David Callister v Information Commissioner & Anor
[2024] UKFTT 94 (GRC)
Suzanne Sullivan v Information Commissioner & Anor
19 April 2024
[2024] UKFTT 318 (GRC)
First-tier Tribunal
Someone asked Islington Council for information about a bin shed lease. The Council said no, but a judge said they hadn't looked hard enough. The judge ordered the council to search properly and release any relevant information they find.
Key Facts
- •Suzanne Sullivan requested information from Islington Council regarding a bin shed leased to a private business.
- •The Council initially responded under the Freedom of Information Act 2000 (FOIA), withholding information.
- •The Information Commissioner upheld the Council's reliance on FOIA.
- •Sullivan appealed, arguing that the Council hadn't provided all relevant information and that the Environmental Information Regulations 2004 (EIR) applied.
- •The Tribunal found that EIR, not FOIA, was the correct legal framework.
- •The Tribunal determined that the Council likely held further information within the scope of Sullivan's request.
Legal Principles
Environmental Information Regulations 2004 (EIR) apply to requests for environmental information, which is broadly defined.
Environmental Information Regulations 2004, Regulation 2(1)
Public authorities must disclose environmental information unless a valid exception applies; a presumption in favor of disclosure exists.
Environmental Information Regulations 2004, Regulation 5(1), 12(1), 12(2)
The standard of proof for determining whether a public authority holds further information is the balance of probabilities.
Bromley v the Information Commissioner and the Environment Agency (EA/2006/0072)
In determining whether information is held, factors such as the quality of the initial analysis, the scope of the search, and the search's rigour are considered.
Bromley v the Information Commissioner and the Environment Agency (EA/2006/0072)
Outcomes
The appeal was allowed.
The Tribunal found that the Council had not conducted a sufficiently thorough search for information and likely held further information relevant to Sullivan's request under EIR.
Substituted Decision Notice issued.
The Council must conduct a further search for all information within the scope of Sullivan's request, provide a fresh response, and disclose all further information unless a valid exception applies.