[2024] UKUT 290 (AAC)

On 5 May 2023 the Information Commissioner issued Decision Notice IC-199663-K9B6 (the “Decision Notice”). In the Decision Notice the Information Commissioner accepted the local authority’s evidence that no other ASB officer was involved in investigating Mr Puchooa’s complaints of ASB and he accepted that the local authority had explained to Mr Puchooa how decisions were reached by ASB investigators, and no other information was held setting out how conclusions were reached. The Information Commissioner concluded that the local authority had discharged its obligations under FOIA and no further action was required.

Mr Puchooa was unhappy with this outcome and on 2 June 2023 he appealed the Decision Notice to the First-tier Tribunal (General Regulatory Chamber). On 12 June 2023 the Information Commissioner filed his response to the appeal. His response included an application for the proceedings to be struck out pursuant to rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 (the “FtT Rules”).

Mr Puchooa was invited to file a response to the strike out application, which he duly did, and on 2 August 2023 Judge Brian Kennedy KC of the First-tier Tribunal struck out the proceedings (the “Strike Out Decision”). It is the Strike Out Decision that is the decision under appeal.