Gramam Nightingale v The Information Commissioner
[2024] UKFTT 93 (GRC)
Jonathan Hall v The Information Commissioner
15 November 2024
[2024] UKFTT 1034 (GRC)
First-tier Tribunal
Someone complained about how the police handled their request for information. The Information Commissioner decided the police did a good enough job. The person tried to appeal, but the court said it couldn't change the Commissioner's mind; their appeal only covered process, not the actual decision on the police's actions. The appeal was thrown out.
Key Facts
- •Jonathan Hall made a subject access request to the National Crime Agency (NCA).
- •He complained to the Information Commissioner (Commissioner) about the NCA's handling of his request.
- •The Commissioner found the NCA had taken reasonable steps and no further action was needed.
- •Hall appealed to the First-tier Tribunal (FTT), which was treated as an application under section 166(2) of the DPA.
- •The Commissioner applied to strike out the application for lack of jurisdiction and no reasonable prospect of success.
- •Hall did not respond to the strike-out application.
Legal Principles
Section 166(2) of the DPA provides a procedural remedy, not a merit-based review of the Commissioner's decision.
Killock & Veale & others v Information Commissioner [2021] UKUT 299 (AAC)
The Tribunal has no power to consider the merits of a complaint against the Commissioner's decision; only procedural failings under section 166.
Killock & Veale & others v Information Commissioner [2021] UKUT 299 (AAC)
Tribunals should firmly resist attempts to divert from procedural failings listed in s.166 to a decision on the merits.
Killock & Veale & others v Information Commissioner [2021] UKUT 299 (AAC)
Rule 8(3)(a) and/or (c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 allows for strike out if the tribunal lacks jurisdiction or the application has no reasonable prospect of success.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
Outcomes
The applicant's notice of application is struck out.
The Tribunal lacked jurisdiction to review the Commissioner's substantive findings. Even if jurisdiction existed, the application had no reasonable prospect of success as the applicant had received all that could be ordered under section 166(2).