Mark Jervis v The Information Commissioner
[2023] UKFTT 208 (GRC)
Shelley Jarvis v The Information Commissioner
10 July 2024
[2024] UKFTT 605 (GRC)
First-tier Tribunal
Someone appealed a decision by the Information Commissioner, but the court threw the case out because it didn't have the power to deal with this type of case and the appellant wasn't the right person to be appealing.
Key Facts
- •Appeal against Information Commissioner's decision (reference IC-247478-P0M9).
- •Decision concerned a letter from the Commissioner's criminal investigations team (CRIT) to Brendan Morgan regarding allegations under section 77 of the Freedom of Information Act 2000.
- •Appellant, Shelley Jarvis, is not the complainant to whom the decision was issued.
- •Appellant failed to provide representations against the tribunal's consideration of striking out the appeal.
Legal Principles
The First-tier Tribunal (General Regulatory Chamber) lacks jurisdiction to hear appeals relating to section 77 of the Freedom of Information Act 2000.
Tribunal's inherent jurisdiction
The First-tier Tribunal (General Regulatory Chamber) lacks jurisdiction to hear appeals where the appellant is not the recipient of the challenged decision.
Tribunal's inherent jurisdiction
Rule 5(3)(k)(i) of the Tribunal Procedure Rules is inapplicable where the tribunal lacks jurisdiction.
Tribunal Procedure Rules
Rule 8(2)(a) allows for striking out of an appeal where the tribunal lacks jurisdiction.
Tribunal Procedure Rules
Outcomes
Appeal struck out.
The tribunal lacked jurisdiction to hear the appeal because it related to section 77 of the Freedom of Information Act 2000 and the appellant was not the original complainant.