Prakash Puchooa v The Information Commissioner
[2023] UKFTT 640 (GRC)
Ian Dutton v The Information Commissioner & Anor
9 November 2023
[2023] UKFTT 949 (GRC)
First-tier Tribunal
Someone asked the police for documents. The police said they didn't have them, and a judge believed them. The judge also said they couldn't deal with the other complaints because they weren't about the documents themselves.
Key Facts
- •Mr. Dutton requested information from Lincolnshire Police regarding a plan presented to the Police and Crime Commissioner (PCC), related correspondence, and justifications for PCSO cuts.
- •Lincolnshire Police claimed exemptions under sections 40(2), 31(1), 21, and 22 of the Freedom of Information Act 2000 (FOIA).
- •The Information Commissioner found Lincolnshire Police in breach of s1(1) FOIA for failing to notify Mr. Dutton that it didn't hold correspondence between the Chief Constable and the PCC, but upheld other exemptions under s31(a) and (b) FOIA.
- •Mr. Dutton appealed, arguing the Information Commissioner gave too much weight to Lincolnshire Police's denial of holding correspondence and raising broader concerns about policing decisions.
- •The Tribunal considered evidence from YouTube videos and Lincolnshire Police's search for correspondence.
Legal Principles
In FOIA requests, the civil standard of proof (balance of probabilities) applies when determining if a public body holds the requested information.
[2022] UKUT 344 (AAC) (Andrew Preston v Information Commissioner and Chief Constable West Yorkshire Police)
The Information Commissioner is entitled to accept a public authority's statement unless there's evidence of an inadequate search, reluctance to search, or a motive to withhold information.
[2018] UKFTT 2011_138 (GRC) (Oates v Information Commissioner and Architects Registration Board)
Sections 31(a) and (b) FOIA allow withholding information if disclosure would prejudice crime prevention or detection.
Freedom of Information Act 2000
The Tribunal's jurisdiction is limited to FOIA disclosure issues, not broader policing conduct.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 8
Outcomes
The appeal was struck out.
The Tribunal found Mr. Dutton had no reasonable prospect of success on his main argument regarding the correspondence. His other arguments were outside the Tribunal's jurisdiction.