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 from the public body. Contact us if you think it ought be re-opened.

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

withdrawn
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

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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
withdrawn
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of explanation, the Decision Notices (DNs) aren’t withdrawn; the Tribunal
may substitute them with for another finding, but they are not withdrawn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
 
 
 
 
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