Re: The Dransfield “Vexatious” Precedent — A National Scandal Eroding the Rule of Law

Dear Deputy Prime Minister,

I am writing to you in your capacity as Lord Chancellor to raise what I believe to be one of the most serious constitutional failures of the last two decades — the misuse and abuse of Section 14(1) of the Freedom of Information Act 2000.

My own case, Dransfield v ICO (GIA/3037/2011), was labelled a “test case” and used to redefine the meaning of vexatious. What should have been a narrow exemption to prevent truly abusive requests has been weaponised to suppress legitimate public scrutiny.

Since that ruling, public authorities — often with the ICO’s blessing — have:Used Section 14(1) as a catch-all to block uncomfortable questions, imposed blanket bans under Section 50(2)(c) without meaningful oversight,i gnored Parliament’s original intent for FOIA to empower citizens, not insulate the state, extended the precedent far beyond its factual basis, creating a de facto censorship regime. This isn’t theory — it’s fact. The Dransfield precedent is now relied upon by government departments, local authorities, police forces, royal estates, and regulators. It has become a legal shield for secrecy.

For over 15 years, my FOI requests have been treated as “test cases” in every court: First-tier Tribunal, Upper Tribunal, Court of Appeal, and the Supreme Court. At each level, the judiciary has permitted the expansion of this precedent without democratic mandate, creating a constitutional imbalance where citizens’ rights are subordinated to bureaucratic convenience.

The implications are profound:

Parliament’s legislative intent has been overturned by judicial interpretation.Article 6 (fair trial) and Article 10 (freedom of expression) rights are being trampled.

Oversight is weak, and accountability has collapsed. As Deputy Prime Minister and Lord Chancellor, you are in a unique position to act where others have looked away. I urge you to:Launch or support an independent review into the use and misuse of Section 14(1) FOIA and the Dransfield precedent.Require the ICO and all government departments to publish data on vexatious refusals since 2012.

Place the issue before PACAC and the Justice Committee for formal scrutiny. Recognise this matter as a constitutional test of transparency, democracy, and trust in government.

This is not simply my fight — it affects every citizen who dares to ask questions of power. FOI is being strangled by a single flawed test case, and history will judge those who looked away.

I look forward to your response and to seeing genuine action taken to restore the rights Parliament intended.

Yours sincerely,

Alan M. Dransfield

FOI Campaigner & Appellant in GIA/3037/2011


http://paulcardin.substack.com

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About Wirral In It Together

Campaigner for open government. Wants senior public servants to be honest and courageous. It IS possible!
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