Peter Webb vs The Information Commissioner

This case concerned an appeal by Peter Webb against the Information Commissioner’s decision to uphold Lydd Town Council's refusal to comply with an FOIA request on the grounds of it being vexatious.

TLDR:

• Peter Webb appealed against the Information Commissioner’s decision.
• The appeal was based on the refusal of an FOIA request deemed vexatious.
• The First-Tier Tribunal dismissed the appeal, supporting the Information Commissioner’s decision.

The appellant, Peter Webb, had submitted multiple FOIA requests to Lydd Town Council regarding the expenditure on a local park project. The Council refused to comply with the requests, citing section 14(1) of the FOIA, which allows refusal of vexatious requests.

Webb's requests were aimed at ensuring transparency and accountability in the Council's use of public funds. However, the Council argued that the requests were vexatious, causing undue distress and disruption.

The Information Commissioner upheld the Council's decision, noting the significant burden the requests placed on the Council's limited resources. The Commissioner also referenced previous decision notices and tribunal rulings that supported the Council's stance.

Webb appealed, arguing that his requests were in the public interest and not vexatious. He contended that the Council's refusal to respond was a breach of the FOIA.

The First-Tier Tribunal reviewed the case, including the history of Webb's requests and the Council's responses. The Tribunal found that the requests were indeed vexatious, as they imposed a disproportionate burden on the Council.

The Tribunal also considered the motive and value of the requests, concluding that while Webb's intent might be reasonable, the cumulative effect of his requests was unjustified.

Ultimately, the Tribunal dismissed Webb's appeal, supporting the Information Commissioner's decision and the Council's right to refuse the requests under section 14(1) of the FOIA.

Legal representatives: Peter Webb (Appellant), The Information Commissioner (Respondent)

Judicial Panel: Brian Kennedy, Rosalind Tatam, Kate Grimley Evans

Case Citation Reference: [2024] UKFTT 471 (GRC)