Rowland James Spencer v The Information Commissioner
[2023] UKFTT 1064 (GRC)
John Greenwood v The Information Commissioner
15 March 2024
[2024] UKFTT 220 (GRC)
First-tier Tribunal
Someone asked a government agency for information and didn't get it on time. The Information Commissioner said the agency was wrong but didn't make them do anything extra. A court agreed the Commissioner should have made the agency fix the problem, but the agency then gave the information anyway, so the court's action wasn't needed.
Key Facts
- •John Greenwood (Appellant) requested information from a public authority (PA) about bodycams used during an incident on 6 July 2023.
- •The PA failed to respond within the statutory timeframe.
- •The Information Commissioner (ICO) found a breach of section 10(1) FOIA but didn't order further steps, believing a response had been provided on 4 October 2023.
- •The Appellant appealed, arguing he hadn't received a response and that section 17(1) FOIA was also breached.
- •The PA later provided the information on 22 November 2023.
- •The Tribunal found the ICO erred in not ordering further steps under section 50(4) FOIA because the response was not received by the appellant on 4 October 2023.
Legal Principles
Public authorities must comply with section 1(1) FOIA promptly, within 20 working days.
FOIA, section 10(1)
If a public authority relies on exemptions, it must give notice under section 17(1) FOIA within the timeframe for complying with section 1(1).
FOIA, section 17(1)
If the Commissioner finds a breach of section 1(1), 11 or 17 FOIA, the decision notice must specify steps for compliance under section 50(4).
FOIA, section 50(4)
The Tribunal can allow an appeal or substitute a decision notice if the Commissioner's decision erred in law or involved an incorrect exercise of discretion.
FOIA, section 58(1)
Outcomes
Appeal allowed in part.
The Tribunal agreed the ICO erred by not ordering steps under section 50(4) FOIA as the Appellant did not receive the response on 4 October 2023.
Part of the appeal dismissed.
The PA subsequently provided the requested information on 22 November 2023, fulfilling any requirement for further steps. No breach of section 17(1) FOIA was found.