Information Rights Team
Post Office Limited
Ground Floor
Finsbury Dials
20 Finsbury Street
London EC2Y 9AQ
Your reference:
Our reference: FOI2022/00663
Mr John O'Sullivan
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
-
19 October 2022
Dear
Mr O'Sullivan,
Freedom of Information Request – FOI2022/00663
I am writing in response to your email received by Post Office Limited (“
Post Office”) on
21 September, which has been dealt with under the terms of the Freedom of Information
Act 2000 (“
FOIA”).
In your email you have requested the following information:
“[Email heading: Evidence supplied by Nick Beal and Angela van den Bogerd to
Justice Fraser Common Issues Trial]
The two disredited witnesses told Justice Fraser that the NFSP did not support the
claims or merits of this action(CIT).Were they briefed to bring this matter to the
Judges attention or did they independently but correspondingly feel it was a point
worth making?Do you have briefing documents that they were issued with?Callum
at the NFSP tel s me that they were not forewarned they would be mentioned in
Court,do you have any outraged correspondance from the NFSP demanding an
explanation or do you hold documents that show their stance would be made
public?Remarkably I notice Nick Beal(unlike Angela)stll works for you so hopefully
the confusion can be cleared up”
Post Office has refused your request for information because it fal s within section 14(1) of
the FOIA. Under section 14(1), Post Office is not obliged to comply with a request for
information if the request is vexatious.
This exemption applies because your email is deliberately disparaging and includes a
false accusation about Post Office staff, both past and present. When considering this
exemption, the ICO note four broad themes arising from the Upper Tribunal that may help
a public authority decide if a request is vexatious. We believe your request meets these
criteria.
These themes are:
1) the burden on the public authority and its staff
2) the motive of the requester
3) the value or serious purpose of the request; and
4) any harassment of or distress to staff
Public
In the past 12 months to the date of your current request, you have sent in over 40
information requests, which has placed a large burden on Post Office staff. You make
multiple requests at the same time, with overlapping themes and as an example, you
currently have 3 information requests, 2 internal reviews and 1 ICO complaint open with
Post Office. Whilst you have centred a great deal of your information requests around the
Horizon IT system and ongoing Public Inquiry, your recent information requests have been
broad in their topics.
Post Office does not tolerate disparaging behaviour towards current and former
employees. Your current request for information contains language which make
unfounded and unsubstantiated accusations against both past and present Post Office
staff. It also makes a number of assertions rather than requesting recorded information
and the value and purpose of your request is not immediately clear.
We believe that in light of this, each of the four conditions above are met. and we are
therefore not obliged to consider your request further. In accordance with section 17(6)
FOIA, will also not respond to further requests of a similar nature or on the same topic.
If you are dissatisfied with the handling of this response, you do have a right to request an
internal review. You can do this by writing to the address below stating your reasons for
your internal review request.
Information Rights Team
Post Office Limited
Ground Floor
Finsbury Dials
20 Finsbury Street
London
EC2Y 9AQ
xxxxxxxxxxx.xxxxxx@xxxxxxxxxx.xx.xx If, having requested an internal review by Post Office, you are stil not satisfied with our
response you also have a right of appeal to the Information Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
https://ico.org.uk Yours sincerely,
Information Rights Team
xxxxxxxxxxx.xxxxxx@xxxxxxxxxx.xx.xx
https://corporate.postoffice.co.uk/en/governance/access-to-information/access-to-information/
Post Office Limited is committed to protecting your privacy, information about how
we do this can be found on our website at www.postoffice.co.uk/privacy
