Marco Tullio Suadoni v The Information Commissioner & Anor
[2024] UKFTT 56 (GRC)
Lucy Holdstock v The Information Commissioner
11 July 2024
[2024] UKFTT 609 (GRC)
First-tier Tribunal
Someone requested information from the UK Statistics Authority (UKSA) about how they analyze deaths after vaccinations. UKSA said they didn't have it. A judge said there wasn't enough proof that UKSA really looked for the information, so they have to prove they did a proper search before the case can continue.
Key Facts
- •Lucy Holdstock appealed an Information Commissioner's decision regarding an information request to the UK Statistics Authority (UKSA) about deaths following vaccinations.
- •The request sought information on the decision to switch from 2011 to 2021 census data in analyzing post-vaccination deaths.
- •UKSA responded with a link to publicly available information and claimed no further information was held.
- •The Information Commissioner upheld UKSA's decision, finding no reason to doubt adequate searches were conducted.
- •Holdstock appealed, arguing that a significant decision like this should have generated retained documentation.
- •The Commissioner applied to strike out the appeal for lacking reasonable prospects of success.
Legal Principles
The Tribunal can strike out an appeal if there's no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009, rule 8(3)(c)
The phrase 'reasonable prospect of success' means a realistic, not fanciful, prospect; it assesses whether there's a realistic chance of success.
Swain v Hillman & Another [1999] EWCA Civ 3053
When determining if information is held, the normal civil standard of proof (balance of probabilities) applies.
Freedom of Information Act 2000 (s.1(1)(a), (b))
The Tribunal can require a party or another person to provide documents or information.
Tribunal Procedure (First-tier Tribunal)(General Regulatory Chamber) Rules 2009, rule 5(1)(d)
Outcomes
The Commissioner's application to strike out the appeal was refused.
The Tribunal found insufficient evidence regarding the searches undertaken by UKSA. Further evidence was deemed necessary before a decision on the appeal's merits could be made.
The UK Statistics Authority (UKSA) was directed to provide evidence on the searches it conducted.
To allow the Tribunal and parties to assess whether UKSA had conducted adequate searches for the requested information.