Dr Reuben Kirkham v United Kingdom Research & Innovation

Facts

Dr Kirkham requested information from United Kingdom Research and Innovation (UKRI), formerly the Engineering and Physical Sciences Research Council, on 15 August 2017. The request concerned the mid-term review of Centres for Doctoral Training and sought institutions' scores, the spreadsheet containing them and the feedback given. In a Decision Notice dated 7 September 2018 the Information Commissioner upheld some exemptions under the Freedom of Information Act 2000 but found that the public interest favoured disclosure of the scores and feedback letters. Dr Kirkham appealed. In a decision issued on 21 March 2024, heard with a related appeal, the First-tier Tribunal allowed the appeal and substituted a decision notice requiring undisclosed material to be disclosed, subject to redaction of personal information, within 35 days. UKRI's application for permission to appeal was refused by the First-tier Tribunal but eventually granted by the Upper Tribunal, and the effect of the substituted decision notice was suspended pending that appeal. On 17 April 2026 Upper Tribunal Judge Church confirmed the First-tier Tribunal's decision in the 2018 appeal, directing that UKRI "shall now disclose" any information not yet disclosed. UKRI disclosed the material, with redactions, on 12 May 2026. Dr Kirkham nevertheless applied on form GRC4 dated 12 May 2026 for the contempt to be certified to the Upper Tribunal under section 61 of the Freedom of Information Act 2000, alleging non-compliance.