An overturned ‘vexatious’ FoI request | A complainant requested access to a specific UK prison’s local operational policies from the Ministry of Justice. 

The Request: A complainant requested access to a specific UK prison’s local operational policies from the Ministry of Justice. [1]The MoJ Refusal: The MoJ refused to comply, citing Section 14(1) of the Freedom of Information Act (FOIA), claiming the request was vexatious or placed a disproportionate burden on the department. [1]

Case Details

The ICO Ruling: The Information Commissioner reviewed the case (Decision Notice IC-392374-H8J8) and ruled that the request was not vexatious. The MoJ was ordered to issue a fresh response without relying on Section 14(1).[1]

What is a Section 14(1) Refusal?

Under the Information Commissioner’s Office (ICO) guidelines, Section 14(1) allows UK public authorities to refuse FOI requests if they are deemed “vexatious”. This applies if a request: [12]

    • Imposes a disproportionate burden on public resources or staff time.
    • Lacks any serious purpose or value.
    • Is designed to cause disruption or harassment to the department. [12]

Because Section 14(1) is a high legal threshold, the ICO regularly overturns department decisions if it determines that the public interest or the simplicity of the data request does not genuinely abuse the FOI system. [12]


Unknown's avatar

About Wirral In It Together

Campaigner for open government. Wants senior public servants to be honest and courageous. It IS possible!
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.