Peter Hayes v The Information Commissioner
[2023] UKFTT 641 (GRC)
Madeline Brettingham v Information Commissioner
9 May 2024
[2024] UKFTT 372 (GRC)
First-tier Tribunal
Someone asked a council for a LOT of data about their housing estate. The council said it would cost too much time and money to find. A judge agreed with the council, saying the request was too big and unreasonable, even though it was important information.
Key Facts
- •Appeal against the Information Commissioner's decision upholding the London Borough of Southwark's refusal to provide extensive historic expenditure data for the Nunhead Estate.
- •Request covered repairs costs, administrative costs, debt repayments, and flat numbers over 5 and 10-year periods.
- •Council initially refused due to estimated cost exceeding the appropriate limit under FOIA.
- •Appellant argued the request was narrower than a previous one, and similar requests were granted for other estates.
- •Both FOIA and EIR potentially applied, with the Council relying on cost limits under both regimes.
Legal Principles
FOIA Section 12(1): A public authority does not have to comply with a request if the estimated cost exceeds the appropriate limit (£450 for local authorities).
Freedom of Information Act 2000
EIR Regulation 12(4)(b): A public authority may refuse disclosure if the request is manifestly unreasonable.
Environmental Information Regulations 2004
Public interest test under EIR: Even if a request is manifestly unreasonable, disclosure may be ordered if the public interest in disclosure outweighs the public interest in maintaining the exception.
Environmental Information Regulations 2004
Reasonable estimate of cost: Public authorities need only provide a reasonable estimate of costs, not a precise calculation. The reasonableness of the estimate is key.
McInerney v Information Commissioner and the Department for Education [2015] UKUT 0047 (AAC)
Outcomes
Appeal dismissed.
The Tribunal upheld the Information Commissioner's decision, finding the Council's cost estimates reasonable and the request manifestly unreasonable under both FOIA and EIR. While acknowledging public interest in disclosure, the Tribunal determined that the burden on the Council outweighed this interest.