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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 (General Regulatory Chamber) (Information Rights) made on 31 July 2023 under number EA/2023/0279 to strike out the proceedings was made in error of law.
Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act 2007 (the “2007 Act”) I set that decision aside and remit the strike out application to be reconsidered by the First-tier Tribunal afresh in accordance with the following directions.
Directions
The Respondent’s strike out application in respect of these proceedings is remitted to the First-tier Tribunal for reconsideration.
The strike out application should be considered by a different judge from the judge who made the decision which I have set aside.
These Directions may be supplemented by later directions by a tribunal judge, registrar or case worker in the General Regulatory Chamber of the First-tier Tribunal.
REASONS FOR DECISION
Factual and procedural background
- Heading
- The decision of the Upper Tribunal is to allow the appeal
- The background to this appeal is that Mr Puchooa has, since at least mid-2018, been concerned about anti-social behaviour ( “ASB” ) in the street where he lives. He entered into correspondence with va
- On 20 June 2022, in exercise of his rights under section 1 of the Freedom of Information Act 2000 ( “FOIA” ), Mr Puchooa made a request to his local authority for certain information concerning the in
- 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 t
- The permission stage
- The parties’ positions
- Why there was no oral hearing of this appeal
- Why I have allowed this appeal
- Conclusions