[2025] UKFTT 01129 (GRC)

The Commissioner’s decision, as set out above, was limited to a finding that the School had to confirm or deny whether it held the requested information because it was not entitled to rely on section 40(5B).

The extent to which the School challenges that decision is not clear from the Grounds of Appeal. In the grounds of appeal, in which the School provided consent for a copy of the Grounds to be sent to the requestor, the School confirmed the number of complaints against the headteacher that were escalated to the School’s governing body. However, the grounds of appeal did not say how many of those complaints were upheld.

When read in the light of the School’s submissions during the Commissioner’s investigation, it appears that the Commissioner’s decision is challenged on the grounds that the Commissioner failed to take proper account of a campaign of harassment targeting the headteacher. The School asserts that the requestor is part of this campaign.

The Grounds of Appeal also appear to suggest that the School takes the view that it would be entitled to refuse to comply with section 1(1) FOIA on the basis that the request was vexatious, although the School does not mention or rely on section 14 FOIA (vexatious requests) in this appeal.