FOI-4-21 

Date: 5 January 2021 

Summary: 

Learning & Development/Human Resources Systems used specifically used for Training Staff.   

Request:   

We would like to know more about your L&D/HR systems, specifically used for training staff, whether that be for basic compliance or the upskilling of staff:  

1. Do you use an LMS (Learning Management System) within your organisation?   
2. If yes, which organisation supplies this product/service to you?  
3. Is your LMS supplied on a contract basis?   
4. If yes, please confirm when the current contract comes to an end?  
5. Do you received any other services from your LMS supplier? E.g. eLearning content. 
6. Who is the key decision-maker for the aforementioned products/services?  
7. If possible, please provide their contact details. 

Response:  

In accordance with Section 14 of the FOI Act the University is not obliged to comply with your request as it is considered vexatious.   

Section 14 of the FOI Act provides that: 

14. Vexatious or repeated requests.  

(1) Section 1(1) does not oblige a public authority to comply with a request for information if the request is vexatious.  

(2) Where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.  

The FOI Act gives the public a right of access to information held by public authorities. Under Section 14 (1) of the FOI Act, public authorities like this University, do not have to comply with vexatious requests.  

Section 14 (1) may be used in a variety of circumstances where a request or its impact on the public authority, cannot be justified. The key question to ask is whether this request is likely to cause a disproportionate or unjustified level of disruption, irritation or distress. This is a matter of objectivity when judging the evidence of the impact on the University and weighing this against any evidence about the purpose and value of the request.  

Public authorities such as this University do not have to comply with vexatious requests. There is also no requirement to carry out a public interest test (however, reference to public interests is made within the following paragraphs/arguments, given where the request has originated) or to confirm or deny whether the requested information is held. 

Without clear public interest the University considers this request to be of a commercial nature and vexatious in line with the Upper Tribunal ruling recently upheld by the Court of Appeal in the following case: http://www.bailii.org/uk/cases/UKUT/AAC/2013/440.html. 

As indicated in paragraphs 35 and 38, the improper use of the FOI Act (such as no public interest) is a valid consideration to make when considering if a request or part of a request is vexatious. Using the FOI Act, as in this case, to gain a commercial advantage or opportunity over another can be included within this definition. Disclosure of information pertaining to the scope of your request, can be considered to be commercial information and thus commercially sensitive.  

Disclosure of the requested information could lead to other parties obtaining a commercial gain and be potentially commercially disadvantageous to this organisation.  

Given that the requested information appears to have only a commercial interest to it, it is reasonable to withhold information from disclosure under Section 14 of the FOI Act. 

When considering whether your request is potentially vexatious, other indicators listed below have been taken into consideration, including: 

• Burden on the authority; 

Organisations and institutions are having to continually adapt and divert resources to key areas to ensure that the entity continues to operate. Learning/management software as referenced in your request are essential to the running of the organisation. The burden and time needed to collate information pertaining to spend and the other requested information is better spent actually implementing and maintaining our systems. 

• Disproportionate effort 

The matter being pursued by the requester is only for commercial gain and not for any public interest and the authority would have to expend a disproportionate amount of resources in order to meet their request. 

Given the nature of the requested information, in light of the above-referenced arguments, disclosure thereof, is withheld from disclosure in accordance with Section 14 of the FOI Act and the request is refused.