Information Commissioner issues toolkit for public authorities on dealing with vexatious claims

A toolkit to help councils decide when a Freedom of Information (FOI) applicant is vexatious has been issued by the Information Commissioner’s Office (ICO).

Production of the toolkit followed an analysis that found applicants being rejected as vexatious was the third highest cause of complaints to the ICO.

It said public authorities are not obliged to comply with a request for information if made vexatiously - where this is “likely to cause a disproportionate or unjustified level of disruption, irritation or distress”.

This provision was intended to protect a public authority’s ability to carry out its functions and used correctly provides a balance between transparency and protection of resources, the ICO said.

The toolkit is a five module self-assessment course that guides practitioners through considering an organisation’s current position, understanding when the provision can be relied on and how to improve compliance.

Deborah Clark, the ICO’s FoI upstream regulation manager, said: “Analysis of our data shows the application of the vexatious provision leads to the third highest number of complaints we receive each year.

“This, along with listening to feedback from practitioners, drove our commitment to produce this topic to help public authorities understand how to correctly apply the provision.”

The toolkit suggests officers should distinguish whether a request - or the person making it - is vexatious and can take into account the context and history.

It advised: “You should gather evidence of your overall position, before carrying out a weighing or balancing exercise to determine whether the request imposes a disproportionate burden on your organisation and is vexatious.

"Your decision should be informed by internal consultation where possible. At times, it may be appropriate to consider alternative approaches.”

The toolkit said that where a refusal notice is issued, officers need not provide reasons, “but it is good practice to do so, and this can be an effective way to provide advice and assistance where appropriate".

Mark Smulian