A formal appeal has been filed at the First-Tier Tribunal (General Regulatory Chamber – Information Rights) following the Information Commissioner’s Decision Notice upholding Cheshire Constabulary’s refusal of a Freedom of Information Act 2000 (FOIA) request in May last year.
The FOIA request, submitted on 7th April 2025 by journalist Neil Wilby, sought records relating to a presentation delivered by Cheshire Constabulary’s Communications Lead in March 2024 titled “The Lucy Letby Case (Operation Hummingbird)” .
The request sought all data held about the preparation, delivery, observation, wash-up and feedback from that presentation, which was part of a police communicators’ course.
On 23rd January 2026, the Information Commissioner issued Decision Notice IC-394058-T5Y5, concluding that the request was “vexatious” within the meaning of section 14(1) of FOIA and that Cheshire Constabulary was not obliged to comply with disclosure obligations.
The Decision Notice reflects the Commissioner’s view that the request, and the wider context in which it was made, supported a finding of vexatiousness.
The regulator offered no explanation for the seven-month delay in dealing with the complaint.
In response to the Notice, Neil Wilby has now lodged an appeal at the First-Tier Tribunal challenging that ICO determination: The appeal Grounds argue that the Commissioner and the police erred both in law and fact by improperly applying the section 14(1) exemption, including reliance on unparticularised, contextual allegations and speculative future interactions that are unrelated to the discrete content of the request.
The appeal was served on both the Tribunal and the Information Commissioner on 18th February 2026, and auto-acknowledgements have been received from each.
Under FOIA, a finding that a request is vexatious permits a public authority to refuse to comply, but such refusals must be based on evidence and legal proportionality. The appeal strongly argues that neither test is met.
Separately, at least one other journalist has recently reported their own disputes with Cheshire Constabulary over access to Letby-related material (read more here).
The Tribunal appeal now invites an independent statutory review of the Commissioner’s determination. A hearing date and case timetable are expected to be issued in due course by the Registrar.
Related Documents
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Original FOIA request and correspondence (WhatDoTheyKnow)
- Complaint to Information Commissioner’s Office
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ICO Decision Notice IC-394058-T5Y5
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Previous media coverage: ‘Cheshire Constabulary rule that Lucy Letby media handling request is vexatious’
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