David Callister v Information Commissioner & Anor
[2024] UKFTT 94 (GRC)
Gail Judson v Information Commissioner & Anor
2 November 2023
[2023] UKFTT 919 (GRC)
First-tier Tribunal
Someone asked a council for documents proving land was protected. The council said they didn't have them. A judge reviewed everything, and agreed with the council because there wasn't enough proof the documents existed.
Key Facts
- •Gail Judson appealed the Information Commissioner's decision upholding Redcar and Cleveland Borough Council's claim that it did not hold requested information about a deed of dedication for King George V playing fields.
- •The request concerned information relating to a potential deed of dedication, a licence agreement with a football club, and council correspondence regarding rededication.
- •The appellant argued that various pieces of evidence, including communications from Fields in Trust and historical documents, indicated the existence of a deed and the Council's obligation to disclose it.
- •The Council maintained that it had conducted thorough searches and did not possess the requested documents; it acknowledged some errors in its initial responses but attributed them to genuine mistakes and a council restructure.
- •The Tribunal considered the appellant's evidence but found it insufficient to demonstrate that the Council held the information on the balance of probabilities.
Legal Principles
Public authorities must make environmental information available on request unless exceptions apply (presumption in favour of disclosure).
Environmental Information Regulations 2004 (EIR)
The standard of proof for determining whether information is held is the balance of probabilities.
Case law (Bromley v Information Commissioner and Environment Agency, EA/2006/0072)
The Information Commissioner is entitled to accept a public authority's assertion that it does not hold information unless there is evidence of an inadequate search, reluctance to search, or a motive to withhold information.
Case law (Oates v Information Commissioner, EA/2011/0138; Councillor Jeremy Clyne, EA/2011/0190)
Outcomes
The appeal was dismissed.
The Tribunal found that the appellant failed to demonstrate, on the balance of probabilities, that the Council held the requested information. The Tribunal considered the evidence presented and concluded that it did not significantly corroborate the appellant's claims and that the Council's searches were reasonable.
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