Deacon v The Information Commissioner & Anor [2025] UKFTT 268 (GRC) (03 March 2025)

The Ministry of Justice did not hold the disputed information for the purposes of FOIA because such information, if it exists, is held by the Employment Tribunal for its own purposes and is exempt under section 32(1); the Employment Tribunal is not a public authority under FOIA; and the MoJ complied with its duty to provide advice and assistance.

Citation: [2025] UKFTT 268 (GRC)
Parties: Appellant: Thomas Deacon; First Respondent: The Information Commissioner; Second Respondent: Ministry of Justice
Jurisdiction: United Kingdom
Judgment Date: 03 March 2025
Procedural Posture: First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Final Decision on Appeal, Determined on the Papers
Outcome: Appeal dismissed
Legal Topics: Freedom of Information Act 2000, Public Authority Obligations, Court and Tribunal Records, FOIA Exemptions, Jurisdiction of Tribunals

Information Law Administrative Law Freedom of Information Act 2000 Public Authority Obligations Court and Tribunal Records FOIA Exemptions Jurisdiction of Tribunals

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Parties

Thomas Deacon

Appellant

The Information Commissioner

First Respondent

Ministry of Justice

Second Respondent

Procedural Posture

First Tier Tribunal (general Regulatory Chamber) Information Rights Appeal / Final Decision on Appeal, Determined on the Papers

Legal Issues

1 Whether the Ministry of Justice held the requested information for the purposes of FOIA
2 Whether Employment Tribunal judgments and related documents are subject to FOIA
3 Whether section 32(1) FOIA exemption applies to tribunal records

Ratio Decidendi

Court Disposition

Appeal dismissed