Information Commissioner highlights fact-sensitive approach to Lucy Letby disclosure controversies

Cheshire Constabulary, FOI and DPA, Information Commissioner, Miscarriages of Justice

Information Commissioner highlights fact-sensitive approach to Lucy Letby disclosure controversies

A cluster of recent rulings by the Information Commissioner’s Office (ICO) has highlighted the highly fact-sensitive nature of Freedom of Information Act 2000 (FOIA) challenges concerning Cheshire Constabulary’s media handling of the Lucy Letby investigation and the strategy underpinning it. Three formal Decision Notices, issued within a period of approximately four weeks and determined by…

Neil Wilby

March 31, 2026

3–5 minutes

Cheshire Constabulary, Decison Notice, First Tier Tribunal, FOI, FOIA, ICO, Information Commissioner, Lucy Letby, Neil Wilby, Neil Wilby Journalist, Neil Wilby Media, Section 12, Section 14, Vexatious

Three formal Decision Notices, issued within a period of approximately four weeks and determined by the same ICO case officer, reached differing conclusions on the application of key FOIA exemptions.

These decisions, taken together, illustrate the central role of evidence in determining whether statutory thresholds under FOIA are met.

Section 14 upheld in January ruling

In Decision Notice IC-394058-T5Y5, dated 23rd January 2026, the Commissioner concluded that Cheshire Constabulary was entitled to rely on section 14(1) of FOIA (vexatious request) in response to a request from an accredited journalist seeking materials connected to an Operation Hummingbird communications presentation.

The Commissioner determined that, viewed in its wider context, the request was vexatious in the “traditional sense”, and that the police force was not required to comply.

An appeal against that decision has since been lodged with the First Tier Tribunal (Information Rights), where the matter is now proceeding under case management directions.

Separate request clears the section 14 threshold

By contrast, in Decision Notice IC-421810-D1R5, issued on 17th February 2026, the Commissioner rejected Cheshire Constabulary’s reliance on section 14 in relation to a separate request from another journalist concerning a mid-trial, closed, media briefing held on 2nd June 2023.

In that case, the ICO was not satisfied that the statutory threshold for vexatiousness had been met and required the force to issue a fresh response.

Section 12 cost refusal also overturned

A further ruling, Decision Notice IC-446978-W7J4 (13th February 2026), concerned Cheshire Constabulary’s reliance on section 12 of FOIA (cost of compliance exceeds the appropriate limit) in relation to another Letby-related request focusing on details of the police’s actions at the outset of their investigation.

In that decision, the Commissioner required the force to reconsider its position and to comply with its statutory duties under FOIA, including the duty to provide advice and assistance where appropriate. During the ICO investigation, Cheshire did provide some of the information.

Highly fact-sensitive assessments

Taken together, the three rulings underline the case-specific nature of FOIA adjudication, particularly in high-profile policing matters.

Section 14 (vexatious requests) is recognised in case law as a high-threshold provision requiring a holistic and evidence-based assessment of the individual request and its context.

Similarly, reliance on section 12 requires public authorities to demonstrate that the statutory cost limit would, in fact, be exceeded and, broadly, how.

The differing outcomes in these recent decisions illustrate the importance of detailed evidential analysis in each case.

Tribunal proceedings under way

The appeal in IC-394058-T5Y5 is now before the First-tier Tribunal (General Regulatory Chamber – Information Rights). The Tribunal has issued initial case management directions, with the Commissioner’s formal response to the appeal expected in March 2026.

The Tribunal will ultimately determine whether the Commissioner’s January 2026 decision was correct in law.

Continuing public interest

The Lucy Letby investigation and the ongoing Thirlwall Inquiry continue to attract significant public and media scrutiny. Requests concerning police communications strategy during the case have formed part of a wider pattern of FOIA activity directed at Cheshire Constabulary from a number of different requesters drawn from both member of the public and journalists.

Further developments in the Tribunal proceedings are expected within the next few weeks as it moves towards a hearing window between June and August 2026.

Neil Wilby is a journalist, court reporter and transparency campaigner who has reported on police misconduct, regulatory failures, and criminal and civil justice since 2009. He is the founder and editor of Neil Wilby Media, launched in 2015.

Page last updated: Friday 20th March 2026 at 17h05

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