David Callister v Information Commissioner & Anor
[2024] UKFTT 94 (GRC)
Michael Bell v The Information Commissioner & Anor
25 September 2023
[2023] UKFTT 781 (GRC)
First-tier Tribunal
Someone asked a council for information. The council said it didn't have it. A government investigator agreed, focusing on the main part of the request. The person who asked for the information disagreed and complained, but a judge sided with the investigator and the council.
Key Facts
- •Mr. Michael Bell requested environmental information from East Woodhay Parish Council regarding sports facilities, the Neighbourhood Plan, and a former councillor's involvement.
- •The Council claimed it did not hold the requested information, except for a lease agreement deemed confidential.
- •Mr. Bell complained to the Information Commissioner (IC), who investigated and concluded the Council did not hold the requested information, focusing primarily on the absence of Neighbourhood Plan Steering Group (NPSG) minutes.
- •Mr. Bell appealed the IC's decision to the First-tier Tribunal (FTT).
- •The FTT considered two aspects of Mr. Bell's appeal: a narrow challenge to the finding that information wasn't held, and a broader challenge alleging the IC improperly limited the scope of the investigation.
- •The FTT upheld the IC’s decision.
Legal Principles
A public authority 'holds' environmental information if it is in its possession and has been produced or received by it, or is held by another person on behalf of the authority.
Environmental Information Regulations 2004 (EIR), reg 3(2)
Whether information is 'held' is a question of fact, decided on a balance of probabilities.
University of Newcastle upon Tyne v ICO and BUAV [2011] UKUT 185 AAC, [41]; Bromley v Information Commissioner and Environment Agency EA/2006/0072
The FTT's powers in determining appeals under the Freedom of Information Act 2000 (FOIA) include reviewing findings of fact and ensuring decisions are in accordance with the law.
FOIA, s58
Outcomes
The appeal was dismissed.
The FTT found the IC permissibly limited the investigation to the NPSG minutes based on Mr. Bell's lack of objection to the narrowed scope. The FTT also found the IC's conclusion that the Council did not hold the requested minutes was supported by sufficient evidence.