References to numbers in square brackets are (unless the context indicates otherwise) to paragraphs of the FTT’s decision The decision of the FTT
References to numbers in square brackets are (unless the context indicates otherwise) to paragraphs of the FTT’s decision.
The decision of the FTT
The decision of the FTT in question allowed (in part) Mrs O’Hanlon’s appeal under s57 against a decision notice of IC dated 28 September 2021.
At [2], the FTT stated that full details of the background to the appeal, Mrs O’Hanlon’s request for information, and IC’s decision were set out in IC’s decision notice – and were not repeated in the FTT decision. For the sake of introducing the background, I note the following from IC’s decision notice:
Mrs O’Hanlon had requested information about demolition work at a particular site
HSE is the statutory body responsible for the regulation and enforcement of workplace health, safety and welfare within the UK. Its statutory powers and responsibilities provide HSE’s inspectors with powers of entry to workplaces, powers to investigate incidents and powers to take enforcement action, including prosecution, against those responsible for offences under the relevant health and safety legislation
At the time of Mrs O’Hanlon’s request, HSE was investigating a concern that had been raised by a member of the public regarding demolition work at the site in question, and the removal of asbestos.
- Heading
- The appeal is allowed in part
- References in what follows to
- References to numbers in square brackets are (unless the context indicates otherwise) to paragraphs of the FTT’s decision The decision of the FTT
- set out a chronology, as follows
- At [2], the FTT stated that the appeal concerned Mrs O’Hanlon’s contention that
- The grant of permission to appeal
- Responses to the grant of permission
- The Upper Tribunal’s analysis
- Why the FTT erred in finding that HSE held no other information within scope of Mrs O’Hanlon’s request
- Whether the FTT’s error was material
- Email of 24 March 2020 from A Ltd to HSE
- Email from A Ltd to HSE of 17 March 2020
- Prohibition notice served on the site developer on 6 April 2020
- Notification of contravention letters served against Amark
- Conclusions
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