Matthew Illsley v The Information Commissioner & Anor

Facts

The appellant, Mr Matthew Illsley, was interested in an external review said to have been conducted by Hampshire Constabulary into the investigation of the 1987 murder of Ivy Batten and the subsequent prosecution and conviction of Brian Parsons. On 1 February 2025 he asked the Chief Constable of Hampshire and Isle of Wight Constabulary for any documents or files relating to that review, giving a broad date range from 1987 to 2024. On 10 March 2025 the Constabulary said it held no such information and suggested he approach Devon and Cornwall Constabulary. In subsequent correspondence the appellant focused increasingly on the review report itself. Following his request for an internal review, the outcome issued on 22 March 2025 stated that eighty-three boxes of material within scope had been located and that, after a random review of fifteen boxes, the final report had been found; disclosure was refused under section 30 of the Freedom of Information Act 2000. On complaint, the Constabulary shifted to section 12(1) of the Freedom of Information Act 2000, but the Commissioner's decision notice of 16 December 2025 (IC-382740-Z4J8) analysed the matter under section 12(2), holding the Constabulary need neither confirm nor deny whether the report was held. The appellant appealed.