Dear Information Commissioner’s Office,
How many Freedom of Information Act 2000 (FOIA) commissioner decision notices have been
cancelled at court
due to a Section 8(1)(b) issue after the date of the decision notice.
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24th August 2016
Case Reference Number IRQ0639795
Dear Mr Thompson
Thank you for your correspondence of 28 July 2016. We handled your request
in line with your rights under section 1 of the Freedom of Information Act
(FOIA) and our response is below.
“How many Freedom of Information Act 2000 (FOIA) commissioner decision
notices have been
cancelled at court
due to a Section 8(1)(b) issue after the date of the decision notice.”
We confirm that no information is held in relation to your request. By way
of explanation, the Decision Notices (DNs) aren’t withdrawn; the Tribunal
may substitute them with for another finding, but they are not withdrawn
without anything to replace them.
In the context of an appeal, the issue of the requestors’ name and contact
address (and therefore the validity of the request for section 8(1)(b)
FOIA) is sorted out before the DN is issued and long before an appeal
gets to the Tribunal, so it is never an issue on appeal.
However, it’s worth noting that occasionally the Tribunal has refused (or
threatened to refuse) to entertain an appeal where the Appellant has
failed/refused to provide an address. However that isn’t on the basis of
section 8(1)(4) FOIA – it’s because of the Tribunal’s separate powers
under Rule 22 (2)(a) of the Tribunal Procedure (First-tier Tribunal)
(General Regulatory Chamber) Rules 2009.
I hope you find the provided information of assistance.
Information Access Service Manager
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request has been handled you should write to the Information Access team
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