Sue Heselton v The Information Commissioner

Facts

The appellant, Ms Sue Heselton, had a long course of dealings with the Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice (MOJ), arising from an OPG investigation in 2015. On 19 May 2021 the MOJ refused several of her requests as vexatious under section 14(1) of the Freedom of Information Act 2000. It told her that it would treat any further requests about her underlying case as vexatious and, relying on section 17(6) of the Freedom of Information Act 2000, would not issue refusal notices in response to them. On 14 January 2024 she asked for the exact parts of all policies, protocols, procedures, codes and legislation explaining why information gained or disclosed by OPG investigations in 2015 could not be disclosed to the person investigated in subject access requests. On 25 January 2024 the MOJ declined to take the request forward, referring to the 2021 notice. It maintained that position on internal review on 31 January 2024. The appellant complained to the Information Commissioner. In a decision notice dated 17 June 2024, the Commissioner held that the request was vexatious and that the MOJ was entitled to rely on section 17(6) of the Freedom of Information Act 2000. The appellant appealed to the First-tier Tribunal. She represented herself, and the Commissioner did not appear.