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England and Wales decisions
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The rules of Housing 35 Plus Limited do not require that all management decisions are made by members in general meeting; the management committee is empowered to make such decisions. Therefore, the statutory exemption under schedule 14, paragraph 2B(2)(b) of the Housing Act 2004 does not apply, and the properties require licensing as HMOs.
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The Tribunal dismissed a FOIA appeal by Mark Armstrong, finding Humberside Police properly relied on section 21 and had not failed in its search, advice, or review handling.
Upper Tribunal held FOIA, not EIR, applied to one request and upheld the section 36 ruling, but found errors in the section 41 analysis for a second request.
The tribunal dismissed Keith Gordon’s FOIA appeal, holding HMRC was entitled to withhold pro bono costs-payment information because disclosure would identify the taxpayers involved.
The Tribunal dismissed an appeal seeking anonymised CT600 corporation tax data, holding that disclosure would still enable identification and engage section 23 CRCA and section 44 FOIA.
The requested information, being lists of documents relating to registered titles, was not 'held' by HM Land Registry for FOIA purposes as compiling such lists required skill and judgment; even if the documents themselves were requested, they would be exempt under s21 FOIA as reasonably accessible by other means.
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The redacted Section 9 information is, as a matter of fact, information provided in confidence by third parties and is protected by section 24(1) ASPA and section 44(1) FOIA; the Tribunal is bound by domestic appellate authority that there is no Article 10 ECHR right to access information under FOIA and cannot read down section 24(1) ASPA; the appeal is dismissed.
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The Tribunal partly allowed Monmouthshire County Council’s appeal, rejecting section 41 but accepting section 43 to withhold limited report passages about the Newport Leisure Park purchase.
The Upper Tribunal held that the First-tier Tribunal erred in law on a FOIA section 31 prevention-of-crime analysis and set aside the decision, remitting both appeals.
The FCA was entitled to rely on section 44 of FOIA to refuse to confirm or deny holding the requested information because the information constituted 'confidential information' under section 348 of the Financial Services and Markets Act 2000, which prohibits disclosure without consent. The term 'person' includes bodies corporate, and the Tribunal's remit does not extend to policy considerations.
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