Mark Bill v The Information Commissioner
[2023] UKFTT 669 (GRC)
Jonathan Holden v The Information Commissioner
2 August 2023
[2023] UKFTT 642 (GRC)
First-tier Tribunal
Someone asked the government why they weren't making another government office meet deadlines. The government said they didn't have that information. A judge agreed and threw out the case because the question wasn't about information the government held.
Key Facts
- •Jonathan Holden appealed a decision notice (DN) from the Information Commissioner (IC) concerning a Freedom of Information Act 2000 (FOIA) request.
- •The request concerned the ICO's inaction regarding the Parliamentary and Health Service Ombudsman's (PHSO) failure to meet statutory deadlines for SARs and FOI requests.
- •The ICO stated it did not hold the requested information and the IC upheld this decision.
- •The IC's strike-out application argued the appeal had no reasonable prospect of success.
Legal Principles
A section 57 FOIA appeal can only succeed if the DN contains an error of law or the IC's discretion was inappropriately exercised.
Freedom of Information Act 2000
The FOIA provides rights regarding held information, not requests for explanations or clarifications unless such responses are recorded.
Freedom of Information Act 2000
A strike-out application under FTT Rule 8(3)(c) should be considered similarly to a CPR 3.4 application in civil proceedings; the appeal must have a realistic prospect of success.
HMRC v Fairford Group [2014] UKUT 0329 (TCC)
Outcomes
The IC's strike-out application was granted.
The appeal raised no arguments regarding material legal conclusions of the DN and did not present a triable issue.