Andrew Ronnan v The Information Commissioner & Anor
[2024] UKFTT 755 (GRC)
Francis Manuel Kwofie v The Information Commissioner & Anor
9 August 2024
[2024] UKFTT 756 (GRC)
First-tier Tribunal
Someone complained about their workplace. The government investigated but refused to share details, claiming it was confidential to protect future investigations. A court agreed, saying the public interest in keeping things secret was stronger than the public interest in knowing what happened.
Key Facts
- •Francis Manuel Kwofie appealed a decision by the Information Commissioner upholding the Health and Safety Executive Northern Ireland's (HSENI) refusal to disclose information relating to an investigation into Kwofie's complaint against his employer.
- •Kwofie's complaint concerned the non-return of overalls, alleging a connection to his reporting of co-worker misconduct.
- •HSENI investigated, found the complaint 'not upheld', and withheld information under sections 30(1)(b) and 44(1) of the Freedom of Information Act 2000 (FOIA).
- •The withheld information consisted of correspondence from Kwofie's employer.
- •The appeal was determined on the papers, with the Tribunal considering an agreed open bundle and three closed bundles of withheld information.
Legal Principles
Section 30(1)(b) FOIA exempts information held for the purpose of an investigation which may lead to criminal proceedings.
Freedom of Information Act 2000
Section 30 FOIA is a class-based exemption; no prejudice needs to be demonstrated, only that the information falls within the protected class.
Freedom of Information Act 2000
The public interest test under section 2(2)(b) FOIA requires balancing the public interest in maintaining the exemption against the public interest in disclosure.
Freedom of Information Act 2000
In applying the public interest test, the Tribunal considers the state of affairs at the time of the authority's decision (Montague v Information Commissioner).
Montague v Information Commissioner and the Department for International Trade [2022] UKUT 104 (AAC)
Outcomes
The appeal was dismissed.
The Tribunal found that the withheld information was exempt under s. 30(1)(b) FOIA and that the public interest in maintaining the exemption outweighed the public interest in disclosure. The Tribunal found no error of law in the Commissioner's decision.
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