Key Facts
- •John and Tony Rubino appealed a decision by the Information Commissioner (IC) that Hertford Heath Parish Council (the Council) had disclosed all information requested under the Environmental Information Regulations 2004 (EIR).
- •The request sought information relating to the Council's neighbourhood plan, specifically instructions given to consultants AECOM.
- •The IC found the Council had conducted adequate searches, despite a previous decision requiring a fresh response.
- •The appellants argued the Council hadn't adequately searched information potentially held by AECOM, Govresources Ltd, Bob Frost, Paul Wolstencroft, and Locality.
- •The Tribunal found the Council's searches inadequate, as they had not contacted AECOM or other parties likely to hold relevant information.
Legal Principles
A public authority must conduct an appropriate and reasonable search for information, including searching where it is reasonable to expect the information to be found.
Section 58 FOIA, case law reasoning
Where work is carried out on behalf of a public authority by consultants or other parties, it is reasonable to expect those parties may hold relevant information.
Case law reasoning
The question of whether information was held at the time of the request is determined on the balance of probabilities.
Case law reasoning
The Tribunal may receive evidence not before the Commissioner and make different findings of fact.
Section 58 FOIA
Outcomes
The appeal is allowed.
The Tribunal found the Council's searches for information inadequate, as they hadn't contacted AECOM and other potentially relevant parties. The IC's decision was not in accordance with the law.
Substituted Decision Notice for IC-185572-H0G9
The public authority (Hertford Heath Parish Council) must undertake a further search for the requested information, including contacting AECOM, Bob Frost, Paul Wolstencroft, Locality, and Govresources Ltd.