Cutler v The Information Commissioner & The Equality and Human Rights Commission: [2024] UKUT 119 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Mitchell on 12 April 2024.
Read the full decision in .
Judicial Summary
The First-tier Tribunal acted in breach of natural justice by allowing a strike out application on a ground introduced by the tribunal, on which the Appellant’s representations had not been sought. The Upper Tribunal redecided the First-tier Tribunal’s decision rather than remitting the case to that tribunal. The Upper Tribunal held that the Appellant’s appeal did not have a reasonable prospect of success and struck out the proceedings under rule 8(3)(c) of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The Appellant’s communication with the Equality and Human Rights Commission about their 2020 report Investigation into Antisemitism in the Labour Party expressed the Appellant’s personal opinions, sought to generate information (by asking how the report should be interpreted), and asked for the EHRC’s opinion on whether a particular organisation was part of the Jewish community. What the communication did not do was request information held by the EHRC. In the absence of a request for information, within the meaning of the Freedom of Information Act 2000, the appeal to the First-tier Tribunal could not succeed.