A police force was wrong to dismiss as vexatious freedom of information requests from a disgraced former MP, an appeal has ruled. Overturning a decision by the information commissioner, the Information Rights Tribunal reminded South Yorkshire Police that the way to avoid being chased for missing a deadline is not to miss it in the first place. 

The appeal was brought by former Labour MP Jared O’Mara and heard by video before O’Mara was sentenced to four years in prison for fraud in February.  

In Jared O’Mara v The Information Commissioner and South Yorkshire Police, the tribunal heard that O’Mara had made dozens of requests under the Freedom of Information Act, many overlapping and ‘of a confusing nature’. He also made unfounded accusations against the force and its data protection officer.

South Yorkshire Police sign

The tribunal reminded South Yorkshire Police that the way to avoid being chased for missing a deadline is not to miss it

Source: Alamy

In the belief that O’Mara was deliberately intending to cause disruption and annoyance, the force rejected a request for information on charging referrals as vexatious under section 14 of the act. The information commissioner agreed. 

Overturning that decision, the Information Rights Tribunal found that, when O’Mara launched his stream of requests 'there would have been justifiable concerns about his motive and the value of the information he sought’.

In subsequent requests, however, O’Mara 'changed his ways'. In contrast to the typical 'relentlessly deteriorating pattern of requests' his final request had 'all the characteristics one might wish: easily complied with; politely and respectfully worded; on a new topic with an identifiable public interest; and coming some six months after any previous request.'

The judgment also criticises South Yorkshire Police for treating as ‘harassing behaviour’ O’Mara’s habit of chasing a late response within seconds of a deadline being missed. Saying it had not been shown any chasing correspondence that was unreasonable, the tribunal judges noted: 'The burden of being chased for missing a deadline can be avoided by not missing it in the first place.'

O’Mara’s appeal was allowed and South Yorkshire Police ordered to issue a fresh response to his request.

 

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