Tribunal dismisses appeal in FOIA dispute

Background

The First-tier Tribunal (General Regulatory Chamber) recently delivered its decision in the case of Thomas Deacon vs the Information Commissioner and the Ministry of Justice. The case revolved around a Freedom of Information Act 2000 (FOIA) request submitted by Thomas Deacon, which sought access to various documents related to an Employment Tribunal judgment.

The FOIA Request

On 7 May 2023, Deacon requested information from the Ministry of Justice (MoJ) via the 'whatdotheyknow' website. His request included a copy of the judgment 3314483/2019, documents explaining its absence from the Employment Tribunal register, and other related documents. The MoJ initially responded on 5 June 2023, but Deacon was dissatisfied and escalated the matter to the Information Commissioner.

Commissioner's Decision

The Information Commissioner issued a Decision Notice on 25 October 2023, concluding that the disputed information was not held by the MoJ for FOIA purposes. The Commissioner found that the MoJ was entitled to rely on section 3(2)(a) of FOIA, which states that information is not held by a public authority if it is held by another person on behalf of the authority.

The Appeal

Deacon appealed the Decision Notice, arguing that the Employment Tribunal Service (ETS) should be considered a public authority under FOIA, and that the MoJ should have access to the requested information. He also questioned whether Employment Tribunal judgments were subject to FOIA.

Tribunal's Findings

The Tribunal, consisting of Judge Stephen Roper and members Dan Palmer-Dunk and Stephen Shaw, dismissed the appeal. They agreed with the Commissioner that the MoJ did not hold the disputed information for FOIA purposes. The Tribunal noted that courts and tribunals, including the ETS, are not listed as public authorities under FOIA and are therefore not subject to its provisions.

Legal Framework

The Tribunal reviewed the relevant statutory framework, including sections 1, 2, 3, and 32 of FOIA. They concluded that the MoJ's response was lawful, as the information was held by the Employment Tribunal for its purposes, not by the MoJ. The Tribunal also found that any documents related to the Employment Tribunal's proceedings would be exempt under section 32(1) of FOIA, which provides absolute exemptions for court records.

Conclusion

The Tribunal's decision underscores the independent role of courts and tribunals in relation to FOIA requests. It highlights the limitations of FOIA in accessing documents held by judicial bodies and reinforces the absolute exemption for court records under section 32(1).

Learn More

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

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