Dransfield v Information Commissioner (Section 50: Jurisdiction): [2020] UKUT 346 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of Judge Wikeley on 10 December 2020.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 25 January 2021

• Categories: Information rights, Tribunal procedure and practice
• Sub-categories: Information rights - Information rights: practice and procedure, Tribunal procedure and practice - other, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wikeley, N
• Decision date: 10 December 2020

Read the full decision in GIA/399/2020.

Judicial Summary

Information Commissioner (IC)’s e-mail to requester informing him that complaint about public authority not to be investigated as it was considered to be frivolous or vexatious (FOIA s.50(2)(c)) - whether IC’s email a decision notice for the purpose of FOIA ss.50(3)(b) and 57 - whether right of appeal to First-tier Tribunal against decision not to investigate - Judicial review as route to challenge s.50(2) decision - Jurisdiction of First-tier Tribunal - Fish Legal and Shirley v IC [2015] UKUT 52 (AAC) applied - whether IC’s action in excluding requester from access to First-tier Tribunal amounted to contempt of court - FOIA s.61- Raymond v Honey [1983] AC 1 and AD v IC and Devon CC [2013] UKUT 550 (AAC) considered - Interlocutory applications (e.g. as to recusal) dismissed.

Published 25 January 2021