Jenna Corderoy v The Information Commissioner & Anor
[2024] UKFTT 105 (GRC)
James Coombs v Information Commissioner
6 September 2024
[2024] UKFTT 804 (GRC)
First-tier Tribunal
Someone asked the government for a report about the history of the Windrush scandal. The government said no, but a court said the public has a right to know, so the government has to release the report.
Key Facts
- •James Coombs requested information from the Home Office regarding a report titled "The Historical Roots of the Windrush Scandal."
- •The Home Office refused the request citing FOIA exemptions.
- •The Information Commissioner upheld the Home Office's refusal.
- •Coombs appealed to the First-tier Tribunal (General Regulatory Chamber).
- •The report examines the historical context of the Windrush scandal.
- •The Home Office argued that disclosure would inhibit frank advice, views exchange, and effective public affairs.
Legal Principles
Freedom of Information Act 2000 (FOIA) exemptions, specifically sections 35(1)(a), 36(2)(b)(i), 36(2)(b)(ii), and 36(2)(c).
FOIA
Public interest test in balancing the disclosure of information against potential harm.
FOIA
Outcomes
The appeal is allowed.
The Tribunal found the Home Office's reliance on FOIA exemptions to be weak and the public interest in disclosure to outweigh the potential harms.
Substituted Decision Notice.
The Home Office is ordered to disclose the requested information within 30 days.