EA/2023/0448 - [2025] UKFTT 00077 (GRC)

Case Reference: EA/2023/0448

Information Rights

Decided without a hearing

Before

JUDGE SHENAZ MUZAFFER

JUDGE SOPHIE BUCKLEY

MEMBER KERRY PEPPERELL

Between

JOHN PAUL CALVERT

Appellant

and

(1) THE INFORMATION COMMISSIONER

(2) NORTH EAST AMBULANCE SERVICE NHS FOUNDATION TRUST

Respondents

Decision: The appeal is allowed in part as the Decision Notice contains an error of law. The Tribunal makes a Substituted Decision Notice, as follows:

1. The Tribunal finds that the North East Ambulance Service NHS Foundation Trust was not entitled to rely on section 41 of the Freedom of Information Act 2000 to withhold the information contained in paragraph 2 on page 187 of the report or the information contained at pages 191-192 of the report, save for one sentence at paragraph 8.

2. The remainder of the withheld material is exempt from disclosure pursuant to section 41 of the Freedom of Information Act 2000.

3. The North East Ambulance Service NHS Foundation Trust must take the following step within 28 days of promulgation of this Decision:

a. Disclose paragraph 2 on page 187 of the report, and pages 191-192 of the report, subject to the redaction set out in the Closed Annex attached to this Decision.

4. Any failure to abide by the terms of the tribunal’s Substituted Decision Notice may amount to contempt which may, on application, be certified to the Upper Tribunal.

REASONS