Catherine Louise Holden v The Information Commissioner
[2023] UKFTT 764 (GRC)
John Windas v The Information Commissioner
29 March 2023
[2023] UKFTT 341 (GRC)
First-tier Tribunal
Someone asked a town council for information about trees. The council said it was too expensive. A judge decided the request was about the environment, not just general information, and the council had wrongly estimated the cost. The council now has to give the information.
Key Facts
- •John Windas requested information from Withernsea Town Council about the condition and management of trees on a playing field.
- •The Council refused the request under FOIA, citing excessive cost.
- •The Information Commissioner upheld the Council's refusal but found the Council failed to provide reasonable advice and assistance.
- •Windas appealed, arguing the Commissioner hadn't required cost evidence and the request was for environmental information under EIR.
- •The Tribunal found the request was for environmental information under EIR, not FOIA.
Legal Principles
Environmental Information Regulations 2004 (EIR) apply to requests for environmental information.
Regulation 2(1) EIR
Public authorities must make environmental information available on request, subject to exceptions.
Regulation 5(1) EIR
A public authority may refuse to disclose environmental information if an exception applies and the public interest in maintaining the exception outweighs disclosure.
Regulation 12(1) EIR
A public authority may refuse disclosure if the request is manifestly unreasonable.
Regulation 12(4)(b) EIR
The test for "manifestly unreasonable" under EIR is similar to the test for "vexatious" under FOIA.
Craven v Information Commissioner and DECC [2012] UKUT 442 (AAC)
Factors for assessing a vexatious request include burden on the authority, requester's motive, request's value, and harassment.
Information Commissioner v Devon CC and Dransfield [2012] UKUT 440 AAC
Tribunal can allow an appeal if the Commissioner's notice is not in accordance with the law.
s.58(1)(a) FOIA
Outcomes
Appeal allowed.
The request was for environmental information under EIR; the request was not manifestly unreasonable under Regulation 12(4)(b) EIR.
Decision Notice IC-164057-L4Y0 is not in accordance with the law.
The Commissioner incorrectly applied FOIA and did not properly consider the EIR.
Withernsea Town Council must disclose information requested in parts 1, 2, 3, and 5 of the request or justify refusal under another EIR exception.
The burden on the Council was significantly less than originally estimated and the request was not manifestly unreasonable.
Withernsea Town Council is not required to disclose information in part 4 as no such information exists.
The council misinterpreted the request, believing it was about past work rather than future planning.
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