What is a vexatious request?

What it is

The Court of Appeal in Dransfield v Information Commissioner [2015] EWCA Civ 454 endorsed a holistic approach: consider the burden on the authority, the motive of the requester, the value or serious purpose of the request, and any harassment or distress to staff. Repeated identical or substantially similar requests can also be refused. Under the EIR the equivalent is a manifestly unreasonable request.

When it applies

• The request, viewed in context, is a manifestly unjustified, inappropriate or improper use of FOIA. FOIA s.14(1)
• It repeats an identical or substantially similar request answered recently, with no reasonable interval. FOIA s.14(2)
• Under the EIR, the request is manifestly unreasonable and the public interest favours refusal. EIR reg 12(4)(b)
• Under FOISA, the request is vexatious. FOISA s.14

Who is responsible

The authority, which must issue a refusal notice saying it relies on s.14, unless it has already done so for a previous vexatious request from the same person.

What it involves

1. Assess the request in context.
2. Weigh burden against value and purpose.
3. Record the evidence.
4. Issue a refusal notice and offer a review.

If it goes wrong

Regulatory

The requester can complain to the regulator, which issues a decision notice requiring the authority to act. Either side can appeal to the First-tier Tribunal (General Regulatory Chamber), then on a point of law to the Upper Tribunal. Failing to comply with a notice can be certified to the High Court and dealt with as contempt.

Criminal

No offence.

Civil

No right to compensation. Enforcement runs through the regulator and the tribunal.