FT/EA/2025/0126 - [2025] UKFTT 01344 (GRC)

IC’s Response to the Appeal

The IC filed a response to the appeal dated 24 April 2025. He maintained his finding that the request was vexatious and that the Council was entitled to rely on Section 14 of FOIA and Regulation 12(4)(b) of the EIR to refuse to respond.

In relation to the FOIA aspect of the appeal, the IC submitted that in all the circumstances of the case the request was vexatious following the case of Dransfield v Information Commissioner & Devon County Council [2015] EWCA Civ 454.

In relation to the EIR aspect of the appeal, the IC submitted that in all the circumstances of the case the request was manifestly unreasonable following Dransfield and Craven v Information Commissioner & DECC. In Craven, the UT held that for all intents and purposes the term “manifestly unreasonable” under Regulation 12(4)(b) has the same meaning as “vexatious” under section 14(1) FOIA.

Having considered the public interest in disclosure of the requested information at paragraph 36 of the Decision Notice, the IC concluded that public interest in the maintenance of the exception provided by Regulation 12(4)(b) outweighs the public interest in disclosure of the withheld information.