[2023] UKUT 245 (AAC)

The Appellant was unhappy with the Information Commissioner’s Decision Notice and appealed to the First-tier Tribunal. A panel of the First-tier Tribunal (the “Tribunal”) convened on 12 September 2019 for an oral hearing, but the hearing was adjourned because the Tribunal required submissions from HfH. A two-day oral hearing of the appeal took place on 7-8 June 2021, and the Tribunal issued its decision on 2 July 2021. Its decision was to confirm the Information Commissioner’s Decision Notice (the “FtT Decision”).

The Appellant applied to the First-tier Tribunal for permission to appeal the FtT Decision, but his application was refused by a judge of the First-tier Tribunal. The Appellant then applied to the Upper Tribunal for permission. The matter came before me and I granted permission limited to Grounds 2, 3, 4 and 7 of his grounds of appeal on the papers.

The Appellant was unhappy with my limited grant of permission, so he exercised his right of oral renewal. His application was listed before Judge Jacobs, who granted limited permission in respect of Ground 1, as well as the grounds on which I had already granted permission.

The appeal was listed for a one-day oral hearing at Field House, London on 14 March 2023. The Appellant was represented by Mr Sam Fowles, of counsel. Homes for Haringey was represented by Mr Julian Blake, of counsel. I am grateful to Mr Blake and Mr Fowles for their very helpful oral submissions and for their co-operative approach to the hearing, as well as to Mr Peter Lockley of counsel, who provided a clear and succinct skeleton argument on behalf of the First Respondent but did not appear before me.