[2024] UKUT 195 (AAC)

It is said that it is not reasonably possible to balance the factors as the FTT decision reasons do: the impact of the errors on the public and the incorrect statements to the public support disclosure, as does the FTT decision’s finding that, without disclosure, the public cannot know if the distribution of school places was fair; on the other side, the undisclosed information is narrow; there was a possibility that a possible future competitor might try to make a more reliable test; this might impose an unknown cost on GLA. There was no answer to the point in dissenting reasons at [89(6)], discussing the public interest defence: the detriment-based grounds on which TBGS resists disclosure have, at best, very little substance, and “offer no material counterweight to the compelling public interests favouring disclosure”.