[2025] UKUT 171 (AAC)

Appeal No. UA-2024-000385-GIA

Between:

Rabbi Gabriel Kanter-Webber

Appellant

- v -

The Information Commissioner

First Respondent

-and-

The Chief Constable of Hampshire Constabulary

Second Respondent

Before: Upper Tribunal Judge J. Butler

Mode of hearing: In person, Field House, London

Representation:

Appellant: Did not take part

1^st Respondent: Mr Leo Davidson, Counsel

2^nd Respondent: Mr John Goss, Counsel

On appeal from:

Tribunal: First-tier Tribunal (General Regulatory Chamber)

Tribunal Case No: EA/2022/0100

NCN: [2024] UKFTT 00090 (GRC)

Tribunal Venue: CVP

Hearing Date: 08 January 2024

Decision Date: 30 January 2024

SUMMARY OF DECISION

Freedom of information – absolute exemptions (93.4).

The Upper Tribunal considered whether the First-tier Tribunal concluded correctly that a police misconduct panel (“PMP”) was a court for the purpose of applying the exemption given in section 32 of the Freedom of Information Act 2000 (“FOIA”).

The Upper Tribunal decided the First-tier Tribunal made errors of law in reaching its decision that the PMP was a court.

At the parties’ request, the Upper Tribunal addressed whether, as a matter of law, PMPs are courts within the meaning of section 32(4)(a) of FOIA. The Upper Tribunal decided they would not meet that definition.

The Upper Tribunal remitted the appeal to the First-tier Tribunal with directions for it to determine the appeal on the basis that the PMP in question is not a court within the meaning of section 32(4)(a) of FOIA, and to decide whether the other exemptions relied on by the Second Respondent (sections 31(1)(g) and 40 of FOIA) apply to the Appellant’s request for information.

Please note the Summary of Decision is included for the convenience of readers. It does not form part of the decision. The Decision and Reasons of the judge follow.

DECISION