Ashley Chaplin v The Information Commissioner & Anor

Facts

Cressida Dick, Commissioner of the Metropolis from 2017 to 2022, was appointed a Dame Commander of the Order of the British Empire while still serving, having been named in Prime Minister Theresa May's 2019 Resignation Honours List. On 12 December 2022 Ashley Chaplin, whose husband Gerhard Venter had died in 2018 in circumstances he continued to investigate, made a request under the Freedom of Information Act 2000 to the Cabinet Office asking, among other things, for the procedures followed in selecting candidates for the Resignation Honours List, any minutes or advisories supporting Dick's nomination, material addressing the 'politicisation' of the Metropolitan Police in that process, and a list of those involved in considering her inclusion. The Cabinet Office's response of 12 January 2023 claimed an exemption under section 37(1)(b) of the Freedom of Information Act 2000 for part of the request and denied holding the remainder. Following an internal review, Mr Chaplin complained to the Information Commissioner, who in a Decision Notice dated 19 March 2024 (IC-230048-D1V9) criticised the Cabinet Office's inconsistent handling, found some material should be disclosed, upheld exemptions over other material including under section 37(1)(b) of the Freedom of Information Act 2000, section 40(2) of the Freedom of Information Act 2000, section 41(1) of the Freedom of Information Act 2000 and section 23 of the Freedom of Information Act 2000, and upheld the Cabinet Office's refusal to confirm or deny holding certain other information. Mr Chaplin appealed to the First-tier Tribunal.