Wise v Information Commissioner [2009] UKFTT EA_2009_0073 (GRC) (08 December 2009)

Wise v Information Commissioner [2009] UKFTT EA_2009_0073 (GRC) (08 December 2009)

The Tribunal found that the IPCC correctly interpreted the request as seeking general information sharing policies, that the information was reasonably accessible, and that no duty to clarify or provide further assistance arose. The grounds of appeal had no realistic prospect of success.

Citation
[2009] UKFTT EA_2009_0073 (GRC)
Parties
Appellant: Tony Wise; Respondent: Information Commissioner
Jurisdiction
United Kingdom
Judgment Date
08 December 2009
Procedural Posture
Information Tribunal Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Request for Information, Section 21 Exemption, Section 16 Advice and Assistance, Section 45 Code of Conduct, Interpretation of Requests
Freedom of Information Administrative Law Request for Information Section 21 Exemption Section 16 Advice and Assistance Section 45 Code of Conduct Interpretation of Requests

Case Brief

Summary, issues, holding and outcome

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Parties

Tony Wise

Appellant

Information Commissioner

Respondent

Procedural Posture

Information Tribunal Appeal / Final Judgment

Legal Issues

  1. 1 Whether the IPCC correctly interpreted the appellant's request under the Freedom of Information Act 2000
  2. 2 Whether the information was reasonably accessible under section 21 of the Act
  3. 3 Whether the IPCC had a duty to seek clarification or provide advice and assistance under section 16 and section 45 Code

Ratio Decidendi

The Tribunal found that the IPCC correctly interpreted the request as seeking general information sharing policies, that the information was reasonably accessible, and that no duty to clarify or provide further assistance arose. The grounds of appeal had no realistic prospect of success.

Court Disposition

appeal dismissed

Orders

  • The Tribunal upholds the decision notice dated 17 August 2009.
  • The appeal is dismissed.