Prakash Puchooa v The Information Commissioner
[2023] UKFTT 640 (GRC)
Diane Roselyn Thomas v The Information Commissioner
24 August 2023
[2023] UKFTT 664 (GRC)
First-tier Tribunal
Someone asked the council for old records about a family grave. The council said they didn't have any more information than what they'd already given. A judge agreed with the council, saying the council searched properly and that the request was for information the council didn't have, so the case was dismissed.
Key Facts
- •Diane Roselyn Thomas appealed a decision by the Information Commissioner (IC) concerning a Freedom of Information Act 2000 (FOIA) request to Plymouth City Council.
- •The request sought information about a grave plot (C14969), including any contracts or records of payments made since 1928.
- •The Council provided information from its grave register but stated it held no further information, citing its records retention policy.
- •The IC upheld the Council's position, concluding that they had conducted a sufficiently rigorous search and disclosed all held information.
- •The Appellant argued the Council should hold a contract from 1928 and further payment records from 1958.
Legal Principles
The FOIA right of access is only to information held at the time of the request, not information that 'should' be held.
Information Commissioner's decision and Tribunal's reasoning
Even if a public authority might hold requested information, if a sufficiently rigorous search yields no results, it's considered, on the balance of probabilities, as not held for FOIA purposes.
Bromley v Information Commissioner & the Environment Agency (EA/2006/0072)
Outcomes
The appeal was struck out.
The Tribunal accepted the Commissioner's reasoning and found no error of law or flaw in the exercise of discretion. The Tribunal agreed that even with further evidence, the appeal would likely be dismissed.