Ministry of Defence

The complainant submitted three requests to the Ministry of Defence (MOD) seeking information about the procurement of a particular contract. The MOD refused to answer requests on the basis that they were considered to be vexatious and further that given its previous correspondence with the complainant it was not under an obligation under section 17 of the FOIA to issue a formal refusal notice to the effect. The Commissioner has concluded that the requests are vexatious and therefore the MOD is not obliged, on the basis of section 14(1) of FOIA, to answer the requests. The Commissioner has also found that on basis of previous communications within the complainant the MOD was entitled to rely on the provisions contained at section 17(6) not to provide the complainant with a refusal notice stating that section 14(1) applied to his requests. Information Tribunal appeal EA/2017/0247 allowed.