Key Facts
- •Terence Letheby (Appellant) appealed two Information Commissioner's Decision Notices concerning information requests to Elmbridge Borough Council (Council).
- •The requests concerned information about throwing cages at the Excel Centre and the Elmbridge Xcel Sports Hub.
- •The Information Commissioner (Commissioner) concluded the Council had provided all relevant information.
- •The Tribunal found the Commissioner's searches were inadequate and erred in concluding no further information was held.
Legal Principles
Right of access to information held by public authorities (subject to exemptions).
Freedom of Information Act 2000 (FOIA), section 1(1)
Information is held by a public authority if held by the authority or another person on its behalf.
FOIA, section 3(2)
Duty of public authority to provide advice and assistance to those making information requests.
FOIA, section 16
Legal test for whether information is held is the 'balance of probabilities'.
Case Law (not specified in detail per Practice Direction)
Outcomes
Appeals allowed.
The Commissioner's Decision Notices were found to be erroneous due to inadequate searches by the Council and insufficient consideration of information held on behalf of the Council. The Commissioner failed to adequately explore the extent of information held and failed to consider the Council's duty to provide advice and assistance under section 16 of the FOIA.
Substituted Decision Notice issued.
The Council must provide fresh responses to the information requests, clarifying whether information is held and specifying search details.