Sid Ryan v The Information Commissioner & Anor
[2023] UKFTT 113 (GRC)
Sheila Margaret Robinson Cunliffe v Information Commissioner
17 October 2024
[2024] UKFTT 879 (GRC)
First-tier Tribunal
Someone asked four NHS hospitals for job application data. The hospitals refused, claiming it was too expensive. A judge ruled the hospitals were wrong; their reasons weren't good enough, and they have to give the data.
Key Facts
- •Appeal against the Information Commissioner's decision upholding four NHS Trusts' refusal to provide information on job applicant data due to cost.
- •Appellant's request sought applicant numbers, shortlists, and offers by ethnicity for various roles (2021-2022).
- •Trusts cited section 12 of the Freedom of Information Act 2000 (FOIA) - cost exceeding the appropriate limit (£450).
- •Trusts claimed extensive manual work was needed due to alleged inaccuracies and limitations of their applicant tracking system (TRAC).
- •Appellant argued the data was readily available via TRAC and presented evidence from other trusts providing similar data.
Legal Principles
Section 12(1) FOIA: Public authorities are not obliged to comply with information requests if the estimated cost exceeds the appropriate limit (£450 for other public authorities).
Freedom of Information Act 2000
Cost estimations must be reasonable and reasoned, based on the authority's actual information systems, not an ideal system.
Commissioner of Police for the Metropolis v Information Commissioner and Mackenzie [2014] UKUT 0479 (AAC)
Tribunal conducts a full merits review of the Commissioner's decision, giving appropriate weight to their views and findings.
Information Commissioner v Malnick and the Advisory Committee on Business Appointments [2018] UKUT 72 (AAC)
Outcomes
Appeal allowed.
The Tribunal found the Trusts' cost estimations unreasonable and unsupported by evidence. The Appellant's evidence, showing other trusts provided similar data, and lack of evidence from the Trusts or Commissioner countered the cost claim.
Respondent (Information Commissioner) shall provide a copy of the decision to the four NHS Trusts.
To ensure the Trusts are aware of the Tribunal's decision and their obligations.
Substituted Decision Notice: Trusts must respond to the appellant's Part One requests within 35 days, without relying on section 12 of FOIA.
The Tribunal found that the section 12 exemption did not apply; the Trusts should comply with the information request.