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Alan Dransfield's Blog

Freedom of Information and Health and Safety

This blog is aimed at shaming those who ignore health and safety and those who abuse the Freedom of Information Act out of laziness, corruption or to cover up incompetence.

Oh, Mr Bailey, what will you do?

Information Commissioner Posted on Mon, June 23, 2014 19:42:25

Dear Mr Bailey

Can you please tell me why you are not
updating your readers by adding to your referral statements that the content of
the guidance document is now subject to appellate action? You
should link a copy of the Lord Justice Briggs finding or URL: anything
less is deliberately misleading. In particular, I refer to your vexatious
guidelines published in May 2013. Why are these guideline not date stamped
either?

ICO should immediately withdraw access to the guidance until a new decision is
reached to comply with Lord Justice Briggs; otherwise, it could be construed
that the Wikeley decision has precedent validity.

I would also argue that in the event the
Court of Appeal overturns the Wikeley vexatious decision in GIA /3037/2011 your
guidance will become null and void and approximately 300 ICO decisions will
need revoking.

I would also like
to know why the ICO refer to their vexatious guideline as new. They are not
new; they are over 12 months old now. I would argue that document is
at best a tool to assist the passage of fraud and at worst an attempt to cover
up serious crimes and pervert the course of justice.

I am sure you are
aware that any obstruction of the FOAI 2000 and in particular Section 77 is a
prisonable offence.

For your
information action and files.

Yours sincerely

Alan M Dransfield



Gaze in Horror – Well, quite!

Information Commissioner Posted on Mon, June 23, 2014 10:58:52

http://www.panopticonblog.com/2014/06/10/section-14-in-the-court-of-appeal/

“Just when you thought it was safe to go back in the water. Just when you had got your head round the decisions of Judge Wikeley in Information Commissioner v Devon CC & Dransfield 2012] UKUT 440 (AAC); [2013] 1 Info LR 360 and Craven v Information Commissioner & DECC [2012] UKUT 442 (AAC); [2013] 1 Info LR 335, and the Information Commissioner has issued spangly new guidance on section 14, and the FTT has been merrily applying the new tests to a host of appeals. Just when all that had become de rigeur and everyone was settling back down…

The Court of Appeal, in the form of Briggs LJ at an oral renewal hearing, has granted Mr Dransfield and Ms Craven permission to appeal against the judgments of Judge Wikeley on the issues of the proper interpretation of section 14(1) FOIA and regulation 12(4)(b) EIR (respectively), and the application to their requests for information. Briggs LJ also granted both appellants the necessary extension of time for their appeals. He refused their applications to admit fresh evidence.

No appeal date has been set – the Order granting permission was only sent on 9 June. But the various members of 11KBW involved below (Tom Cross for the ICO, Rachel Kamm for Devon CC, James Cornwell for DECC) will enable Panopticon to ensure that it continues to cause readers to gaze in horror at their screens with the latest updates. Our work here is only just beginning…

Christopher Knight”