Paul Bentley v The Information Commissioner
[2024] UKFTT 18 (GRC)
John McTighe v The Information Commissioner & Anor
9 November 2023
[2023] UKFTT 940 (GRC)
First-tier Tribunal
Someone repeatedly asked for information, annoying a government worker and causing them distress. A judge decided the requests were annoying and threw out the request, and might fine the person for wasting time and money.
Key Facts
- •Appeal against the Information Commissioner's decision to refuse a Freedom of Information request under section 14(1) FOIA (vexatious request).
- •Request related to Trawscymru Annual Reports and Strategy Board minutes, concerning alleged incorrect data and subsequent investigation by South Wales Police.
- •Welsh Government (WG) refused the request citing section 14(1) FOIA.
- •Information Commissioner upheld the WG's refusal.
- •Appellant's previous appeals involving similar requests and the same WG staff member were dismissed.
- •South Wales Police investigation found no criminal offences had been committed.
- •Appellant's actions caused significant distress to a WG staff member.
- •Appellant copied his request to numerous email addresses, including political figures and news agencies.
Legal Principles
A request is vexatious if it is a manifestly unjustified, inappropriate, or improper use of FOIA; the purpose of section 14 is to protect public authority resources from disproportionate FOIA use.
Dransfield
Vexatiousness may be evidenced by obsessive conduct that harasses or distresses staff, uses intemperate language, makes unsubstantiated allegations of criminal behaviour, or is otherwise extremely offensive.
Dransfield (Upper Tribunal)
Section 14(1) FOIA allows refusal of requests deemed vexatious.
Freedom of Information Act 2000
Outcomes
Appeal dismissed.
The Tribunal found the request to be vexatious based on the appellant's obsessive campaign against the WG and a specific staff member, causing harassment and distress, and the lack of significant public interest in the information.
Further consideration of costs and/or financial penalties against the appellant.
Appellant's unreasonable conduct in bringing and conducting the appeal.