Mark Jervis v The Information Commissioner
[2023] UKFTT 208 (GRC)
J S Hughes v The Information Commissioner
17 March 2023
[2023] UKFTT 302 (GRC)
First-tier Tribunal
Someone appealed a decision related to a freedom of information request. The court said they can't hear the case because the proper paperwork wasn't filed, and even if it was, they don't have the authority to do anything about it.
Key Facts
- •Applicant appealed to the Information Commissioner under the Freedom of Information Act 2000.
- •The Information Commissioner rejected the application due to an invalid information request; no Decision Notice was issued.
- •The Notice of Appeal was filed 6 days late according to the Registrar.
- •The Applicant requested a fresh consideration of the Registrar's decision to refuse an extension of time.
- •The Applicant argued the Tribunal should direct the Information Commissioner to issue a Decision Notice.
Legal Principles
Time limits for filing Notices of Appeal are calculated according to Tribunal Rule 12, discounting only non-working days at the end of a period, not throughout.
Tribunal’s Rules General Regulatory Chamber
The Tribunal only has jurisdiction to hear Freedom of Information appeals if a Decision Notice has been issued by the Information Commissioner.
Tribunal Rules
Only the Administrative Court can direct the Information Commissioner to issue a Decision Notice.
Not explicitly stated, but inferred.
The Tribunal's case management powers cannot be used to exercise powers not conferred by Parliament.
Not explicitly stated, but implied.
The Tribunal has discretion to extend time limits (Rule 5(3)(a)), but can also strike out appeals lacking jurisdiction (Rule 8(2)(a)).
Tribunal’s Rules
Outcomes
Refusal to extend the time to consider the appeal.
The Tribunal lacked jurisdiction to hear the appeal due to the absence of a Decision Notice from the Information Commissioner. Even if time were extended, the appeal would be struck out.