Liam Harron v The Information Commissioner
[2023] UKFTT 220 (GRC)
Liam Harron v Information Commissioner & Anor
6 March 2023
[2023] UKFTT 257 (GRC)
First-tier Tribunal
Liam appealed because he thought the council hid information. The judge said he didn't prove they did, so the appeal was dismissed.
Key Facts
- •Liam Harron appealed a Decision Notice (IC-139592-P9T5) from the Information Commissioner's Office (ICO) concerning a Freedom of Information Act 2000 (FOIA) request to Rotherham Metropolitan Borough Council.
- •The ICO's Decision Notice stated the Council had provided Mr. Harron with the requested information, withholding only personal data, and did not hold further information at the request date (20 July 2021).
- •Mr. Harron's appeal questioned whether the Council properly addressed concerns raised in a previous Upper Tribunal appeal and comments from the GRC's Chamber President.
- •Both the ICO and the Council applied to strike out the appeal.
- •Mr. Harron's appeal relied on past findings of non-compliance by the Council, lacking specific evidence of withheld information in this instance.
Legal Principles
The Tribunal can strike out an appeal if there is no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (SI 2010/43) as amended, rule 8(3)(c)
The burden of proof lies on the appellant to demonstrate the Decision Notice was incorrect.
Implicit in the Tribunal's consideration of the appeal.
The Tribunal's role is to consider appeals against ICO Decision Notices, not to conduct general reviews of information rights practices.
Implicit in the Tribunal's decision.
Outcomes
The appeal was struck out.
Mr. Harron failed to provide sufficient evidence to support his claim that the Council held further relevant information. His appeal relied on past instances of non-compliance, not specific evidence regarding this particular request. The Tribunal considered his grounds lacked a reasonable prospect of success.