Sue Bramall v The Information Commissioner
[2024] UKFTT 628 (GRC)
Thomas Carroll MBE v Information Commissioner
17 September 2024
[2024] UKFTT 833 (GRC)
First-tier Tribunal
Someone requested information about where asylum seekers were housed and about a company's profits from government contracts. The government said it didn't have to reveal the location to protect asylum seekers, and it didn't have the detailed financial information requested about the company. The court agreed with the government's decision.
Key Facts
- •Thomas Carroll appealed an Information Commissioner's decision upholding the Home Office's refusal of a Freedom of Information request.
- •The request had two parts: one concerning the location of asylum seekers in a hotel (questions 1-8d), and another concerning the finances of the Home Office's contractor, Clearsprings Ready Homes Ltd (question 8e).
- •The Home Office claimed exemption under FOIA Section 38(2) for part one, citing risks to asylum seekers' safety.
- •The Information Commissioner agreed with the Home Office's claim of exemption for part one, balancing public interest in transparency and the protection of asylum seekers.
- •Regarding part two, the Home Office stated they did not hold the requested financial information on Clearsprings Ready Homes Ltd, which the Commissioner accepted.
- •The appeal focused solely on the second part of the request (question 8e) concerning the contractor's finances.
Legal Principles
Freedom of Information Act 2000 (FOIA) Section 38(1) and (2): Exemption from disclosing information that would endanger the physical or mental health or safety of any individual. This is a qualified exemption, subject to a public interest test.
FOIA
FOIA does not require the creation of new information to answer a request, nor does it extend to what information a public authority should be collecting or how they should use their tools. It is concerned with the disclosure of information they do hold.
Johnson/MoJ (EA2006/0085)
Section 58 of FOIA outlines the Tribunal's role in appeals: Allowing an appeal if the notice is unlawful or the Commissioner's discretion was wrongly exercised; otherwise, dismissing the appeal. The Tribunal may review findings of fact.
FOIA Section 58
Outcomes
Appeal dismissed.
The Tribunal found the Information Commissioner's decision was in accordance with the law. The Appellant failed to demonstrate that the Home Office held the requested financial analysis of Clearsprings Ready Homes Ltd, despite the availability of some information in the public domain (Companies House). The Appellant's arguments focused on the Home Office's procurement practices rather than the issue of whether the information was held.