S vs The Information Commissioner and The Mid and East Antrim Borough Council

This case involved an appeal by S against the Information Commissioner's decision to uphold the Mid and East Antrim Borough Council's refusal to provide information under the FOIA, citing the request as vexatious.

TLDR:

• S appealed against the Information Commissioner's decision.
• The request for information was deemed vexatious by the Council.
• The Tribunal upheld the decision, dismissing the appeal.

The appellant, S, requested information from the Mid and East Antrim Borough Council regarding internal communications about bonfires. The Council refused the request under section 14(1) of the FOIA, deeming it vexatious. S appealed to the Information Commissioner, who upheld the Council's decision.

S then appealed to the First-tier Tribunal, arguing that the Information Commissioner had erred in assessing the request as vexatious. S contended that the request was in the public interest, given the serious nature of the issues surrounding bonfires and related safety concerns.

The Tribunal considered the history and context of the correspondence between S and the Council. It noted that S had submitted multiple requests and complaints over a prolonged period, which the Council argued created a significant burden and disruption.

The Tribunal examined the Commissioner's decision notice and agreed that the request was vexatious. It found that S's conduct had become disproportionate and was not serving a genuine public interest but rather a personal campaign against the Council.

The Tribunal acknowledged the public interest in the issues raised by S but concluded that the manner and frequency of the requests were unreasonable and burdensome. It emphasized that FOIA should not be used to pursue personal grievances.

Ultimately, the Tribunal dismissed the appeal, upholding the Information Commissioner's decision that the Council was entitled to refuse the request under section 14(1) of the FOIA.

Legal representatives: S as a Litigant in person, Nicholas Martin for the Information Commissioner, and closed submissions from the Mid and East Antrim Borough Council.

Judicial Panel: Brian Kennedy KC, Paul Taylor, and David Cook

Case Citation Reference: [2024] UKFTT 488 (GRC)