ICO v Adedeji and Wigan Borough Clinical Commissioning Group: [2022] UKUT 343 (AAC)

Upper Tribunal Administrative Appeals Chamber decision by Judge Wright on 16 December 2022.

• From: HM Courts & Tribunals Service and Upper Tribunal (Administrative Appeals Chamber)
• Published: 18 January 2023

• Categories: Information rights, Tribunal procedure and practice
• Sub-categories: Information rights - Information rights: practice and procedure, Tribunal procedure and practice - tribunal jurisdiction
• Judges: Wright, S
• Decision date: 16 December 2022

Read the full decision in UA-2020-001793-GIA.

Judicial Summary

First-tier Tribunal allowing appeal against s.14 Freedom Of Information Act refusal to provide information and substituting decision notice requiring public authority either to disclose the information requested or serve a refusal notice under s.17 FOIA setting out grounds for refusal other than s.14 – whether public authority could then refuse request on the basis that the information was not held – whether correct route for challenging public authority’s subsequent refusal was (another) s.50 FOIA complaint to Information Commissioner’s Office or (per ICO v Moss and Royal Borough of Kingston upon Thames [2020] UKUT 174 (AAC)) contempt application to FTT under s. 61 FOIA.

Published 18 January 2023