Someone asked the council for information about who investigated their anti-social behaviour complaint. The council and the Information Commissioner said they didn't have any more information. A judge agreed and threw out the appeal because there wasn't enough evidence to prove they were wrong.
Key Facts
- •Prakash Puchooa appealed a decision notice (DN) from the Information Commissioner (IC) concerning a Freedom of Information Act 2000 (FOIA) request to London Borough of Newham.
- •The request sought information about officers investigating anti-social behaviour (ASB) complaints.
- •The Council initially responded, stating no further information was held. They later amended their position regarding one aspect of the request.
- •The IC investigated and concluded, on the balance of probabilities, that the Council held no further relevant information.
- •Puchooa appealed the IC's decision to the First-tier Tribunal (FTT).
Legal Principles
Appeals under section 57 of the FOIA.
Freedom of Information Act 2000
The civil standard of proof (balance of probabilities) applies in FOIA appeals.
Linda Bromley v the Information Commissioner and the Environment Agency (EA/2006/0072; 31 August 2007)
Section 40(1) of FOIA relates to exemptions concerning personal data.
Freedom of Information Act 2000
Outcomes
The appeal was struck out.
The Tribunal found the Commissioner's investigation thorough and that the appellant had not provided sufficient evidence to overturn the decision. The appeal had no prospect of success.