Clitheroe v Information Commissioner & Anor [2023] UKFTT 299 (GRC) (16 March 2023)

Clitheroe v Information Commissioner & Anor [2023] UKFTT 299 (GRC) (16 March 2023)

The Tribunal found that, on the balance of probabilities, the Trust did not hold any further information within the scope of the Appellant's FOIA request at the time of the request. Although there was an error of law in the Decision Notice due to the late disclosure of certain documents, this was remedied and no further action is required. The Tribunal accepted the adequacy of the Trust's searches and rejected allegations of deliberate concealment or malfeasance.

Citation
[2023] UKFTT 299 (GRC)
Parties
Appellant: Janet Clitheroe; First Respondent: The Information Commissioner; Second Respondent: Lancashire and South Cumbria NHS Foundation
Jurisdiction
United Kingdom
Judgment Date
16 March 2023
Procedural Posture
FOIA Appeal / First Tier Tribunal (general Regulatory Chamber) Decision on Appeal
Outcome
Appeal allowed in part (error of law in Decision Notice), but no further action required.
Legal Topics
Freedom of Information Act 2000, Public Sector Procurement, Disclosure Obligations, Statutory Exemptions, Procedural Compliance
Information Law Administrative Law Freedom of Information Act 2000 Public Sector Procurement Disclosure Obligations Statutory Exemptions Procedural Compliance

Case Brief

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Parties

Janet Clitheroe

Appellant

The Information Commissioner

First Respondent

Lancashire and South Cumbria NHS Foundation

Second Respondent

Procedural Posture

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

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 obligations under section 1(1) FOIA
  3. 3 Whether the Trust's searches for information were adequate

Ratio Decidendi

The Tribunal found that, on the balance of probabilities, the Trust did not hold any further information within the scope of the Appellant's FOIA request at the time of the request. Although there was an error of law in the Decision Notice due to the late disclosure of certain documents, this was remedied and no further action is required. The Tribunal accepted the adequacy of the Trust's searches and rejected allegations of deliberate concealment or malfeasance.

Court Disposition

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