Paul Bentley v The Information Commissioner
[2024] UKFTT 18 (GRC)
G Boswell v The Information Commissioner & Anor
4 September 2024
[2024] UKFTT 779 (GRC)
First-tier Tribunal
A man made a freedom of information request to the ONS. The ONS refused it, saying it was vexatious. The Information Commissioner agreed. A court reviewed the decision. The court decided the request wasn't vexatious because even though the man was making several requests, this particular one wasn't unreasonable. The ONS has to reconsider its refusal.
Key Facts
- •Appeal against Information Commissioner's decision that ONS's refusal to comply with Mr. Boswell's FOI request (25 May 2022) was justified under section 14(1) FOIA (vexatious requests).
- •Request sought emails to Iain Bell responding to his 'Black Lives Matter' email (8 June 2020).
- •Mr. Boswell's request was one of three made within a short timeframe; the others were not appealed.
- •The Tribunal considered the burden on ONS, Mr. Boswell's motive, the request's value/serious purpose, and potential harassment/distress.
- •Underlying context involved Mr. Boswell's grievance against ONS regarding alleged promotion of Critical Race Theory and political bias.
Legal Principles
Section 14(1) FOIA's 'vexatious' test focuses on the request's nature, not the requester's.
Dransfield ([2012] UKUT 440 (AAC) and [2015] EWCA Civ 454), CP v Information Commissioner [2016] UKUT 427 (AAC)
Vexatiousness requires a manifestly unjustified, inappropriate, or improper use of FOIA; a holistic approach is needed.
Dransfield
Factors to consider include burden on public authority, requester's motive, request's value/serious purpose, and harassment/distress caused.
Dransfield
Public interest is a factor but doesn't override other considerations; a request can have value even if serving a private interest.
Dr Yeong-Ah Soh v Information Commissioner
Outcomes
Appeal allowed.
The Tribunal found the request, while part of a series, was not vexatious at the time of the response. The burden was significant but not disproportionate, the motive was not improper, and the request had a serious purpose, even if primarily serving Mr. Boswell's private interest in his grievance appeal.
ONS must issue a fresh response to the 25 May 2022 request without relying on section 14(1) FOIA.
The Tribunal found the Commissioner's decision to uphold the section 14(1) refusal was not in accordance with the law.