Martina Hogg v Information Commissioner

Facts

The appellant, Martina Hogg, requested from Cheshire East Council (the second respondent) on 8 February 2024 copies of all current dog breeding and pet selling licences. The Council responded substantively on 15 March 2024, withholding the requested information under section 31(1)(a) of the Freedom of Information Act 2000 (law enforcement) and, in part, under section 40(2) of the Freedom of Information Act 2000 (personal information). On internal review on 14 May 2024 the Council disclosed the licences but redacted some names and addresses and the permitted numbers of animals, maintaining reliance on both exemptions. The appellant complained to the Information Commissioner (the first respondent) the same day. In a Decision Notice dated 26 November 2024 (IC-311563-Q6G9) the Commissioner partially upheld the complaint, finding that the names and addresses of licensees could not be withheld but that section 31(1)(a) of the Freedom of Information Act 2000 was properly relied on to withhold the permitted numbers of animals, on the basis that disclosure would be likely to lead to the targeting of premises for dog theft. The appellant appealed on 14 December 2024, disputing the Council's evidence of any link between disclosure and theft. The Council was joined as a party on 8 December 2025 by direction of Judge Armstrong-Holmes and directed to file evidence of a causal link and the likelihood of prejudice. The First-tier Tribunal determined the appeal without a hearing under rule 32(1)(b) of The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009.