Information Commissioner v Moss and the Royal Borough of Kingston upon Thames: [2020] UKUT 174 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Jacobs on 30 May 2020.
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Judicial Summary
“Mr Moss requested information from the Royal Borough. The First-tier Tribunal allowed his appeal and substituted a decision notice for that of the Information Commissioner, but Mr Moss considered that the Borough had not complied with the tribunal’s decision. He asked the Commissioner to enforce the decision, but she refused to do so. He applied to the tribunal, but it struck out his application for lack of jurisdiction, rejecting the Commissioner’s argument that it had jurisdiction.
On appeal, the Upper Tribunal decided that: (a) the Commissioner had the power to appeal against the tribunal’s decision; and (b) the tribunal had jurisdiction to enforce its substituted decision notice. “
Decision selected for reporting as [2021] AACR 7