Mark Watts v The Information Commissioner & Anor
[2024] UKFTT 647 (GRC)
Scolt Head and District Common Rightsholders Association v Information Commissioner & Anor
15 December 2023
[2023] UKFTT 1037 (GRC)
First-tier Tribunal
A group claimed a charity was misusing common land. They requested information from the Charity Commission about its investigation, but the Commission refused, citing confidentiality. The Information Commissioner agreed. A court upheld this, saying protecting the Commission's investigation is more important than releasing the information, and the dispute was about land ownership, not something the Commission could solve.
Key Facts
- •Long-standing dispute between the Scole Head and District Common Rightholders Association (SHDCRA) and the Burnham Overy Harbour Trust (a registered charity).
- •SHDCRA alleges unlawful activities by the Trust, including charging for use of common land and carrying out works without consent.
- •SHDCRA requested information from the Charity Commission (CC) regarding its investigation into the Trust.
- •CC refused the request, relying on exemptions under the Freedom of Information Act 2000 (FOIA).
- •ICO upheld the CC's decision.
- •SHDCRA appealed to the First-tier Tribunal (FTT).
Legal Principles
Freedom of Information Act 2000 (FOIA) exemptions relating to law enforcement and protection of charities.
FOIA s31
The Charity Commission's functions under the Charities Act 2011.
Charities Act 2011 s15(1)
The Charity Commission's lack of jurisdiction to resolve land disputes.
Charities Act 2011 s70
Public interest test in balancing transparency with the effective functioning of regulatory bodies.
FOIA
Outcomes
Appeal dismissed.
The FTT found that the ICO's decision was correct in law. Disclosure of the requested information would likely prejudice the effective functioning of the Charity Commission and was not in the public interest. The underlying dispute was a property dispute outside the jurisdiction of the FTT, ICO, and Charity Commission.
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