Deborah Cox v The Information Commissioner & Anor

Facts

The appellant, Deborah Cox, who has a longstanding interest in animal welfare and the regulation of animal research, made a request to the Home Office on 4 March 2025 under the Freedom of Information Act 2000 concerning the regulation of animal research establishments under the Animals (Scientific Procedures) Act 1986, a regime administered by the Home Office through its Animals in Science Regulation Unit. Having examined published material, she considered there to be a disparity between published guidance stating that each establishment would receive a full system audit at least every three years, or annually where special species were held, and published information about the number of audits actually carried out. Two elements of the request were in issue: Request 3, asking why the Home Office's own regulations had been broken in that respect, and Request 5, seeking details and redacted copies of audits performed at the Envigo RMS Belton establishment for 2022 to 2024. The Home Office responded on 31 March 2025 that it held no recorded information answering Request 3, and neither confirmed nor denied whether it held information falling within Request 5, relying on section 38(2) of the Freedom of Information Act 2000. It upheld that position on internal review on 30 April 2025. The appellant complained to the Information Commissioner on 4 May 2025, and on 27 January 2026 the Commissioner issued Decision Notice IC-381512-N0T6 upholding reliance on section 38(2) and requiring no further steps. The appellant appealed on 4 February 2026.