Mark Armstrong v The Information Commissioner

Facts

Mark Armstrong describes himself as a victim of historical child abuse at Kirklevington Detention Centre and as the representative of over 850 survivors, and has made a large number of requests under section 1 of the Freedom of Information Act 2000 about Operation Magnolia, the investigation into that abuse launched by Cleveland Police Force in 2014, which has not to date produced any charges. On 4 July 2024 he asked the Force for the email addresses of the Chief Constable and three other very senior officers. The Force gave him a generic contact link and, later, the collar or warrant numbers of those officers, but by letter of 4 September 2024 refused the email addresses in reliance on section 40(2) of the Freedom of Information Act 2000. He complained to the Information Commissioner on 5 September 2024. In responding to the complaint the Force relied for the first time on section 31 of the Freedom of Information Act 2000, but the Commissioner did not tell Mr Armstrong of that response or invite representations before issuing a Decision Notice on 10 March 2025 upholding the refusal. Mr Armstrong appealed, and the First-tier Tribunal dismissed the appeal. Permission to appeal was refused by the First-tier Tribunal and then, on the papers, by Upper Tribunal Judge Wikeley; Mr Armstrong renewed the application at an oral hearing.