Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 134 (AAC)

Fecha: 03-May-2024

The appeal is allowed

The appeal is allowed.

The decision of the First-tier Tribunal under reference EA/2022/0243, made on 9 January 2023, and striking out the Appellant’s appeal to the First-tier Tribunal, involved the making of an error in point of law.

Under section 12(2)(a) and (b)(ii) of the Tribunals, Courts and Enforcement Act 2007, I set that decision aside and remake that decision. My remade decision is to refuse to strike out the Appellant’s appeal to the First-tier Tribunal.

REASONS FOR THE DECISION

References in what follows to

“sections” or “s” are to sections of the Freedom of Information Act 2000

the “FTT” are to the First-tier Tribunal

the “FTT decision” are to the FTT decision under reference EA/2022/0243, issued on 9 January 2023, and striking out the appeal under s57 of the Appellant (“Mr Burton”) against a decision notice (“IC’s decision notice”) of the Respondent (“IC”) dated 2 August 2022, as having no reasonable prospect of success

numbers in square brackets are to paragraphs of the FTT decision

“DHSC” are to the Department of Health & Social Care.