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The FTT’s Consent to Withdraw Decision
The FTT’s Consent to Withdraw Decision
The FTT’s decision consenting to the Met Police withdrawing its appeal was made on 16 January 2024. I set out the key parts of it. However, I note here that although the FTT set out most of the relevant parts of the background in the decision (which I have not included below), it did not refer to, or otherwise obviously take into account, the ICO’s email of 12 January 2024.
- Heading
- The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on16 January 2024under case numberEA/2023/0340was made in error of law and is set aside
- Introduction
- Relevant factual background
- The FTT’s Consent to Withdraw Decision
- “DECISION
- this document is formal notification of the taking effect of the withdrawal further to rule 17(5) 2009 Rules… Decision on withdrawal
- As regards the lateness of the withdrawal and the absence of an explanation for that lateness
- Relevant law Section 1 of FOIA provides, subject to immaterial exceptions on this appeal, the core duty under FOIA. It states
- Section 50 of FOIA is about complaints to the Information Commissioner and sets out (insofar as is relevant)
- The parties’ arguments
- Conclusions