Freedom of Information Appeal against the Crown Prosecution Service and the Information Commissioner
Overview
An application was made by a freelance journalist under the Freedom of Information Act with regard to the hate crimes pack for schools to the Crown Prosecution Service (CPS). This was refused under section 36 of the Act - prejudice to the effective conduct of public affairs. The Information Commissioner (ICO) upheld the CPS refusal and the freelance journalist is appealing. Judge Buckley is presiding with two panel members.
The FOI Request (summary)
The request under the Freedom of Information Act was for information relating to the CPS LGBT hate crime schools resource pack that was launched in January 2020 and withdrawn following a threat of legal action.
Items requested were:
Copies of all communications between the CPS, Gendered Intelligence and Stonewall in 2019 relating to the pack. If this is too broad I suggest the CPS limit its search to the individual(s) in the CPS charged with overseeing its development.
Copies of any internal complaints or comments received after the report's launch and subsequent negative publicity. It was suggested that the search could be restricted to the individual(s) who would be expected to receive and respond to these complaints, anticipated to be the same individual(s) as in 1.
Copies of any internal discussions amongst senior CPS management relating to the legal threat and subsequent publicity, subject to legal privilege. Details of any legal advice received were not expected. The overall aim was to establish the degree of consensus within the CPS about this guidance and the extent to which it was influenced by Gendered Intelligence and Stonewall.
Live-tweet thread
Live-tweet thread from hearing on 19 May 2022
Abbreviations
NC - Naomi Cunningham, counsel for the freelance journalist who will not be names.
JT - Jennie Thelen, counsel for the CPS
GR - Graham Ritchie, Deputy Director in the Strategy and Policy Directorate (SPD) of the CPS, witness for the CPS
PT and EY - panel members with Judge Buckley