FT/EA/2024/0471 - [2025] UKFTT 01281 (GRC)

This appeal is against a decision of the Information Commissioner (the “Commissioner”) dated 8 November 2024 (IC-319660-J8T1, the “Decision Notice”). The appeal relates to the application of the Freedom of Information Act 2000 (“FOIA”). It concerns information about the legal costs of a First-Tier Tribunal hearing requested from the Folkestone School for Girls (the “School”).

The parties opted for paper determination of the appeal. The Tribunal is satisfied that it can properly determine the issues without a hearing within rule 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (as amended).

On 1 July 2024, the Appellant wrote to the School and requested the following information (the “Request”):

“Please provide the following details regarding the school’s expenditure related to the recent case brought to the First-tier Tribunal (Special Educational Needs and Disability) in which the school was found to have breached the Equality Act 2010:

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The total amount spent on all costs associated with this claim, specifically with Freeths LLP for the 2022/23 and 2023/24 academic years. This includes, but is not limited to, legal fee, administrative costs, and any other related expenses.

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The total amount spent on all other costs associated with this claim, including but not limited to expenditures on other law firms and any other related expenses for the 2022/23 and 2023/24 academic years.

For clarity I am seeking the total expenditure figures for both academic years, specifically identifying the expenditures with Freeths LLP and other law firms separately.”

The School responded on 3 July 2024 and refused the request as vexatious under section 14 FOIA. They described the reason as “the motive of this request, the value of this information being shared and the disproportionate level of distress caused”. This position was upheld on internal review on 5 July 2024, in an email which said, “The ICO provided clear guidance on which sections / exemptions we could refuse this FOI request under, with Section 14 being the most appropriate…We do not feel further information is required at this stage”.

The Appellant complained to the Commissioner on 5 July 2024. The Commissioner decided that the School was entitled to refuse the request under section 14, after taking into account the background history to the Request and information from the School about the number of requests, complaints and allegations from the Appellant. The Commissioner concluded, “The complainant’s continuing behaviour is now placing an unjustifiable burden on the School and is causing disruption, irritation and distress. It is not an appropriate or justifiable use of FOIA.”