What is a vexatious request?
We define a vexatious request as:
“A request that is likely to cause distress, disruption or irritation, without any proper or justified cause”.
A vexatious request may include one or more individual requests for information, or may form part of a wider pattern of vexatious behaviour for example, if there is a wider dispute, or it is the latest in a lengthy series of overlapping requests.
However, we will not automatically refuse a request simply because it is made in the context of a dispute, or if it forms part of a series of requests.
We will consider each request for information on its own merits, and we will not automatically refuse a request because the individual may have caused problems in the past. We will ensure that we consider whether the request (and not the requester) is vexatious, with our focus on the request itself.
Where a request is considered to be vexatious we may make the decision not to provide the information requested.
The following are examples of what we consider to be vexatious requests:
- Submission of repeated requests with very high volume and frequency of correspondence;
- Requests for information the requester has already seen, or clear intention to reopen issues that have already been considered;
- Where complying with the request would impose significant burden on the Council in terms of expense, and negatively impact our ability to provide service to others. In this situation we will also consider Section 12 (exemption where cost of compliance exceeds the appropriate limit) of the Freedom of Information Act;
- Where the request lacks any serious purpose or value. An apparent lack of value would not usually be enough on its own to make a request vexatious but may do when considered with other examples;
- Where the requester has caused or intends to cause harassment, alarm or distress to a Council employee or someone working on our behalf. This could include very high volume and frequency of correspondence, or including accusations and complaints within requests.