FT/EA/2024/0427 - [2025] UKFTT 01126 (GRC)

It was not disputed that, given that organised crime gangs are heavily involved in small boat crossings by migrants, such crossings are a law enforcement issue as well as an immigration issue;

The undermining of joint French and UK attempts to prevent illegal crossings to the UK were clearly matters which related to the prevention or detection of crime, the apprehension or prosecution of offenders and the operation of immigration controls;

The Commissioner was satisfied that disclosure of the tactical training materials used by Border Force to prevent illegal crossings would provide insights of value to criminal groups seeking to evade or undermine such tactics;

The Commissioner was satisfied that the prejudice asserted by the Home Office ‘would’ occur if the requested information were to be disclosed. He reached this conclusion based on previous credible evidence that illegal migrant crossings to the UK are run by sophisticated organised crime groups who will analyse the market to maximise success of their enterprise. As such, the withheld information would undoubtedly be of assistance, when pieced together with other information, to the planning of future, illegal crossings;

The Commissioner was therefore satisfied that sections 31(1)(a) and 31(1)(e) of FOIA were engaged. In balancing the public interest, the Commissioner recognised that there was a level of interest in migrant crossings, and acknowledged the Appellant’s assertion that there was a public interest in disclosure of the requested material now that Operation Sommen had been abandoned. However, he also noted that the turnaround tactics may be adopted again in the future and that, even if they were not, some of the training principles and approaches may be utilised in future operations and tactics. He also noted that the release of the training material, even if not used in the same format going forward, could provide valuable insights into the approaches used to police the UK’s borders;

The Commissioner had regard to the “very strong public interest in ensuring that the disclosure of information does not materially impede the prevention or detection of crime, the apprehension or prosecution of offenders or the operation of the immigration controls”;

On balance, the Commissioner concluded that the disclosure of information that has the potential to aid the strategies of organised crime groups is not in the public interest, and he therefore found that the public interest favoured maintaining both exemptions;

The Commissioner also took into account (although was not bound by) a previously issued Decision Notice (IC-152077-K0T2) which was appealed to the First-tier Tribunal (FT/EA/2022/0355), in which it was found that the Home Office was entitled to rely on sections 31(1)(a) and 31(1)(e) of FOIA in relation to a request for the same information.