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Martin-Clark v (1) ICO; (2) HfH
[2023] UKUT 245 (AAC)
IN THE UPPER TRIBUNAL Appeal No.UA-2021-000415-GIA
ADMINISTRATIVE APPEALS CHAMBER
On appeal from the First-tier Tribunal (General Regulatory Chamber)
Between:
Mr Nick Martin-Clark
Appellant
- v –
The Information Commissioner
First Respondent
Homes for Haringey
Second Respondent
Before: Upper Tribunal Judge Church
At Field House, London on 14 March 2023
Representation:
Appellant: Mr Sam Fowles of counsel, instructed by Bark & Co. Solicitors Limited
First Respondent: Mr Peter Lockley of counsel (written submissions only)
Second Respondent: Mr Julian Blake of counsel, instructed by Trowers & Hamlins LLP
DECISION
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- 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