The Open University

The complainant made a four-part request for information relating to external examiners, the University and College Union marking boycott, and the use of irregular markers. The Open University (the OU) has refused the whole request under section 14(1) of FOIA on the basis that it is vexatious. It has also refused parts one and two of the request under section 14(2) of FOIA, on the basis that they are repeated requests. The Commissioner’s decision is that the request was vexatious and that the OU was therefore entitled to rely on section 14(1) of FOIA to refuse it in its entirety. As the Commissioner is satisfied that the entire request is exempt under section 14(1), he has not gone on to consider whether parts one and two of the request were repeated for the purposes of section 14(2). The Commissioner does not require the OU to take any steps as a result of this decision notice.