[2024] UKUT 320 (AAC)

In a sentence, the outcome of the first instance appeal was that the First-tier Tribunal upheld the Commissioner’s Decision Notice and dismissed the Appellant’s appeal. Mr Craddock now appeals to the Upper Tribunal on three grounds.

First, he submits that the First-tier Tribunal erred in law in finding that the tithe information, available to view at the Council’s archive centre, was ‘publicly available’ within the meaning of EIR regulation 6(1)(b).

Second, the Appellant contends that the First-tier Tribunal erred in law in finding that the tithe information was ‘easily accessible to the applicant in another form or format’, also within the meaning of regulation 6(1)(b).

Third, Mr Craddock argues that the First-tier Tribunal erred in law in finding that the information was, under FOIA, ‘reasonably accessible’ to him and so exempt from disclosure under section 21 of FOIA.

The Information Commissioner resists the appeal on all three bases and in effect seeks to cross-appeal on the third ground, submitting that the FOIA regime was not applicable in any event by virtue of the exemption in section 39 of FOIA.