Kate Sharp v The Information Commissioner & Anor
[2024] UKFTT 381 (GRC)
Kate Sharp v The Information Commissioner
11 April 2024
[2024] UKFTT 290 (GRC)
First-tier Tribunal
Someone requested emails from a council about their planning application. The council refused, saying it was internal communication. A judge agreed that most of the emails should stay private to protect honest discussions, but one less important email had to be released.
Key Facts
- •Ms. Sharp appealed the Information Commissioner's decision upholding Herefordshire Council's withholding of information related to her planning application (214270) under regulation 12(4)(e) of the Environmental Information Regulations 2004 (EIR).
- •The request sought all communication between Council employees and Councillors concerning the application.
- •The Council withheld information citing internal communications and course of justice exceptions.
- •Two incidents involving the case officer and Ms. Sharp’s neighbour, a Parish Councillor, formed part of the dispute.
- •The Tribunal considered whether the EIR applied, whether the information constituted internal communications, and the balance of public interest in disclosure vs. maintaining the exception.
Legal Principles
Environmental Information Regulations 2004 (EIR) - Regulation 2(1) defines environmental information.
EIR
EIR - Regulation 12(4)(e) allows withholding of internal communications if public interest favors maintaining the exception.
EIR
BEIS v IC and Henney [2017] EWCA Civ 844 clarified the interpretation of 'on' a measure in relation to environmental information.
BEIS v IC and Henney [2017] EWCA Civ 844
Tribunal's remit under s.58 FOIA is to assess if the Commissioner's decision is lawful or if discretion was wrongly exercised.
s.58 FOIA
Outcomes
Appeal allowed in part.
The Tribunal found the Council was not entitled to withhold one email (from the Ward Councillor) as the public interest in disclosure was not outweighed by maintaining the exception. However, the remaining internal communications were appropriately withheld due to the strong public interest in protecting candid internal discussions while matters were still live.