Martin Lindsay Adedeji v The Information Commissioner & Anor
[2022] UKFTT 391 (GRC)
Mohammed Osman v The Information Commissioner
3 May 2024
[2024] UKFTT 360 (GRC)
First-tier Tribunal
A man asked his former GP surgery for information on patient numbers and removals. The surgery refused, saying his request was annoying. The government's information watchdog agreed, but a judge said there wasn't enough proof the request was annoying, and the surgery must now answer his questions.
Key Facts
- •Mohammed Osman appealed a Decision Notice (DN) from the Information Commissioner (IC) under section 57 of the Freedom of Information Act 2000 (FOIA).
- •The DN upheld Woodroyd Medical Practice's (PA) refusal to provide Osman with information on patient registrations and deregistrations, citing section 14(1) FOIA (vexatious request).
- •Osman's request sought data on patient numbers, removals, reasons for removal, ethnicity of removed patients, and warning letters issued over several years.
- •The PA initially claimed not to hold the information, later arguing the request was vexatious due to the potential distress to staff.
- •The IC agreed with the PA, finding the request vexatious based on the potential distress and unjustified burden.
Legal Principles
Section 14(1) FOIA: A public authority is not obliged to comply with a vexatious request for information.
Freedom of Information Act 2000
Definition of 'vexatious': Manifestly unjustified, inappropriate, or improper use of a formal procedure; proportionality and justification are relevant considerations.
Information Commissioner v Devon CC & Dransfield [2012] UKUT 440 (AAC); Dransfield v Information Commissioner & Devon County Council [2015] EWCA Civ 454
Factors to consider when assessing vexatiousness: burden on the public authority, requester's motive, value/serious purpose of the request, harassment/distress to staff (not exhaustive). A holistic approach is needed, emphasizing manifest unreasonableness, irresponsibility, and lack of proportionality.
Dransfield v Information Commissioner & Devon County Council [2015] EWCA Civ 454
Outcomes
The appeal was allowed.
The Tribunal found insufficient evidence of burden or distress caused by the request to justify its classification as vexatious. The Commissioner conflated past behaviour with the current request. The Tribunal emphasized the importance of access to information under the FOIA and rejected the blanket ban effect of denying access based on past conduct.
A substituted decision was made.
The Woodroyd Medical Practice was ordered to issue a fresh response to Osman's request, without relying on section 14(1) FOIA.