Mark Jopling Obo Udney Park Playing Fields Trust Limited v The Information Commissioner & Anor
[2024] UKFTT 163 (GRC)
Thomas John Brooks v The Information Commissioner
13 November 2023
[2023] UKFTT 964 (GRC)
First-tier Tribunal
Someone asked Gwynedd Council for information about a building project. The council refused, saying it could hurt a legal case. A judge decided the council was just being slow, and ordered them to give up the information.
Key Facts
- •Thomas John Brooks (Appellant) requested information from Gwynedd Council (Council) regarding a planning application and related matters.
- •The Council initially responded under the Freedom of Information Act 2000 (FOIA) but later stated the Environmental Information Regulations 2004 (EIRs) applied.
- •The Council withheld information citing Regulation 12(5)(b) of the EIRs (course of justice).
- •The Information Commissioner (Commissioner) upheld the Council's refusal.
- •Brooks appealed to the First-tier Tribunal (General Regulatory Chamber).
Legal Principles
General right of access to environmental information held by public authorities, subject to exceptions.
Environmental Information Regulations 2004
Broad interpretation of 'environmental information'.
EIRs and case law (Glawischnig v Bundesminister and Department for Business, Energy and Industrial Strategy v Henney)
Public authorities may refuse disclosure if it would adversely affect the course of justice, and the public interest in maintaining the exception outweighs disclosure.
EIRs Regulation 12(5)(b)
Tribunal's role is to determine if a decision notice is in accordance with the law or if the Commissioner's discretion should have been exercised differently.
Freedom of Information Act 2000, section 58
Outcomes
Appeal Allowed
The Tribunal found that Regulation 12(5)(b) of the EIRs was not engaged because there was insufficient evidence that disclosure would adversely affect the course of justice. The Council's actions were deemed dilatory, and the potential harm from non-disclosure (flooding risk) was significant.
Substituted Decision Notice issued
Gwynedd Council must disclose the requested information, subject to redactions of personal data.