FOIA Section 8(1)(b) & decision notices.

mark thompson made this Freedom of Information request to Information Commissioner's Office

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Information Commissioner's Office did not have the information requested.

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.

Yours faithfully,

mark thompson

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.


If you have made a request for information held by the ICO we will contact
you as soon as possible if we need any further information to enable us to
answer your request. If we don't need any further information we will
respond to you within our published, and statutory, service levels. For
more information please visit [1]


If you have raised a new information rights concern - we aim to send you
an initial response and case reference number within 30 days.


If you are concerned about the way an organisation is handling your
personal information, we will not usually look into it unless you have
raised it with the organisation first. For more information please see our
webpage ‘raising a concern with an organisation’ (go to our homepage and
follow the link ‘for the public’). You can also call the number below.


If you have requested advice - we aim to respond within 14 days.


If your correspondence relates to an existing case - we will add it to
your case and consider it on allocation to a case officer.


Copied correspondence - we do not respond to correspondence that has been
copied to us.


For more information about our services, please see our webpage ‘Service
standards and what to expect' (go to our homepage and follow the links for
‘Report a concern’ and ‘Service standards and what to expect'). You can
also call the number below.


If there is anything you would like to discuss with us, please call our
helpline on 0303 123 1113.


Yours sincerely


The Information Commissioner’s Office


Our newsletter

Details of how to sign up for our monthly e-newsletter can be found at



Find us on Twitter at [3]


show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Contact us: 0303 123 1113,, livechat and twitter @ICOnews


Visible links

Information Commissioner's Office

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.
Your request:
“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.”
Our response
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.
Iman Elmehdawy
Information Access Service Manager
Complaint procedure
If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Information Access team
at the address below or e-mail [1][ICO request email].

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request received
after this time will only be considered at the discretion of the
If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please visit
the ‘Concerns’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
A copy of our review procedure is available [2]here

The ICO's mission is to uphold information rights in the public interest.
To find out more about our work please visit our website, or subscribe to
our e-newsletter at

If you are not the intended recipient of this email (and any attachment),
please inform the sender by return email and destroy all copies without
passing to any third parties.

If you'd like us to communicate with you in a particular way please do let
us know, or for more information about things to consider when
communicating with us by email, visit


Visible links
1. mailto:[ICO request email]