Paul Nicholas Arthur v Information Commissioner
[2023] UKFTT 686 (GRC)
Derek Moss v Information Commissioner & Anor
15 August 2023
[2023] UKFTT 674 (GRC)
First-tier Tribunal
Someone asked the government for information about court policies. The government said it was too expensive to find the info. A judge agreed, even though the government was a bit slow in saying so.
Key Facts
- •Derek Moss (Appellant) made a Freedom of Information (FOI) request to the Ministry of Justice (MoJ) on 11 August 2020, seeking information on court policies and practices regarding Human Rights Act 1998 claims.
- •The MoJ initially refused the request, citing exemptions under sections 32(3) and 40(5) of the FOIA.
- •Moss appealed to the Information Commissioner's Office (ICO), which found a procedural breach by the MoJ but upheld the refusal on cost grounds (section 12(2) FOIA).
- •Moss appealed to the First-tier Tribunal (FTT), arguing the MoJ misinterpreted his request and failed to provide adequate advice and assistance under section 16 FOIA.
Legal Principles
General right of access to information held by public authorities (subject to exemptions).
Freedom of Information Act 2000
Exemption for information relating to court records and personal data.
Freedom of Information Act 2000
Exemption where cost of compliance exceeds the appropriate limit.
Freedom of Information Act 2000
Duty to provide advice and assistance to requesters.
Freedom of Information Act 2000
Public authorities can rely on exemptions first claimed during proceedings.
Case law: Birkett v DEFRA [2011] EWCA Civ 1606, McInerney v IC & DfE [2015] UKUT 0047 (AAC)
Outcomes
Appeal dismissed.
The FTT found the MoJ's initial interpretation of the request as seeking information on specific cases was reasonable. While acknowledging a procedural breach (late reliance on section 12), the FTT determined that section 12(2) ultimately applied due to the cost of fulfilling the request as interpreted. The FTT also found the MoJ had substantially complied with its section 16 duty to provide advice and assistance.