Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 171 (AAC)

Fecha: 13-Feb-2025

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 30 January 2024 under case number EA/2022/0100 was made in error of law and is set aside The Upper Tribunal remits the appeal to the First-tier

The decision of the Upper Tribunal is to allow the appeal. The decision of the First-tier Tribunal made on 30 January 2024 under case number EA/2022/0100 was made in error of law and is set aside.

The Upper Tribunal remits the appeal to the First-tier Tribunal on the basis that when deciding the appeal:

(a)

The First-tier Tribunal is directed to consider the Appellant’s appeal on the basis that the police misconduct panel in question is not a court within the meaning of section 32(4)(a) of the Freedom of Information Act 2000 (“FOIA”), including at the date of the Appellant’s request for information; and

(b)

The First-tier Tribunal is directed to consider the alternative exemptions identified by the Second Respondent of sections 31(1)(g) and 40 of FOIA.