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Conclusions
Disposal
For the reasons I have explained, I find that the Tribunal’s decision involved a material error of law and should be set aside. I have decided that it is not appropriate for me to remake the decision. Further facts need to be found and the First-tier Tribunal, with its expert members, is best equipped to determine the appeal. I therefore remit the matter to the First-tier Tribunal in accordance with the Directions above.
Thomas Church
Judge of the Upper Tribunal Authorised for issue on 3 October 2023
- Heading
- The decision of the Upper Tribunal is to allow the appeal
- This case is about the Freedom of Information Act 2000 ( “FOIA” ), which provides for a general right to disclosure of information held by public authorities, subject to certain exemptions It raises the legal issue of whether, when faced with a docum
- Factual background Homes for Haringey ( “HfH” ) was set up by Haringey Council (the “Council” ) in 2006 to manage its housing stock comprising approximately 21,000 leasehold properties, some of which were rented, and ot
- HLA was established in 2000 to provide representation to 4,500 leaseholders of Haringey Council. HLA has from time to time been ‘recognised’ by HfH as a consultative body for leaseholders, a status th
- The requests
- Procedural background
- Grounds of appeal
- The positions of the parties
- The Information Commissioner (First Respondent)
- Homes for Haringey (Second Respondent)
- The law
- Discussion
- Ground 2
- Ground 4
- Ground 7
- Conclusions