First-tier Tribunal (General Regulatory Chamber)

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

Fecha: 24-Sep-2025

Legal Framework

Legal Framework

33.

The general right of access to information held by public authorities is contained within section 1 of FOIA as follows:

s.1 General right of access to information held by public authorities

(1)

Any person making a request for information to a public authority is entitled –

(a)

to be informed in writing by the public authority whether it holds information of the description specified in the request, and

(b)

if that is the case, to have that information communicated to him.

….

34.

Those rights are subject to certain exemptions, set out in Part II FOIA. The effect of the exemptions is contained within section 2 of FOIA as follows:

s.2 Effect of the exemptions in Part II

(1)

…

(2)

In respect of any information which is exempt information by virtue of any provision of Part II, section 1(1)(b) does not apply if or to the extent that –

(a)

the information is exempt information by virtue of a provision conferring absolute exemption, or

(b)

in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

….

35.

The relevant provisions of section 31 of FOIA are as follows:

s.31 Law enforcement

(1)

Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice –

(a)

the prevention or detection of crime,

…..

(e)

the operation of the immigration controls,

36.

Section 31 of FOIA is a qualified exemption and therefore the public interest balancing test under FOIA will apply.

37.

The relevant provision of section 42 of FOIA is as follows:

s.42 Legal professional privilege

(1)

Information in respect of which a claim to legal professional privilege or, in Scotland, to confidentiality of communications could be maintained in legal proceedings is exempt information.

38.

Section 42 of FOIA is also a qualified exemption and therefore the public interest balancing test under FOIA will apply. It is recognised that there is a significant ‘in-built’ interest in the maintenance of legal professional privilege, due to the importance in principle of safeguarding openness in communications between a legal advisor and a client, and to ensure that there can be access to full and frank legal advice.