FT/EA/2025/0126 - [2025] UKFTT 01344 (GRC)

The Role of the Tribunal

The Tribunal’s remit is governed by section 58 FOIA. This requires the Tribunal to consider whether the decision made by the IC is in accordance with the law or, where the IC’s decision involved exercising discretion, he should have exercised it differently. If we are satisfied that the IC’s decision notice is in error of law or involves an inappropriate exercise of discretion then we will allow the appeal and may substitute a decision notice for that of the IC. The Tribunal may receive evidence that was not before the IC and may make different findings of fact from the IC.

The evidence

The Tribunal had before it an OPEN bundle of 322 pages of documents.

The issues

The key issue which the Tribunal needs to decide is whether the Council was entitled to rely on section 14(1) of FOIA and/or Regulation 12(4)(b) of EIR to refuse to respond to the request.