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The decision of the Upper Tribunal is to allow the appeal
The decision of the Upper Tribunal is to allow the appeal.
The decision of the First-tier Tribunal made on 30 June 2021 (and promulgated on 2 July 2021) under number EA/2019/0066 was made in error of law.
Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 I set that decision aside and remit the case to be reconsidered by the First-tier Tribunal in accordance with the following directions.
Directions
This case is remitted to the First-tier Tribunal for reconsideration.
If any party has any further evidence to put before the First-tier Tribunal this should be sent to Her Majesty's Courts and Tribunals Service within one month of the date on which this decision is issued.
The First-tier Tribunal hearing the remitted appeal is not bound in any way by the decision of the previous First-tier Tribunal. Depending on the findings of fact it makes it may reach the same or a different outcome from that made on 30 June 2021.
A copy of this decision shall be added to the bundle to be placed before the First-tier Tribunal hearing the remitted appeal.
These Directions may be supplemented by later directions by a tribunal judge, registrar or caseworker in the General Regulatory Chamber of the First-tier Tribunal.
REASONS FOR DECISION
What this case is about
- 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