Alan Dransfield's Blog

Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

Vexatious decision

VexatiousPosted by Sheila Oliver Mon, April 10, 2017 06:37:55
https://ico.org.uk/media/action-weve-taken/decision-notices/2017/2013864/fer0646554.pdf

"The term ‘vexatious’ is not defined in the legislation. In Information Commissioner vs Devon County Council & Dransfield1, the Upper Tribunal took the view that the ordinary dictionary definition of the word vexatious is only of limited use, because the question of whether a request is vexatious ultimately depends upon the circumstances surrounding that request. The Tribunal concluded that ‘vexatious’ could be defined as the “…manifestly unjustified, inappropriate or improper use of a formal procedure” (paragraph 27). The decision clearly establishes that the concepts of ‘proportionality’ and ‘justification’ are central to any consideration of whether a request is vexatious."




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