Robert Moss v The Information Commissioner
[2023] UKFTT 609 (GRC)
Andrew Robert Varney v The Information Commissioner
19 April 2023
[2023] UKFTT 382 (GRC)
First-tier Tribunal
Someone appealed a decision about a request for information on cyclist fines. The court threw out the appeal because the appeal didn't show any legal mistakes and tried to make the court do something it couldn't.
Key Facts
- •Andrew Robert Varney appealed a Decision Notice from the Information Commissioner regarding a Freedom of Information Act (FOIA) request.
- •The request was made to Transport for London (TfL) about targets for fining cyclists.
- •TfL responded that it did not hold the information, as fining cyclists is the Metropolitan Police's responsibility.
- •The Information Commissioner found TfL complied with FOIA s. 1(1)(a) and (b).
- •The Appellant's grounds for appeal were: (i) factual inaccuracy in the Decision Notice; (ii) failure to address amendment of published responses following appeals.
Legal Principles
Tribunal's role under FOIA s. 57 and s. 58 is to decide whether there's an error of law or inappropriate exercise of discretion in the Information Commissioner's Decision Notice.
FOIA s. 57 & s. 58
A strike-out application under FTT rule 8(3)(c) should be considered similarly to a CPR 3.4 application in civil proceedings.
HMRC v Fairford Group [2014] UKUT 0329 (TCC)
Outcomes
Appeal struck out under rule 8(3)(c) as having no reasonable prospect of success.
The Tribunal lacks jurisdiction to direct a public authority to amend published information; the grounds of appeal do not demonstrate an error of law.