Stephen Masterman v The Information Commissioner
[2024] UKFTT 289 (GRC)
Val Blake v The Information Commissioner
31 July 2023
[2022] UKFTT 514 (GRC)
First-tier Tribunal
Someone wanted a list of empty houses to find one to fix up. The council and the Information Commissioner said no because giving out that info could help criminals. A judge agreed, saying preventing crime was more important than helping one person find housing.
Key Facts
- •Val Blake requested information from London Borough of Hounslow about eight properties' ownership and occupancy status to find an empty property.
- •The Council refused citing FOIA section 31 (law enforcement) and section 40 (personal data).
- •The Information Commissioner (IC) upheld the refusal, relying on section 31(1)(a).
- •Blake appealed to the First-tier Tribunal (FTT).
Legal Principles
Freedom of Information Act 2000 (FOIA) - Section 1(1): Right to information.
FOIA Section 1(1)
FOIA - Section 2(2): Public interest test - exemption outweighs disclosure.
FOIA Section 2(2)
FOIA - Section 31(1)(a): Exemption for information prejudicing crime prevention.
FOIA Section 31(1)(a)
Hogan test: Three steps for assessing prejudice under section 31(1)(a).
Hogan and Oxford City Council v the Information Commissioner
Public interest must be assessed at the time of the initial decision and is specific to the exemption.
Montague v Information Commissioner
FOIA disclosure is to the public, not just the applicant.
Hogan
Tribunal's powers under FOIA Section 58: Review of the lawfulness of the decision, not the decision-making process.
FOIA Section 58
Outcomes
Appeal dismissed.
The FTT found that section 31(1)(a) was engaged; disclosure would likely prejudice crime prevention. The public interest in preventing crime outweighed the limited public interest in transparency and bringing empty properties back into use.