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FT/EJ/2024/0007 - [2025] UKFTT 01318 (GRC)
Fecha: 22-Oct-2025
Witness statements
Witness statements
The first witness statement from Tony Nelson dated 6 December 2024 states that as of 2 December 2024 the School became part of 5 Dimensions Trust and that, as such, the Trust would be taking the role of the Respondent. It also states that the statement was prepared following communications with the Trust’s legal representatives Stone King LLP (who up until that point had first said that they were acting for the School and then said that they were taking instructions from the Respondent). The witness statement sets out a response in relation to 14 documents that the Applicant said were missing.
Item 1 had already been provided.
New documents were provided for items 2, 3, 5, 6, 9 10, 12, 13 and 14.
Item 4 - confidential paper from Teaching and Learning Committee on 30 November 2022 – to the best of his knowledge this does not exist.
Item 7 - Headteachers Report for Teaching & Learning Committee on 6 March 2023 –there was no formal headteachers report.
Item 8 - Chair of Governors Report for Full Governing Board meeting on 28 March 2023 – there was no formal report, this was a verbal update.
Item 11 - Agenda, Minutes and documentation from Teaching and Learning Committee dated 8 February 2023 – this meeting did not take place, it was postponed until 6 March 2023.
Mr Nelson says that these documents have been redacted under section 40 FOIA to protect personal information. He apologises on behalf of 5 Dimensions Trust for the delay, and says they were able to produce these documents after contacting Milton Keynes County Council to perform a search on a restricted folder.
The Applicant provided a witness statement relating to breach of the anonymity order. The main points in relation to what she says happened are:
Ms Rebecca Cosgrove (the then Chair of Governors of the Respondent) wrote to the Tribunal on behalf of the Respondent on 15 March 2024, referring to the Applicant as “T”.
On 20 June 2024, the Applicant’s husband received a telephone call from Mr Nelson in relation to 5 Dimensions Trust fulfilling the FOIA request. Mr Nelson was unaware of the Tribunal proceedings and the anonymity order.
On 24 June 2024, the Applicant received an email from the PA to the Headteacher at their son’s current school asking for details of the original FOIA request.
On 28 June 2024, Mr Nelson sent them an email saying that 5 Dimensions Trust had been advised by the GRC that it would need to become a separate party and so was unable to collect the data on their behalf.
The second witness statement from Mr Nelson dated 20 December 2024 addresses the breach of anonymity order. He says:
At the time of the telephone call to the Applicant’s husband on 20 June 2024 he was unaware of the first Tribunal decision, and only made contact in respect of fulfilling the Applicant’s FOIA request. He explained the due diligence process in relation to the School becoming part of 5 Dimensions Trust and that the Trust was offering support as the School did not have capacity. He only became aware of the extent of the dispute during the call.
Prior to the call, only three individuals within 5 Dimensions Trust were aware of the outstanding FOIA request. It had been made clear to them that they must not discuss the matter with any other person, inside or outside the Trust.
The Trust is not a member of the public as such and the disclosure that was made was akin to an internal disclosure to ensure compliance with due diligence and a smooth transition of the School into the Trust.
The transfer has now been completed so the Applicant is in no different position as a result of the breach. The disclosure was not “wilful” and was made with the Applicant’s interests in mind and in the hope of assisting with the FOIA request.
He apologises if any distress was caused to the Applicant.