Dorian Grehold v The Information Commissioner
[2024] UKFTT 39 (GRC)
Dorian Grehold v The Information Commissioner & Anor
17 January 2024
[2024] UKFTT 40 (GRC)
First-tier Tribunal
Someone wanted documents about where to build the UK Holocaust Memorial. The government said releasing them would hurt the decision-making process. A court agreed, saying it's important to keep some things secret while planning big projects.
Key Facts
- •Appeal against the Information Commissioner's decision notice refusing access to information relating to the UK Holocaust Memorial.
- •Appellant requested minutes and papers relating to site selection and Learning Centre specifications.
- •Public authority withheld information under sections 35(1)(a) (government policy formulation) and 43(2) (commercial interests).
- •Previous requests for similar information had been refused.
- •Planning permission for the preferred site was quashed by the High Court, leading to ongoing policy development.
- •Appellant argued misleading information, inadequate evidence, incorrect public interest balancing, and that the policy was not 'live'.
Legal Principles
Freedom of Information Act 2000 (FOIA) Section 35(1)(a) exempts information relating to the formulation or development of government policy.
FOIA Section 35(1)(a)
Section 35 is a class-based exemption; a significant link between the information and policy formulation is sufficient.
Commissioner's guidance and Tribunal decisions
Section 35 is a qualified exemption subject to a public interest test. The public interest in maintaining the exemption must outweigh the public interest in disclosure.
FOIA Section 35, Tribunal decisions
FOIA Section 43(2) exempts information that would, or would be likely to, prejudice the commercial interests of third parties.
FOIA Section 43(2)
Outcomes
Appeal dismissed.
The Tribunal found that the information related to live policy formulation (section 35(1)(a) engaged), and that the public interest in maintaining the exemption outweighed the public interest in disclosure. No significant change in circumstances since previous similar cases.