Coombs v Information Commissioner and The Buckinghamshire Grammar Schools: [2023] UKUT 157 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Citron on 5 July 2023.
Read the full decision in .
Judicial Summary
Information Rights - adequacy of reasons in First-tier Tribunal’s decision - first ground of appeal concerned First-tier Tribunal’s finding that public authority did not hold information (a statistician’s report) despite indications in contemporaneous documentation that the report would be sent to it - Held: First-tier Tribunal’s finding was adequately explained, as was based on direct knowledge of witnesses, whom First-tier Tribunal found to be credible and reliable - second ground of appeal concerned First-tier Tribunal’s finding of advantage to private tutors, if requested information disclosed - First-tier Tribunal found that “tutors’ advantage” was to be given overbearing weight in “public interest benefit test” - exemptions in s41 and s43 Freedom Of Information Act considered - Held: it was not adequately explained as to why the requested information would have the advantageous effect - not sufficient that First-tier Tribunal found respondents’ witnesses to be generally credible and reliable, as (i) their opinions were challenged by the appellant; (ii) the challenge was rational and intelligible and (ii) this was a matter of reasoned opinion (not in direct experience of any of the witnesses) - First-tier Tribunal failed to explain why rejected appellant’s challenge to the evidence - material error of law - First-tier Tribunal decision set aside - remitted to fresh First-tier Tribunal for rehearing.