FOI Man considers whether DCLG is right to refuse requests from anonymous critics of Eric Pickles
My old granny used to use that phrase whenever young FOI Boy misbehaved on her watch. And whenever I think about section 14 – the vexatious requests provision – of the FOI Act, that affectionate memory is summoned up.
Last week the Local Government Chronicle (sorry – link is to a subscription site) highlighted the rising number of FOI requests being refused by the Department for Communities and Local Government (DCLG) using this provision. Not only that, but lately DCLG have apparently been insisting on proof of identity from a number of requesters, presumably because they doubt that they are using their real names. If they’re not using their real names, then DCLG can quite legitimately refuse to answer their requests, since the requests are not valid requests under section 8(1) of the Act.
The refusals may well be related to the activities of the entertainingly monickered individual known as Derek Tickles. Derek has admitted that his name is a pseudonym as he claims to work for DCLG. I have to admit that I’m unsure why DCLG have resorted to s.14 in his case, since s.8(1) would be sufficient to refuse his requests (and yes, I know there is some debate about whether or not the use of a pseudonym automatically makes a request invalid, but since neither the Information Commissioner nor the Tribunal would be likely to pursue a case brought by an anonymous individual, the argument is purely academic for the time being – and public bodies work in the realm of the practical).
Personally I find Derek’s posts and some of his requests amusing, and it is possible to see a serious purpose behind his campaign. But the fact remains that his avowed anonymity and public profile make it very easy for DCLG to make the case that his requests are either invalid or vexatious. And this is the case for anybody who uses obvious pseudonyms or makes requests that can be easily linked to such individuals.
Public bodies have to manage FOI as with any other service – they have limited resources. So I find it difficult to criticise DCLG for refusing to answer the requests of Derek and his merry band. Their staff who answer requests will be stretched answering valid requests, no doubt. If there are requests that can be easily filtered out legitimately, of course they are going to do that. As I’ve said before, the best way to find out information about an organisation anonymously (and I appreciate that there are situations that warrant this) is to be subtle. Use a pseudonym by all means but keep it discreet. Rhyming your name with the Secretary of State is likely to get you noticed.
Of course, there’s a wider question. Why do people feel that they can’t use their real names? Even public servants should have the right to express themselves. Maybe DCLG should be giving that question a bit more thought. And maybe there needs to be a – manageable – mechanism inserted into the FOI Act that allows anonymous requests to be valid in certain circumstances.