Info Gov

The First‑tier Tribunal has dismissed an appeal by a resident who argued that a local authority had failed to disclose all information it held in response to an environmental information request relating to a planning condition.

In Anthony Gallagher v The Information Commissioner [2026] UKFTT 569 (GRC), the Tribunal upheld a decision notice issued by the Information Commissioner which found, on the balance of probabilities, that Hart District Council had disclosed all information it held within the scope of the request.

The case arose from a request submitted by Mr Gallagher in February 2024 seeking “all information that [the Council] hold regarding the creation, progress and discharge” of a specific planning condition, excluding documents already available on the public planning portal.

The Council initially handled the request under the Freedom of Information Act 2000 and disclosed six pages of material. Following concerns raised by Mr Gallagher that information was missing, the Council carried out an internal review and re‑classified the request under the Environmental Information Regulations 2004 (EIR). It subsequently disclosed additional material and provided links to further publicly available information.

Despite further disclosures made during the Information Commissioner’s investigation, Mr Gallagher maintained that relevant correspondence and records had not been identified and complained to the Commissioner.

In a decision notice issued in September 2024, the Commissioner acknowledged that the piecemeal disclosure of information may reasonably have caused scepticism on the part of the requester. However, having examined the Council’s explanations and search evidence, the Commissioner concluded that it was more likely than not that no further information was held. Mr Gallagher appealed that decision to the Tribunal.

The appeal was heard remotely in December 2025. The Information Commissioner did not attend the hearing, and the Tribunal proceeded in his absence. Mr Gallagher appeared in person.

The Tribunal confirmed that its task was to determine whether, on the balance of probabilities, the Council held additional information within the scope of the request. It emphasised that the test is not one of certainty, noting that public authorities hold vast quantities of information and that absolute assurance is neither required nor realistic.

While the Tribunal accepted that the Council’s initial searches were inadequate, it concluded that subsequent, more detailed searches, particularly those carried out following targeted enquiries by the Commissioner, were sufficient. It was satisfied that the Council had now disclosed all information it held that fell within the scope of the request.

The Tribunal also rejected arguments that shortcomings in the Council’s record retention practices fell within its jurisdiction. It drew a clear distinction between information a public authority does hold and information it ought to hold but does not, noting that the latter may be a matter for other forums but could not found an appeal under EIR.

Mr Gallagher had alleged breaches of multiple EIR provisions, including failures in internal review, advice and assistance, and the duty to make information available on request.

The Tribunal rejected these submissions, finding that the Council’s internal review met the requirements of Regulation 11, notwithstanding the initial misclassification under FOIA. It also held that there had been no breach of the duty to provide advice and assistance under Regulation 9, noting that the appellant was clearly capable of pursuing his request without further guidance.

The Tribunal did, however, acknowledge that the Council had failed to provide all the information it held within the required statutory timeframe, an issue which ahd already been identified in the Commissioner’s decision notice.

In dismissing the appeal, the Tribunal described it as “regrettable” that it had taken so long for Mr Gallagher to receive all the information he was entitled to. Nonetheless, it concluded that no further relevant information was held and that the appeal must therefore fail.

Also in this section

Jul 13, 2026

Polite, one-off request can still be vexatious where motive is personal, First-tier Tribunal rules

The First-tier Tribunal (General Regulatory Chamber) has upheld the refusal of a freedom of information request to a special educational needs school as vexatious under section 14(1) of the Freedom of Information Act 2000, finding that a polite, factual and non-burdensome request could still amount to a misuse of the Act where its motive was the pursuit of a case against a named individual while…
Jul 13, 2026

Tribunal backs national security refusal of Home Protection Scheme statistics, citing mosaic disclosure risk

The First-tier Tribunal (General Regulatory Chamber) has upheld the Northern Ireland Office's refusal to disclose aggregate application and expenditure figures for its Home Protection Scheme, finding that even high-level statistical data could contribute to a "mosaic" of information capable of assisting terrorists in assessing the protection afforded to police officers and other public servants.
Jul 10, 2026

DWP holds Universal Credit migration code but extracting it would breach FOIA cost limit, tribunal rules

The First-tier Tribunal has overturned an Information Commissioner's finding that the Department for Work and Pensions held no further information about how claimants were selected for Universal Credit managed migration, but ruled that the requester will receive nothing more because the cost of extracting the material would exceed the limit under section 12 of the Freedom of Information Act 2000…
Jul 07, 2026

"Should have held" is not "held": tribunal upholds FCDO not-held response over Somaliland Crown service certificate

The First-tier Tribunal (General Regulatory Chamber) has dismissed an appeal against the Information Commissioner's finding that the Foreign, Commonwealth and Development Office did not hold a copy of a 1955 certificate awarded on behalf of Queen Elizabeth II to a member of the Haud Constabulary in colonial-era Somaliland, concluding on the balance of probabilities that no in-scope information…
Jul 07, 2026

Requester's claim that ICO confused him with his son fails to defeat section 14 vexatiousness finding

The First-tier Tribunal (General Regulatory Chamber) has upheld the Information Commissioner's reliance on section 14(1) of the Freedom of Information Act 2000 to refuse a request about a parish council's data protection registration, finding that the request formed part of a campaign of harassment against the council even though the appellant claimed the requesting history relied on belonged not…
Jul 07, 2026

Late compliance, apology and resource pressures save council from contempt certification over EIR decision notice

The First-tier Tribunal (General Regulatory Chamber) has refused to certify Guildford Borough Council to the Upper Tribunal for contempt over its admitted failure to comply with a substituted decision notice within the required 35 days, finding that the council's late and piecemeal response was capable of constituting contempt but that later compliance, an apology and an explanation grounded in…

InfoGov Masthead Newsletter 800