Info Gov

The First-tier Tribunal (General Regulatory Chamber) has dismissed an Environmental Information Regulations appeal brought by a resident seeking to establish whether Lambeth Council had written to the owner of a neighbouring property in the weeks before an arson attack on his home, finding that the privacy rights of the property owner outweighed the appellant's legitimate interests in disclosure.

In Roger Wood v The Information Commissioner [2026] UKFTT 00784 (GRC), determined on the papers on 2 June 2026, the Tribunal upheld Lambeth Council's neither confirm nor deny (NCND) response under regulation 13(5A)(a) of the Environmental Information Regulations 2004, concluding that even confirming whether correspondence had been sent would disclose personal data of the property owner in a manner that could not be justified under Article 6(1)(f) UK GDPR.

The Council had issued a planning enforcement notice against the owner of a neighbouring property in 2021 for installing a driveway without planning permission, and had subsequently refused a retrospective planning application. Mr Wood had been in extensive contact with the Council over the enforcement matter, but the situation escalated significantly: he informed the Council that in August 2024 his vehicle was damaged, and on 11 April 2025 his property was subjected to arson, which the Metropolitan Police were investigating.

Mr Wood sought confirmation under the EIR of whether the Council had sent any written communications to the owner of the neighbouring property between 19 March and 11 April 2025 (the period immediately preceding the arson attack) in connection with the planning enforcement case. He was not requesting the content of any personal data, but simply asked whether such correspondence existed and, if so, for a copy with appropriate redactions, consistent with disclosures the Council had previously made in the same matter.

The Council treated the requests under the EIR and relied on regulation 13(5A)(a) to issue an NCND response. The Information Commissioner upheld that position, finding that even confirming whether correspondence had been sent amounted to disclosure of the property owner's personal data, and that the particular circumstances of the request, including the live arson investigation, heightened rather than diminished the reasonable expectation of non-disclosure.

The Tribunal agreed that a confirmation would reveal personal data. It found that, given the enforcement history, a reasonable inference from any confirmation would be that the Council was at least considering further action against the owner, potentially including prosecution for non-compliance with the enforcement notice or the exercise of default powers — information with the owner clearly as its focus.

Applying the three-stage legitimate interests test under Article 6(1)(f) UK GDPR, the Tribunal accepted that Mr Wood had genuine legitimate interests: both in understanding whether the Council was taking steps to enforce planning law against his neighbour, and in understanding the circumstances in the weeks leading up to the arson attack on his property. It found that disclosure was reasonably necessary for those purposes.

However, the Tribunal drew a clear distinction when it came to the wider arguments advanced in support of disclosure. It declined to find that there was a sufficiently general public interest in disclosure. It noted that there are other means of holding a council to account, including formal complaints and recourse to the Local Government Ombudsman. On the police investigation, it observed that the police have their own powers to obtain relevant evidence from the Council and that it was not reasonably necessary to disclose correspondence to the world at large for the purposes of the criminal inquiry.

Turning to the balancing exercise, the Tribunal found that the property owner's rights and freedoms prevailed. While the information was not criminal offence data, confirmation that correspondence had taken place in the relevant period would give rise to a reasonable inference that prosecution or enforcement default powers were being considered — engaging a particularly strong expectation of privacy. Taking into account the sensitivity of that inference, the absence of a sufficiently general public interest in disclosure, and the availability of police investigative powers, the Tribunal concluded that the legitimate interests in confirmation were outweighed by the fundamental rights and freedoms of the data subject. The appeal was accordingly dismissed.

Also in this section

Jul 13, 2026

Polite, one-off request can still be vexatious where motive is personal, First-tier Tribunal rules

The First-tier Tribunal (General Regulatory Chamber) has upheld the refusal of a freedom of information request to a special educational needs school as vexatious under section 14(1) of the Freedom of Information Act 2000, finding that a polite, factual and non-burdensome request could still amount to a misuse of the Act where its motive was the pursuit of a case against a named individual while…
Jul 13, 2026

Tribunal backs national security refusal of Home Protection Scheme statistics, citing mosaic disclosure risk

The First-tier Tribunal (General Regulatory Chamber) has upheld the Northern Ireland Office's refusal to disclose aggregate application and expenditure figures for its Home Protection Scheme, finding that even high-level statistical data could contribute to a "mosaic" of information capable of assisting terrorists in assessing the protection afforded to police officers and other public servants.
Jul 10, 2026

DWP holds Universal Credit migration code but extracting it would breach FOIA cost limit, tribunal rules

The First-tier Tribunal has overturned an Information Commissioner's finding that the Department for Work and Pensions held no further information about how claimants were selected for Universal Credit managed migration, but ruled that the requester will receive nothing more because the cost of extracting the material would exceed the limit under section 12 of the Freedom of Information Act 2000…
Jul 07, 2026

"Should have held" is not "held": tribunal upholds FCDO not-held response over Somaliland Crown service certificate

The First-tier Tribunal (General Regulatory Chamber) has dismissed an appeal against the Information Commissioner's finding that the Foreign, Commonwealth and Development Office did not hold a copy of a 1955 certificate awarded on behalf of Queen Elizabeth II to a member of the Haud Constabulary in colonial-era Somaliland, concluding on the balance of probabilities that no in-scope information…
Jul 07, 2026

Requester's claim that ICO confused him with his son fails to defeat section 14 vexatiousness finding

The First-tier Tribunal (General Regulatory Chamber) has upheld the Information Commissioner's reliance on section 14(1) of the Freedom of Information Act 2000 to refuse a request about a parish council's data protection registration, finding that the request formed part of a campaign of harassment against the council even though the appellant claimed the requesting history relied on belonged not…

InfoGov Masthead Newsletter 800