Paul Nicholas Arthur v Information Commissioner
[2023] UKFTT 686 (GRC)
Jon Austin v The Information Commissioner & Anor
2 October 2024
[2024] UKFTT 866 (GRC)
First-tier Tribunal
Someone asked for part of a court transcript from the CPS. The CPS said it would cost too much to find it. A judge agreed with the CPS, even though the person argued the CPS was disorganized. The judge said the law doesn't force the CPS to be perfectly organized; they just have to give a reasonable estimate of the cost.
Key Facts
- •Jon Austin appealed a decision by the Information Commissioner that the Crown Prosecution Service (CPS) was entitled to refuse his Freedom of Information request under section 12(2) of the FOIA.
- •Austin requested a section of the transcript of the 1998 trial of Michael Steele and Jack Whomes, specifically the evidence of Barry Dorman.
- •The CPS refused, citing the cost of searching exceeding the £600 limit.
- •The CPS conducted two searches: the first, a sample of 23 boxes, and the second, all 131 boxes.
- •The first search took 6.5 hours, and the second 17.2 hours, exceeding the cost limit when retrieval and storage costs were included.
- •Austin argued the CPS’s archive system was ‘shoddy’ and that a more efficient search method could have been used.
- •The CPS maintained its estimate was reasonable and supported by evidence.
Legal Principles
A public authority is not obliged to comply with a FOIA request if the estimated cost exceeds the appropriate limit (£600).
Freedom of Information Act 2000, section 12(1)
In estimating costs, a public authority may only consider costs reasonably expected to be incurred in determining if information is held, locating, retrieving, and extracting it.
Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, Regulation 3
The cost estimate must be sensible, realistic, and supported by cogent evidence.
McInerny v IC and Department for Education [2015] UKUT 0047 (AAT)
The test for reasonableness is subjective to the authority but qualified by an objective element allowing the Commissioner and tribunal to remove unreasonable amounts.
Reuben Kirkham v Information Commissioner [2018] UKUT 126 (AAC)
FOIA is not a means of reviewing a public authority’s record-keeping against best practice.
Commissioner of Police for the Metropolis v Information Commissioner and Mackenzie [2014] UKUT 479
A public authority's record-keeping practices must be taken as they are, even if defective.
Cruelty Free International v Information Commissioner [2017] UKIT 0318 (AAC)
Section 16 FOIA requires public authorities to offer advice and assistance.
Freedom of Information Act 2000, section 16
Outcomes
The appeal was dismissed.
The Tribunal found the CPS's cost estimate was reasonable, supported by cogent evidence, and that the CPS complied with its section 16 obligations.