Darragh O’Sullivan v The Information Commissioner
[2023] UKFTT 216 (GRC)
Patricia O' Hanlon v The Information Commissioner & Anor
3 February 2023
[2023] UKFTT 104 (GRC)
First-tier Tribunal
Someone asked the government for information. The government didn't give them all of it. A judge said the government had to give the rest of the information.
Key Facts
- •Patricia O'Hanlon requested information from the Health and Safety Executive (HSE) under the Freedom of Information Act 2000 (FOIA) concerning an incident at a demolition site.
- •The HSE initially handled the request incorrectly under FOIA, later conceding that the Environmental Information Regulations 2004 (EIR) applied.
- •The Information Commissioner (IC) issued a Decision Notice (DN), partially upholding O'Hanlon's request.
- •O'Hanlon appealed the DN to the First-tier Tribunal (FTT).
- •The FTT found that the HSE held further information within the scope of O'Hanlon's request that should have been disclosed earlier.
Legal Principles
Right of access to information held by public authorities.
Freedom of Information Act 2000
Exceptions to the duty to disclose environmental information; public interest test.
Environmental Information Regulations 2004
Standard of proof in FOIA/EIR appeals is the balance of probabilities.
Linda Bromley (and others) v Information Commissioner & the Environment Agency
Outcomes
Appeal allowed.
The HSE held further information within the scope of O'Hanlon's request that should have been disclosed earlier. While the Tribunal found the HSE's subsequent search exhaustive, the initial failure to disclose was a breach.
Substituted decision provided.
The HSE was ordered to disclose the additional information found during the appeal process. No further information was deemed to be held.