Bishop v The Information Commissioner [2025] UKFTT 1217 (GRC) (09 October 2025)

Bishop v The Information Commissioner [2025] UKFTT 1217 (GRC) (09 October 2025)

The Tribunal has no jurisdiction under section 166 DPA 2018 because the Information Commissioner provided an outcome to the Applicant's complaint and took appropriate procedural steps. Section 166 is limited to procedural failings, not substantive outcomes, and the remedies sought by the Applicant are outside the Tribunal's powers. There is no reasonable prospect of the application succeeding.

Citation
[2025] UKFTT 1217 (GRC)
Parties
Applicant: Katherine Bishop; Respondent: The Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
09 October 2025
Procedural Posture
First Tier Tribunal (general Regulatory Chamber) Information Rights / Strike Out Application Decided Without a Hearing
Outcome
Application struck out for want of jurisdiction and no reasonable prospect of success.
Legal Topics
Section 166 Data Protection Act 2018, Subject Access Request (sar), Procedural Jurisdiction, ICO Complaint Process, Tribunal Powers
Data Protection Information Rights Administrative Law Section 166 Data Protection Act 2018 Subject Access Request (sar) Procedural Jurisdiction ICO Complaint Process Tribunal Powers

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Parties

Katherine Bishop

Applicant

The Information Commissioner

Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights / Strike Out Application Decided Without a Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under section 166(2) DPA 2018 to consider the application
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps in handling the complaint
  3. 3 Whether the Tribunal can grant the substantive remedies sought by the Applicant

Ratio Decidendi

The Tribunal has no jurisdiction under section 166 DPA 2018 because the Information Commissioner provided an outcome to the Applicant's complaint and took appropriate procedural steps. Section 166 is limited to procedural failings, not substantive outcomes, and the remedies sought by the Applicant are outside the Tribunal's powers. There is no reasonable prospect of the application succeeding.

Court Disposition

Application struck out for want of jurisdiction and no reasonable prospect of success.

Orders

  • The application is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to deal with it.
  • The application is struck out under Rule 8(3)(a) because there is no reasonable prospect of it succeeding.