Tribunal decision on FOIA appeal involving local government association

Background and Context

The First-tier Tribunal (General Regulatory Chamber) recently delivered its decision in the case of Julian Saunders vs The Information Commissioner & The Local Government Association, partially allowing an appeal concerning a Freedom of Information Act 2000 (FOIA) request. The case was heard on 11 March 2025, with the decision given on 14 March 2025.

The Appeal

Julian Saunders, the appellant, challenged the decision notice issued by the Information Commissioner (IC) dated 22 April 2024, which related to a request for information made to the Local Government Association (LGA) on 21 June 2023. The request concerned the involvement of the LGA in securing positions at Sandwell Metropolitan Borough Council (SMBC).

Tribunal's Role and Decision

The Tribunal, comprising Tribunal Judge Heald and members Dr. Gasston and Dr. Mann, examined whether the IC's decision notice was in accordance with the law. The Tribunal's role was to determine if the LGA had appropriately withheld information under sections 40(2) and 41(1) FOIA and whether all relevant material had been identified.

Findings on Information Held

The Tribunal found that the LGA had conducted thorough searches for the requested information using various platforms and search terms. The Tribunal concluded that, on the balance of probabilities, the LGA did not hold further information beyond what was disclosed, dismissing this part of the appeal.

Section 40(2) FOIA and Personal Data

The Tribunal considered the application of section 40(2) FOIA, which concerns the protection of personal data. The LGA had redacted names, email addresses, and phone numbers, citing privacy concerns. The Tribunal agreed that while Mr. Saunders pursued a legitimate interest, the disclosure of certain personal data was not necessary.

Redactions and Disclosure

During a closed hearing, the LGA agreed to disclose certain names and details previously redacted in error. The Tribunal ordered the disclosure of names of individuals at a certain grade level, noting that more junior staff had a reasonable expectation of privacy.

Conclusion

The Tribunal's decision partly allowed Mr. Saunders' appeal, requiring the LGA to disclose additional information within 35 days. The decision underscores the careful balance between transparency and privacy under FOIA.

Learn More

For more information on data protection, see BeCivil's guide to English Data Protection Law.

Copyright & permissions