Ali Hajimi v The Information Commissioner
[2023] UKFTT 756 (GRC)
Rowland James Spencer v The Information Commissioner
4 January 2024
[2023] UKFTT 1064 (GRC)
First-tier Tribunal
Someone asked the ICO for information and didn't get everything they wanted. Instead of complaining to the ICO first, they went straight to court. The court said they couldn't hear the case because the person skipped a step, so it threw the case out.
Key Facts
- •Mr. Spencer requested information from the ICO under the Freedom of Information Act (FOIA).
- •The ICO provided partial information and outlined the internal review and complaint procedures.
- •Mr. Spencer appealed to the Tribunal before lodging a formal complaint with the ICO.
- •The appeal was made on 30 September 2023, after the ICO's response to the internal review on 15 September 2023.
Legal Principles
A person dissatisfied with a public authority's reply to a FOIA request can complain to the Information Commissioner.
FOIA, section 50
The Commissioner either informs the complainant they haven't made a decision or issues a Decision Notice.
FOIA, section 50(3)
Appeals to the Tribunal are from a Decision Notice.
FOIA, section 57(1)
The Tribunal must strike out proceedings if it lacks jurisdiction and cannot transfer the case.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, Rule 8(2)
Outcomes
The appeal was struck out.
Mr. Spencer did not lodge a complaint under section 50 FOIA before appealing to the Tribunal. Therefore, no Decision Notice was issued, leaving the Tribunal without jurisdiction under section 57 FOIA. Rule 8(2)(a) of the 2009 Rules mandates striking out the appeal.