James Coombs v The Information Commissioner
[2024] UKFTT 712 (GRC)
Derek Berry v Information Commissioner
19 October 2023
[2023] UKFTT 880 (GRC)
First-tier Tribunal
Someone wanted school test results early. The school said no, it would release them later. The government agreed with the school because releasing incomplete information would be confusing and unfair.
Key Facts
- •Derek Berry appealed a Decision Notice (DN) from the Information Commissioner concerning a Freedom of Information Act 2000 (FOIA) request to The Buckingham Grammar Schools (TBGS).
- •The request sought SST results for 2019 and 2020 entries, including feeder school data.
- •TBGS provided some information but withheld the remainder citing section 22 FOIA (information held for future publication).
- •The Commissioner upheld TBGS's reliance on section 22, finding the public interest favored withholding the data until the scheduled publication date.
- •The Commissioner also noted TBGS's breach of section 17 FOIA (failure to issue a proper refusal notice).
Legal Principles
Right to information subject to exemptions.
FOIA
Standard of proof: balance of probabilities.
FOIA
Section 22 FOIA exemption: information held for future publication; reasonableness of withholding.
FOIA
Public interest test: weighing public interest in maintaining exemption against public interest in disclosure.
FOIA
Tribunal's powers: review of lawfulness and discretion.
FOIA
Section 17 FOIA: Requirement for proper refusal notice.
FOIA
Outcomes
Appeal dismissed.
The Tribunal found TBGS had a settled intention to publish the information; withholding until the scheduled publication date was reasonable; the public interest favored maintaining the exemption; and the Commissioner's decision was in accordance with the law.
Confirmed Commissioner's finding of TBGS's breach of section 17 FOIA.
TBGS did not issue a proper refusal notice.