University of Exeter faces contempt proceedings under FOIA

An insightful article by Jon Baines on his personal blog considers a recent Freedom of Information Act (FOIA) case that reached the Upper Tribunal (UT) following the University of Exeter's failure to comply with an order issued by the First-tier Tribunal (FTT). Baines highlights that while public authorities often face minimal consequences for initial breaches of the FOIA, such as delays or incorrect application of exemptions, the situation becomes significantly more serious when they disregard orders from the Information Commissioner's Office (ICO) or the FTT.

Baines highlights that Sections 54 and 61 of FOIA grant the ICO and the FTT the power to treat non-compliance as contempt of court, allowing them to refer the matter to the UT, which possesses the authority to impose imprisonment or fines under the Civil Procedure Rules.

In this specific case, the University of Exeter was asked to disclose the names of attendees and their representatives from two university groups. The University initially refused, citing data protection concerns, a decision initially supported by the ICO. The FTT overturned this decision and ordered the information to be disclosed. However, the University did not comply and later claimed that some of the requested information no longer existed due to undocumented oral "right to be forgotten" requests made by attendees after the FTT's ruling.

The FTT found the University's explanation "less than credible," noting that the University had previously provided the withheld information to both the ICO and the FTT during the initial proceedings. Consequently, the FTT concluded that the University's failure to comply was "wilful," "flagrant," and a "contrived and persistent failure that is still ongoing." 

The FTT urged the University to fully comply with its order, suggesting that doing so could mitigate any potential action taken by the Upper Tribunal.