FT/EJ/2024/0007 - [2025] UKFTT 01318 (GRC)

The Applicant made an application to the Tribunal on 7 May 2024 on the basis that the Respondent had not complied with the Substituted Decision Notice in the first Tribunal decision. The Applicant complains that documents were incomplete and information was withheld. The Application asks for the Respondent to be instructed to release the withheld documents and provide original documents in legible electronic format, or to hold the Respondent in contempt of court.

The Applicant has also made an application in relation to alleged breach of the Tribunal’s anonymity order by the Respondent. The Applicant asks for this order to be made permanent. The Respondent has made an application to discharge the anonymity order.

Counsel’s submissions were provided to the Tribunal on 28 August 2024 by solicitors Stone King LLP who said they were providing the submissions on behalf of their client, Emerson Valley School (the “School”). It was explained in the submissions that Merevalley Federation is not a legal entity and not a public authority, and that the submissions were being provided on behalf of the School which, in conjunction with another school, operated as the Merevalley Federation when carrying out certain statutory functions for the provision of education. However, it was said that the Federation holds no status as a legal entity. It was also said that the School is a community school as defined in section 39(1) of the Education Act 2002 and section 20 of the School Standards and Framework Act 1998, and is maintained by Milton Keynes City Council who are ultimately liable for the conduct of its employees and governors of the School. The submissions further explained that the submissions were provided on behalf of the School to assist the Tribunal in its determination of the Applicant’s claim that the School (who was essentially understood to be the body complained about) had failed to fully comply with the Substituted Decision Notice in the first Tribunal decision.

On 18 September 2024 Stone King LLP sent an email to the Tribunal and to the Applicant to apologise for previously stating that Merevalley Federation is not a legal entity. They clarified that Merevalley Federation is a legal entity, and the correct legal entity to be joined as a party to these proceedings. They also confirmed that their instructions were received from Merevalley Federation and not, as previously indicated, from the Governing Body of the School, and that the submissions should be read as coming from Merevalley Federation. On that basis the Tribunal accepted the submissions as the Respondent’s submissions. However, where the submissions make specific references to the School we have reflected them as such.

The Respondent’s submissions also explained that the School was becoming part of a multi academy Trust known as the 5 Dimensions Trust.

In relation to failure to comply with the Substituted Decision Notice in the first Tribunal decision, the Respondent says that the School was not the subject of the Substituted Decision Notice and, even if it was, the claim that there has not been compliance with the Substituted Decision Notice is misstated because when the Applicant’s complaint to the Information Commissioner was eventually drawn to the attention of the School it complied in respect of those requested documents that were in its control. The School also acknowledged that two documents had been omitted in error from the documents supplied to the Applicant, but said that those missing documents were attached to the submissions.

In relation to breach of the anonymity order, the Respondent accepted in its submissions that the School is required to comply with the anonymity order due to the breadth of the order. However, it submitted that it is not clear that the School had knowledge of the order. It also said that the disclosure complained of by the Applicant was made to 5 Dimensions Trust as part of the due diligence process for the School to become part of that Trust.