Dr Michael Smith v The Information Commissioner: [2022] UKUT 261 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Macmillan on 15 September 2022 .
Read the full decision in .
Judicial Summary
It was not an error of law for the First-tier Tribunal to decide, in an appeal against a decision notice issued under s.50 Freedom of Information Act, that the tribunal has no jurisdiction to consider a subsequent response by the public authority under Part I of the Act which post-dates the decision notice and which was not the subject of the s.50 complaint with which the decision notice is concerned. Where, following a s.50 decision notice or s.58 substituted decision notice, a public authority provides a subsequent response to the information request, nothing in the Act prohibits the information requester from making a further s.50 complaint, or the Commissioner from issuing a successive decision notice against which there is a right of appeal.