Department of Health and Social Care -v- The Information Commissioner: [2020] UKUT 299 (AAC)
Upper Tribunal Administrative Appeals Chamber decision of The Hon Mrs Justice Farbey Chamber President on 29 October 2020.
Read the full decision in .
Judicial Summary
Information Rights – section 35(1(a) FOIA exemption ‘chilling effect’ and ‘safe space’ – section 2(2)(b) balancing exercise – whether the FTT misdirected itself in law and failed to give proper weight to the prejudice to the public interest that would be caused by disclosure – whether the FTT failed to place any weight on the harm that disclosure would cause to the public interest in protecting the “safe space” for policy formulation – whether the tribunal misdirected itself on the question of “live” policy formulation – whether the FTT was wrong to focus on the contents of documents as individual packets of information rather than considering the documents as a whole or considering the whole of the information in a document as a package.