Public authorities must uphold FOI rules

In the recent case of Philip Gatrell v The Information Commissioner, a critical ruling was delivered by the First-tier Tribunal of the General Regulatory Chamber. The tribunal concluded that Bournemouth, Christchurch and Poole Council failed to properly fulfil its obligations under the Freedom of Information Act (FOIA) by not disclosing all relevant information within the required timeframe. This ruling, made on 28 April 2025, allowed Gatrell's appeal against an earlier decision by the Information Commissioner, addressing significant issues in public authorities’ information handling practices.

The background of the case began on 4 September 2023 when Philip Gatrell submitted a FOIA request to the Council, seeking information related to various public inspection requests and their subsequent responses covering the financial years ending 31 March 2022 and 2023. Gatrell was particularly interested in statistical data concerning the Council’s accounting records. However, the response received from the Council on 2 October 2023 was considered incomplete by Gatrell, prompting him to seek further clarification.

Gatrell's dissatisfaction led him to request an internal review, which took place on 20 December 2023. The internal review concluded the Council held no additional information beyond what had already been provided. Unhappy with this outcome, Gatrell pursued the matter further by lodging a formal complaint with the Information Commissioner, seeking intervention in the disclosure issues he encountered.

During the tribunal hearing, which was conducted via a cloud video platform, it became evident that the Commissioner had identified inconsistencies in the Council's communications regarding the requested information. Gatrell contended that the Council had not only failed to adhere to the statutory timeframe but had also withheld critical information, despite having previously disclosed similar data in response to other requests.

After examining the presented evidence carefully, the tribunal concluded that the Council breached Section 10(1) of the FOIA by failing to provide Gatrell with the requested information promptly and in accordance with statutory obligations. The tribunal deemed the Commissioner's initial assessment flawed, noting a lack of thorough scrutiny concerning the Council's information search processes.

The tribunal ultimately ruled in favour of Gatrell, replacing the original Decision Notice with findings that confirmed the breach of the FOIA. This ruling emphasised the essential principle that public authorities must be held accountable for their information handling practices, thereby protecting individuals' rights to access information held by public bodies.

The outcome of this case underscores the critical need for transparency in local government operations and highlights the stringent obligations imposed by the FOIA. It serves as a crucial reminder to public authorities about the need for responsible record-keeping and diligent information management, ensuring public access to information is maintained efficiently and effectively

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