiple previous FOIA requests to various public authorities concerning the same or similar matters.
Legal Principles
A request is vexatious under section 14(1) FOIA if it is a manifestly unjustified, inappropriate, or improper use of FOIA.
[2012] UKUT 440 (AAC), Information Commissioner v Dransfield (as upheld and clarified in [2015] EWCA Civ 454)
In determining vexatiousness, a holistic and broad approach is required, considering factors such as the burden on the public authority, the requester's motive, the value or serious purpose of the request, and any harassment caused.
[2012] UKUT 440 (AAC), Information Commissioner v Dransfield
Outcomes
The appeal was dismissed.
The Tribunal found the request to be vexatious under section 14(1) FOIA. The Appellant's persistence in making requests on the same topic, despite previous refusals, imposed an ongoing burden on GLD, and there was no significant public interest in the information sought.