The claimant sought release of documents placed with the Charity Commission in connection with investigations into a charity.
Held: With certain exceptions, the applicaion failed: ‘once a public authority places documents it held prior to an inquiry into the custody of itself conducting a statutory inquiry then those documents would seem to us to be within the scope of Section 32 (2) where they are then only being held for the purpose of the inquiry. So, for example, where the original complaint leading to the inquiry and the subsequent evaluation documents are then placed in the custody of the person conducting the inquiry for the purposes of the inquiry and they are then no longer held for any other purpose then these documents would be ‘held only by virtue of being contained in’ such documents, and will be caught by Section 32 (2). If the documents are still held for another purpose, like the charity’s annual return in the normal course of compliance, then in our view the documents would not benefit from the absolute exemption because they are not held ‘only by virtue’ of being contained in a document placed in the custody of a person conducting an inquiry for the purposes of the inquiry.’
Citations:
[2009] UKIT EA – 2008 – 0083
Links:
Statutes:
Freedom of Information Act 2000 59, Charities Act 1993 8
Cited by:
Appeal from – Kennedy v Information Commissioner Admn 19-Jan-2010
The claimant journalist had made a freedom of information request to the Charity Commission as to its investigations of a charity under section 8 of the 1993 Act. The Commission claimed absolute exemption under section 32(2). He now appealed against . .
At IT – Kennedy v The Information Commissioner and Another CA 12-May-2011
The claimant, a journalist, sought further information from the Charity Commission after the release of three investigations into the ‘Mariam Appeal’ and questions about the source and use of its funds. The Commission replied that it was exempt . .
At Information Tribunal – Kennedy v The Charity Commission SC 26-Mar-2014
The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the . .
Lists of cited by and citing cases may be incomplete.
Information, Charity
Updated: 11 August 2022; Ref: scu.383855