Claire Stretton v The Royal Borough of Windsor and Maidenhead & Anor

Claire Stretton v The Royal Borough of Windsor and Maidenhead & Anor

The Council failed to comply with the Tribunal's substituted decision notice within the required deadline, constituting contempt of court were the Tribunal a court with power to commit. However, the contempt was committed negligently, not wilfully, and the substituted decision notice was ultimately complied with, albeit late. In all the circumstances, certification of contempt to the Upper Tribunal would be disproportionate, so the Tribunal declines to exercise its discretion under section 61(4) FOIA.

Parties
Applicant: Claire Stretton; First Respondent: The Royal Borough of Windsor and Maidenhead; Second Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Application for Certification of Contempt / Determination on the Papers
Outcome
Application refused
Legal Topics
Contempt of Court, Enforcement of Tribunal Decisions, Freedom of Information Act 2000, Tribunal Procedure
Information Rights Administrative Law Contempt of Court Enforcement of Tribunal Decisions Freedom of Information Act 2000 Tribunal Procedure

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Parties

Claire Stretton

Applicant

The Royal Borough of Windsor and Maidenhead

First Respondent

The Information Commissioner

Second Respondent

Procedural Posture

Application for Certification of Contempt / Determination on the Papers

Legal Issues

  1. 1 Whether the Council's failure to comply with the Tribunal's substituted decision notice constitutes contempt of court under section 61 FOIA
  2. 2 Whether the Tribunal should exercise its discretion to certify the contempt to the Upper Tribunal

Ratio Decidendi

The Council failed to comply with the Tribunal's substituted decision notice within the required deadline, constituting contempt of court were the Tribunal a court with power to commit. However, the contempt was committed negligently, not wilfully, and the substituted decision notice was ultimately complied with, albeit late. In all the circumstances, certification of contempt to the Upper Tribunal would be disproportionate, so the Tribunal declines to exercise its discretion under section 61(4) FOIA.

Court Disposition

Application refused