Janet Clitheroe v The Information Commissioner & Anor

Janet Clitheroe v The Information Commissioner & Anor

The Tribunal found that, although the Trust failed to identify and disclose certain documents at the time of the original request and Decision Notice, these omissions were subsequently remedied. On the balance of probabilities, no further information within the scope of the request was held by the Trust at the time of the request. The Decision Notice was in error of law due to the late disclosure, but no further action is required as compliance has now been achieved.

Parties
Appellant: Janet Clitheroe; First Respondent: Information Commissioner; Second Respondent: Lancashire and South Cumbria NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
16 March 2023
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Papers
Outcome
Appeal allowed in part (error of law in Decision Notice), but no further action required
Legal Topics
Freedom of Information, Public Procurement, Statutory Compliance, Jurisdiction of Tribunal
Information Law Administrative Law Freedom of Information Public Procurement Statutory Compliance Jurisdiction of Tribunal

Case Brief

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Parties

Janet Clitheroe

Appellant

Information Commissioner

First Respondent

Lancashire and South Cumbria NHS Foundation Trust

Second Respondent

Procedural Posture

FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Papers

Legal Issues

  1. 1 Whether the Trust held further information within the scope of the FOIA request at the time of the request
  2. 2 Whether the Trust complied with its statutory obligations under FOIA, including sections 1 and 10
  3. 3 Whether the Commissioner’s Decision Notice was in error of law

Ratio Decidendi

The Tribunal found that, although the Trust failed to identify and disclose certain documents at the time of the original request and Decision Notice, these omissions were subsequently remedied. On the balance of probabilities, no further information within the scope of the request was held by the Trust at the time of the request. The Decision Notice was in error of law due to the late disclosure, but no further action is required as compliance has now been achieved.

Court Disposition

Appeal allowed in part (error of law in Decision Notice), but no further action required