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The FOIA request and the Information Commissioner’s Decision Notice
The FOIA request and the Information Commissioner’s Decision Notice
On 21 August 2019 Mr Shipton wrote to the Council requesting all the information it held on himself and his wife and on two properties they had purchased from the Council (both former public conveniences). The Council replied on 6 September 2019 to the effect that it held no additional information beyond that which had already been previously provided to the Shiptons’ solicitor. However, notwithstanding this assurance, further information was in fact identified and disclosed following an internal review by the Council. Mr Shipton remained dissatisfied and lodged a complaint with the Commissioner. Responding to that complaint, Decision Notice IC-42416-N9Q3 (dated 7 January 2021) concluded that “on the balance of probabilities, the council has disclosed all the relevant information that it holds and complied with section 1 of the FOIA” (paragraph [27]). Accordingly, the Commissioner did not require the Council to take any steps.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal dated 28 November 2022 under number EA/2021/0034 involves an error of law. However, the First-tier Tr
- The sole issue on this appeal to the Upper Tribunal
- The outcome of the appeal
- The parties to this appeal
- The FOIA request and the Information Commissioner’s Decision Notice
- A chronology of the proceedings in the First-tier Tribunal
- The Upper Tribunal’s grant of permission to appeal
- The proceedings before the Upper Tribunal
- The Appellant’s submissions on his notice of appeal
- The Information Commissioner’s submissions in response
- The Council’s submissions in response
- The Appellant’s submissions in reply
- The rules governing the composition of the First-tier Tribunal
- The natural justice point
- Disposal
- Conclusions