Alistair Allison v The Information Commissioner
[2024] UKFTT 919 (GRC)
T v The Information Commissioner
12 March 2024
[2024] UKFTT 189 (GRC)
First-tier Tribunal
A parent repeatedly requested information from a school. The school and the Information Commissioner said the requests were too many and annoying (vexatious). A judge decided the parent's most recent request wasn't too much, as the school should have already had the information ready, and the school hadn't tried to help the parent reduce their request. The school has to now provide the information.
Key Facts
- •T requested information from Merevalley Federation (MVF) regarding governing board meetings from 2020-2023.
- •MVF refused the request citing section 14(1) Freedom of Information Act 2000 (FOIA) – vexatious request.
- •The Information Commissioner (Commissioner) upheld MVF's refusal.
- •T appealed to the First-tier Tribunal (General Regulatory Chamber).
- •T and their family were granted anonymity.
- •A significant history of prior complaints and requests for information existed between T and MVF.
- •MVF offered T the opportunity to inspect the requested information under the School Governance (Roles, Procedures and Allowances) (England) Regulations 2013.
- •T refused this offer, citing a breakdown in trust and concerns about the practicality of the arrangement.
Legal Principles
Section 14(1) FOIA allows a public authority to refuse a vexatious request for information.
Freedom of Information Act 2000
The definition of 'vexatious' is not explicitly defined in FOIA, but case law provides guidance.
Dransfield v Information Commissioner & Devon County Council
The Dransfield test considers burden on the public authority, requester's motive, value/serious purpose of the request, and harassment/distress caused.
Dransfield v Information Commissioner & Devon County Council
The Tribunal's role is to determine if the Commissioner's decision was in accordance with the law or if discretion was exercised improperly.
Section 58 FOIA
School Governance (Roles, Procedures and Allowances) (England) Regulations 2013 provide for access to school governor meeting minutes, subject to confidentiality provisions.
School Governance (Roles, Procedures and Allowances) (England) Regulations 2013
Outcomes
The appeal is allowed.
The Tribunal found that MVF did not meet the high threshold for establishing a vexatious request under section 14(1) FOIA, despite acknowledging some elements of the test were present.
Merevalley Federation must respond to T's request for information without relying on section 14(1) FOIA.
The Commissioner's decision notice was deemed not in accordance with the law.