Charlotte Pearl v The Information Commissioner
[2023] UKFTT 1077 (GRC)
Ian Hudson v The Information Commissioner
1 March 2024
[2024] UKFTT 167 (GRC)
First-tier Tribunal
Someone asked the police if their Chief Constable was at Gatwick Airport during the 2018 drone incident. The police refused to say yes or no, citing an ongoing investigation. A judge agreed with the police, saying that protecting the investigation was more important than releasing the information.
Key Facts
- •Appeal against Information Commissioner's Decision Notice (DN) under s.57 of the Freedom of Information Act 2000 (FOIA).
- •Appellant requested information from Sussex Police regarding Chief Constable Giles York's presence at Gatwick Airport during a drone disruption in December 2018.
- •Sussex Police applied s.30(3) FOIA, neither confirming nor denying whether the information was held.
- •The Commissioner upheld Sussex Police's decision.
- •The appeal concerned the public interest test under s.2 FOIA regarding the exemption in s.30(3).
- •The incident involved a significant aviation disruption, raising security concerns and causing substantial losses.
Legal Principles
Right to be informed whether information is held (s.1(1)(a) FOIA) and to have it communicated if held (s.1(1)(b) FOIA), subject to exemptions.
Freedom of Information Act 2000
Application of the normal civil standard of proof (balance of probabilities) when determining whether information is held.
Freedom of Information Act 2000
S.2(1) FOIA: Public interest test for exemptions. If the public interest in maintaining the exemption outweighs the public interest in disclosure, s.1(1)(a) does not apply.
Freedom of Information Act 2000
S.30(1) FOIA: Exemption for information held for the purposes of investigations and proceedings conducted by public authorities.
Freedom of Information Act 2000
S.30(3) FOIA: Duty to confirm or deny does not arise if information is (or would be) exempt under subsections (1) or (2).
Freedom of Information Act 2000
Tribunal's powers under s.58 FOIA: To allow or dismiss the appeal based on whether the DN is in accordance with the law, and to review findings of fact.
Freedom of Information Act 2000
The Tribunal stands in the shoes of the Commissioner and takes a fresh decision on the evidence.
Freedom of Information Act 2000
Relevant case law: Lubicz v IC and King’s College London [2015] UKUT 555 (AC)
Lubicz v IC and King’s College London
Outcomes
Appeal dismissed.
The Tribunal found that the public interest in maintaining the exemption under s.30(3) FOIA outweighed the public interest in disclosure. Potential prejudice to future investigations and the protection of policing operations were considered outweighing the limited public interest in the specific requested information.