Jon Austin v The Information Commissioner & Anor
[2024] UKFTT 866 (GRC)
Paul Nicholas Arthur v Information Commissioner
21 August 2023
[2023] UKFTT 686 (GRC)
First-tier Tribunal
Someone asked the government for information, but they said it would cost too much to find. The person argued the government's bad filing system (breaking other rules) made the high cost unreasonable. The court said it can't fix the government's filing; it can only deal with the cost issue, and the cost was justified according to the rules.
Key Facts
- •Appeal under the Freedom of Information Act 2000 (FOIA) against an Information Commissioner's decision notice.
- •Appellant requested information from the Crown Prosecution Service (CPS) regarding US extradition assurances.
- •Commissioner decided CPS could refuse under section 12(2) FOIA (excessive cost of ascertaining information).
- •Appellant argues CPS's poor record-keeping, stemming from a failure to meet legal disclosure obligations, renders the section 12(2) FOIA refusal irrational.
- •Appellant seeks Tribunal intervention to compel disclosure, not to challenge cost estimates themselves.
Legal Principles
Tribunal can allow FOIA appeals if the decision notice is unlawful or the Commissioner's discretion was wrongly exercised.
Section 58 FOIA
Section 12 FOIA doesn't require public authorities to maintain records for easy information retrieval; cost assessment is based on existing practices, not ideal ones.
Commissioner of Police for the Metropolis v Information Commissioner and Mackenzie [2014] UKUT 479 (AAC)
Defective record-keeping, even due to legal obligation breaches, doesn't negate section 12 FOIA cost assessments; separate mechanisms address record-keeping (section 46 code, section 48 recommendations).
Cruelty Free International v Information Commissioner [2017] UKUT 0318 (AAC)
The Tribunal lacks jurisdiction to address disputes over whether a public body fulfilled separate legal disclosure obligations.
Case Law established in Cruelty Free International and Commissioner of Police cases
Outcomes
Proceedings struck out.
Tribunal lacks jurisdiction to address the appellant's claims regarding the CPS's alleged failure to meet its legal disclosure obligations and the alleged irrationality of using section 12 FOIA in these circumstances.