[2025] UKUT 171 (AAC)

Determining whether a body is exercising the judicial power of the state involves a holistic assessment of its functions and powers;

The nature of a holistic assessment and the requirement to carry one out indicates that the absence (or presence) of a particular individual feature is less likely to be decisive;

A body’s functions may evolve over time, and therefore the holistic assessment of whether it is exercising the judicial power of the state may also change;

One should avoid focusing on whether a body has procedures or processes that are particularly similar to, or distinct from, a body that has been held to exercise the judicial power of the state. That approach risks applying the incorrect test and not the one prescribed by section 32 of FOIA;

Exercising the judicial power of the state should not be confused with “acting judicially” in the sense of performing functions with a judicial mind and applying principles of natural justice;

In a similar way, the fact a body is subject to requirements in term of how it approaches its decision-making, as a result of being subject to Article 6 of ECHR, should not be confused with a confirmation that those requirements, of themselves, indicate it is exercising the judicial power of the state; and

A body does not become a court within the meaning of section 32(4)(a) of FOIA by adopting particular processes or nomenclatures for itself / its actions. The test is, and remains, whether it is exercising the judicial power of the state and requires an assessment of its functions and powers.