Nina Freedman v The Information Commissioner & Anor
[2024] UKFTT 503 (GRC)
Julian Todd v The Information Commissioner
26 September 2023
[2023] UKFTT 782 (GRC)
First-tier Tribunal
A student wanted reports on university courses. The university and the Information Commissioner said no. A judge said yes because the public's right to know about course quality is more important than protecting the university's reputation.
Key Facts
- •Mr. Julian Todd requested information from Staffordshire University under the Freedom of Information Act 2000 (FOIA) regarding external examiner reports and school responses.
- •The University refused the request, citing FOIA sections 36(2)(b) and 43(2).
- •The Information Commissioner upheld the University's refusal, relying on section 43(2).
- •Mr. Todd appealed the Commissioner's decision to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
FOIA, s1: Right to information.
FOIA, s1
FOIA, s36(2): Exemption for effective conduct of public affairs.
FOIA, s36(2)
FOIA, s43(2): Exemption for commercial interests.
FOIA, s43(2)
Public interest test under FOIA, s2(1)(b): Balancing public interest in maintaining exemption vs. public interest in disclosure.
FOIA, s2(1)(b)
Determining prejudice under s43(2): Three-question test from Hogan and Oxford City Council v ICO.
Hogan and Oxford City Council v ICO
Relevant date for public interest balancing test is the date of refusal, not subsequent review.
Montague v ICO and DIT
Exemptions must be considered and balanced separately; public interests cannot be aggregated.
Montague v ICO and DIT
Tribunal's powers under FOIA, s58: To allow or dismiss appeals, substitute notices, and review findings of fact.
FOIA, s58
Outcomes
Appeal allowed.
The Tribunal found that the public interest in disclosure outweighed the public interest in maintaining the exemption under s43(2). Exemptions under s36(2)(b) were not engaged due to lack of evidence and unreasonableness of the stated opinions.
Decision Notice substituted.
Staffordshire University must disclose the requested information, subject to redaction of personal data, within 35 days.