Centre for Animals and Social Justice v Information Commissioner & Anor
[2023] UKFTT 673 (GRC)
Martina Hogg v The Information Commissioner
7 February 2024
[2024] UKFTT 110 (GRC)
First-tier Tribunal
Someone requested information from the government about meetings on animal welfare. The government refused, saying it was policy discussion. The court agreed, saying that even after a law is passed, the government needs private space to review and improve things. The request was denied.
Key Facts
- •Ms Hogg requested information from Defra regarding the All-Party Dog Advisory Welfare Group's contact with Defra officials.
- •Defra refused disclosure citing sections 35(1)(a) and 40 of the FOIA.
- •The Information Commissioner upheld Defra's decision.
- •Ms Hogg appealed to the First-tier Tribunal.
- •The Tribunal considered the withheld information in a closed bundle.
- •The Tribunal dismissed Ms Hogg's appeal.
Legal Principles
Freedom of Information Act 2000 (FOIA) Section 1(1): Public authorities have a duty to disclose information unless exempted.
FOIA
FOIA Section 2: Exemptions in Part II apply; public interest test determines disclosure if exemption engaged.
FOIA
FOIA Section 35(1)(a): Information relating to the formulation or development of government policy is exempt.
FOIA
FOIA Section 35(2): Statistical information used to inform policy decisions is not exempt once the decision is made.
FOIA
FOIA Section 35(4): Public interest in disclosing factual information used in decision-making must be considered.
FOIA
Section 57: Appeals against Information Commissioner’s notices can be brought to the Tribunal.
FOIA
Section 58: The Tribunal may review findings of fact and assess if the notice was lawful or if discretion was wrongly exercised.
FOIA
The purpose of Section 35(1)(a) is to protect the integrity of the policymaking process and ensure a safe space for considering policy options.
Tribunal's interpretation of FOIA
Even if a high-level policy is settled, the need for a safe space can exist if the government is reconsidering options.
Department of Health v Information Commissioner, Healey & Cecil (EA/2011/0286 & 0287, 5 April 2012)
The timing of a request is crucial when applying the public interest test under Section 35; ongoing policy processes strengthen 'safe space' arguments.
Department for Education and Skills v Information Commissioner (EA/2006/0006)
Outcomes
Appeal dismissed.
The Tribunal found that the Information Commissioner's decision was lawful and that the public interest favoured maintaining the exemption under Section 35(1)(a) FOIA.