Maya Forstater v The Information Commissioner & Ors

Maya Forstater v The Information Commissioner & Ors

The Judicial College is not a public authority for purposes of FOIA because it is not listed in Schedule 1 and is not the same body as the Judicial Studies Board. The transition in 2011 created a new body, and only bodies expressly listed or designated are subject to FOIA obligations.

Parties
Appellant: Ms Maya Forstater; First Respondent: The Information Commissioner; Second Respondent: The Ministry of Justice; Third Respondent: The Judicial College
Jurisdiction
England and Wales
Judgment Date
14 December 2023
Procedural Posture
Appeal / Upper Tribunal Judgment
Outcome
Appeal dismissed
Legal Topics
Public Authority Definition, Statutory Interpretation, FOIA Schedule 1, Judicial Independence
Administrative Law Freedom of Information Public Authority Definition Statutory Interpretation FOIA Schedule 1 Judicial Independence

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Parties

Ms Maya Forstater

Appellant

The Information Commissioner

First Respondent

The Ministry of Justice

Second Respondent

The Judicial College

Third Respondent

Procedural Posture

Appeal / Upper Tribunal Judgment

Legal Issues

  1. 1 Is the Judicial College a public authority for purposes of FOIA?
  2. 2 Does the Judicial College hold the requested information?
  3. 3 Does the Ministry of Justice hold the requested information?

Ratio Decidendi

The Judicial College is not a public authority for purposes of FOIA because it is not listed in Schedule 1 and is not the same body as the Judicial Studies Board. The transition in 2011 created a new body, and only bodies expressly listed or designated are subject to FOIA obligations.

Court Disposition

Appeal dismissed

Orders

  • The decision of the First-tier Tribunal dated 30 November 2021 is upheld.
  • No error of law found.