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Ministry of Justice

  • Date 22 November 2021
  • Sector Central government
  • Decision(s) FOI 10: Upheld, FOI 14: Not upheld

The complainants asked the HM Courts and Tribunals Service of the Ministry of Justice whether any County Courts in England were allowed: to NOT comply with the Judiciary and Functions of Staffing Act 2018 and NOT to comply with the Civil Courts Rules, Procedures and Directives. The Ministry of Justice decided that the request was vexatious and refused to comply with it. In corresponding at length with the Ministry of Justice, the complainants alleged wrongdoing by specified officers at a named County Court, and questioned the legality of the Court’s decisions. The purpose of section 14(1) FOIA is to protect public authorities and their employees from unreasonable demands in their everyday business. Having reviewed the evidence provided, and taking into account that a broad approach should be taken, the Commissioner found that the request was an unjustified and improper use of FOIA and was vexatious. Accordingly, the Commissioner decided that the Ministry of Justice were not obliged to comply with the request. The Commissioner does not require any steps to be taken as a result of this decision.