Sheila Margaret Robinson Cunliffe v Information Commissioner
[2024] UKFTT 879 (GRC)
Sid Ryan v The Information Commissioner & Anor
2 February 2023
[2023] UKFTT 113 (GRC)
First-tier Tribunal
Someone asked NHS England for lots of information about their Covid contracts. NHS England said it would cost too much to find it all. A judge agreed with NHS England because the request was very broad and their computer systems couldn't easily handle such a large search. The judge also said NHS England gave enough help to the person who made the request.
Key Facts
- •Sid Ryan (Appellant) requested information from NHS England (Respondent) regarding contracts with private healthcare providers during the Covid-19 pandemic.
- •The request sought records of meetings and correspondence between NHS England and the Independent Healthcare Providers Network (IHPN).
- •NHS England refused the request under section 12 of the Freedom of Information Act 2000 (FOIA), citing excessive cost.
- •The Information Commissioner upheld NHS England's decision.
- •Ryan appealed to the First-tier Tribunal (FTT).
- •Ryan argued that NHS England took an overly broad interpretation of the request, used overly onerous search methods, and failed to provide adequate advice and assistance under section 16 FOIA.
- •NHS England argued that the request was overly broad, their search methods were reasonable given their IT infrastructure, and they had complied with section 16.
Legal Principles
A public authority is not obliged to comply with a FOIA request if the estimated costs exceed the appropriate limit (£450).
Freedom of Information Act 2000, section 12(1)
In estimating costs, a public authority must only consider costs reasonably expected in determining, locating, retrieving, and extracting information.
Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, regulation 3
A public authority has a duty to provide reasonable advice and assistance to a requester.
Freedom of Information Act 2000, section 16(1)
Compliance with the Code of Practice under section 45 is deemed compliance with section 16(1).
Freedom of Information Act 2000, section 16(2)
The estimate of costs must be sensible, realistic, and supported by cogent evidence.
McInnery v IC and Department for Education [2015] UKUT 0047 (AAT)
Outcomes
The appeal was dismissed.
The FTT found that NHS England's cost estimate was reasonable, and that they had complied with their duty under section 16 to provide advice and assistance.