Steven Paul Burke v The Information Commissioner
[2023] UKFTT 1034 (GRC)
Frank Wilson v The Information Commissioner
5 March 2024
[2024] UKFTT 173 (GRC)
First-tier Tribunal
Someone asked the city council for documents about a cycle lane safety audit. The council gave some documents but the person wasn't happy and complained. A judge reviewed the case and decided the council had given enough information and dismissed the complaint because the extra information the person wanted wasn't covered by their original request.
Key Facts
- •Frank Wilson appealed a decision notice (DN) from the Information Commissioner (ICO) regarding a Freedom of Information Act 2000 (FOIA) request to Newcastle City Council (NCC).
- •The request sought "A copy of Newcastle City Council’s submission for a safety audit on the Broadway to Brunton Lane cycle lane scheme."
- •NCC provided email chains, Stage 1 & 2 safety audits, and other documents.
- •The ICO found NCC complied with FOIA.
- •Wilson's appeal challenged the ICO's decision, arguing he didn't receive all requested information.
- •The Tribunal initially adjourned due to missing documents but later received a complete bundle.
Legal Principles
In FOIA cases, the normal civil standard of proof (balance of probabilities) applies to determine whether information is held.
Linda Bromley v the Information Commissioner and the Environment Agency (EA/2006/0072), Malcolm v Information Commissioner EA/2008/0072, Dudley v Information Commissioner EA/2008/008, Councillor Jeremy Clyne v Information Commissioner and London Borough of Lambeth EA/2011/0190, and Andrew Preston v Information Commissioner and Chief Constable West Yorkshire Police, [2022] UKUT 344 (AAC)
Under FOIA, a public authority is only bound to consider if it holds information described in the request.
This case's interpretation of FOIA
Outcomes
The appeal was struck out.
The Tribunal found Wilson's appeal had no reasonable prospects of success (Rule 8(3)(c)) and that some aspects fell outside the Tribunal's jurisdiction (Rule 8(2)(a)). The information Wilson sought was not within the scope of his original request, and the Council had provided all information that fell within that scope.