The Cabinet Office v The Information Commissioner

The Cabinet Office v The Information Commissioner

The FTT made a material error of law by failing to adequately interrogate the evidence before it, particularly regarding whether the requested information related to the formulation or development of sub-policies under the high-level policy of maintaining the Union. The FTT's reasoning was too simplistic, focusing only on the high-level policy and not considering whether section 35(1)(a) FOIA could apply to sub-policies. The Upper Tribunal found that section 35(1)(a) was engaged and remitted the case for reconsideration of the public interest test.

Parties
Appellant: The Cabinet Office; First Respondent: The Information Commissioner; Second Respondent: Tommy Sheppard M. P.
Jurisdiction
England and Wales
Judgment Date
05 March 2024
Procedural Posture
Appeal From First Tier Tribunal (general Regulatory Chamber) (information Rights) / Upper Tribunal Judgment on Appeal
Outcome
Appeal allowed; FTT decision set aside; case remitted to a newly constituted FTT for reconsideration.
Legal Topics
FOIA Section 35(1)(a) Exemption, Formulation or Development of Government Policy, Public Interest Test, Tribunal Procedure, Disclosure of Government Held Information
Administrative Law Information Rights Freedom of Information FOIA Section 35(1)(a) Exemption Formulation or Development of Government Policy Public Interest Test Tribunal Procedure Disclosure of Government Held Information

Case Brief

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Parties

The Cabinet Office

Appellant

The Information Commissioner

First Respondent

Tommy Sheppard M. P.

Second Respondent

Procedural Posture

Appeal From First Tier Tribunal (general Regulatory Chamber) (information Rights) / Upper Tribunal Judgment on Appeal

Legal Issues

  1. 1 Did the First-tier Tribunal err in law by concluding that the requested information did not engage the exemption in section 35(1)(a) of the Freedom of Information Act 2000?
  2. 2 Was the information requested related to the formulation or development of government policy or merely its implementation?
  3. 3 Did the FTT fail to consider relevant evidence regarding sub-policies under the high-level policy?

Ratio Decidendi

The FTT made a material error of law by failing to adequately interrogate the evidence before it, particularly regarding whether the requested information related to the formulation or development of sub-policies under the high-level policy of maintaining the Union. The FTT's reasoning was too simplistic, focusing only on the high-level policy and not considering whether section 35(1)(a) FOIA could apply to sub-policies. The Upper Tribunal found that section 35(1)(a) was engaged and remitted the case for reconsideration of the public interest test.

Court Disposition

Appeal allowed; FTT decision set aside; case remitted to a newly constituted FTT for reconsideration.

Orders

  • The decision of the First-tier Tribunal dated 10 June 2021 is set aside for material error of law.
  • The appeal is remitted to a newly constituted First-tier Tribunal for redetermination after an oral hearing.