Info Gov

The First-tier Tribunal has upheld an Information Commissioner’s decision allowing Bradford Council to refuse a wide ranging request for environmental information about two high risk reservoirs, finding that the cost of compliance would be “manifestly unreasonable”.

In a judgment issued on 5 March 2026, Judge Swaney and tribunal members Cosgrave and Taylor dismissed the appeal brought by local resident Colin Duke against the ICO’s September 2025 decision notice. The tribunal concluded that Bradford Council was entitled to rely on regulation 12(4)(b) of the Environmental Information Regulations 2004 (EIR), which permits refusal where a request is “manifestly unreasonable”.

Mr Duke had sought detailed information in September 2024 relating to two reservoirs near a proposed 180 home development. He argued that the local community needed clarity on the condition of the dams and the risk of flooding. Bradford Council disclosed some information but withheld the remainder under regulations 12(5)(a) (public safety) and 13 (personal data). During the ICO investigation, the Council added reliance on regulation 12(4)(b).

The ICO agreed that the request was manifestly unreasonable and did not go on to consider the other exemptions.

Mr Duke then advanced a series of procedural and substantive challenges, including claims that:
• the Council acted unfairly by introducing a new exemption late;
• the ICO had no authority to invite reliance on regulation 12(4)(b);
• the Council misunderstood the scope of his request, which he said was limited to the statutory “public form of record” under the Reservoirs Act 1975; and
• the cost estimate was flawed and unsupported.

The tribunal rejected each point. It found no procedural unfairness, holding that the Commissioner “can consider exemptions not applied by the public authority” and that nothing prevented the Council from raising regulation 12(4)(b) during the investigation.

Crucially, the panel determined that Mr Duke’s request was not limited to the public register. Although he insisted that he only wanted the short form statutory record, the tribunal noted that his written request expressly sought “copies of any Inspection, Reports, Certificates” and that the Council was entitled to treat six technical reports - totalling around 230 pages - as within scope.

Cost of compliance decisive
The Council estimated that reviewing the material would require 57.5 hours of officer time, at a cost of £1,437.50. Even halving the estimate would still exceed the FOIA based benchmark of 18 hours. The tribunal accepted that specialist review was necessary because the reports contained sensitive engineering information and personal data, some marked “Official Sensitive”.

“For all of these reasons, we find that the cost of complying in full with the appellant’s request would be onerous,” the panel concluded.

The tribunal carried out its own public interest test and found that although reservoir safety is a matter of legitimate public concern, the burden on the Council outweighed the case for disclosure. It also noted that Mr Duke had already received confirmation that a watercourse was blocked—one of his key concerns—and that he remained entitled to inspect the statutory public register in person.

The tribunal held that the presumption in favour of disclosure did not tip the balance and dismissed the appeal, upholding the ICO’s decision in full.

Also in this section

Jun 10, 2026

Tribunal backs Insolvency Service's refusal to confirm whether it holds complaint response

A requester who used FOIA to seek a copy of the response to her own complaint has lost her appeal, after the First-tier Tribunal confirmed that section 40(5A) entitled the Insolvency Service to neither confirm nor deny holding the information, not least because the appellant herself had repeatedly insisted the material related to her personally.
Jun 09, 2026

MoD Wins FOI Battle Over Court Martial Disclosure

The Ministry of Defence has successfully defended a freedom of information appeal brought by a former RAF serviceman who sought disclosure of investigators' material and unused evidence from a court martial case in which he pleaded guilty to six charges of misapplication of service property.
Jun 09, 2026

Tribunal overturns ICO ruling on Bounce Back Loan FOI request linked to MP

The First-tier Tribunal has ordered the Department for Business and Trade to confirm or deny whether it holds information about Bounce Back Loans connected to companies previously owned by a sitting MP, after finding that the Information Commissioner wrongly upheld a neither confirm nor deny response.
Jun 08, 2026

Tribunal rules ONS wrongly branded "Black Lives Matter" FOI requests vexatious

The First-tier Tribunal has ruled that the Office for National Statistics (ONS) unlawfully refused a series of Freedom of Information requests as vexatious, finding that a former employee who sought internal records relating to a controversial "Black Lives Matter" staff email had a genuine and legitimate purpose in making them.

InfoGov Masthead Newsletter 800