Rowland James Spencer v The Information Commissioner
[2023] UKFTT 1064 (GRC)
Ali Hajimi v The Information Commissioner
14 September 2023
[2023] UKFTT 756 (GRC)
First-tier Tribunal
Someone complained to the Information Commissioner about not getting information. The Commissioner said the complaint was pointless and didn't make a formal decision. The court said it couldn't hear the appeal because the Commissioner didn't make a formal decision, only a notification that they wouldn't proceed.
Key Facts
- •Ali Hajimi (appellant) complained to the Information Commissioner (ICO) on 3 April 2023 about a public authority's handling of a Freedom of Information request.
- •The ICO dismissed the complaint as frivolous or vexatious under section 50(2)(c) of the Freedom of Information Act 2000.
- •The ICO notified the appellant of this decision, but did not issue a decision notice under section 50(3)(b).
- •The appellant appealed to the First-tier Tribunal (FTT), arguing that the ICO's decision was appealable.
- •The FTT found that it lacked jurisdiction to hear the appeal because the ICO had not issued a decision notice.
Legal Principles
The Information Commissioner must make a decision on an application under section 50 of the Freedom of Information Act 2000 unless the application is frivolous or vexatious.
Freedom of Information Act 2000, section 50(2)(c)
If the Commissioner decides not to make a decision under section 50, they must notify the complainant of their grounds for not doing so.
Freedom of Information Act 2000, section 50(3)(a)
An appeal to the First-tier Tribunal lies only if the Information Commissioner issues a decision notice under section 50(3)(b) of the Freedom of Information Act 2000.
Freedom of Information Act 2000, section 57
Outcomes
The appeal was struck out.
The First-tier Tribunal lacked jurisdiction to hear the appeal because the Information Commissioner had not issued a decision notice under section 50(3)(b) of the Freedom of Information Act 2000. The Commissioner's decision not to proceed was made under section 50(3)(a), which only requires notification, not a decision notice.