Liam Harron v Information Commissioner & Anor
[2023] UKFTT 257 (GRC)
Liam Harron v The Information Commissioner
28 February 2023
[2023] UKFTT 220 (GRC)
First-tier Tribunal
Someone appealed a decision about a request for information. The judge said they couldn't hear the appeal because the appeal didn't challenge the original decision, just asked for it to be looked at again. The appeal was thrown out.
Key Facts
- •Liam Harron appealed the Information Commissioner's Decision Notice (19 October 2022) regarding an information request to Rotherham Metropolitan Borough Council (RMBC).
- •The Decision Notice found RMBC had already provided the requested information.
- •Harron's grounds for appeal claimed the Information Commissioner's caseworker's reasoning was flawed and requested a review of the Decision Notice.
- •Both the Information Commissioner and RMBC applied for the appeal to be struck out.
- •The appeal was heard on the papers on 28 February 2023.
Legal Principles
Tribunal jurisdiction in FOIA appeals
Freedom of Information Act 2000 (FOIA)
Tribunal Rule 8(2)(a) – striking out for lack of jurisdiction
First-tier Tribunal (General Regulatory Chamber) Rules
Tribunal Rule 8(3)(c) – striking out for lack of reasonable prospects of success
First-tier Tribunal (General Regulatory Chamber) Rules
Outcomes
Appeal struck out
The Tribunal lacked jurisdiction to determine the appeal as the grounds did not challenge the Decision Notice's legality or involve an inappropriate exercise of discretion. The appeal essentially requested a review, not a substituted decision, which is beyond the Tribunal's powers under s. 58 FOIA.