Tribunal dismisses appeal in information rights case

Tribunal dismisses appeal in information rights case

The First-tier Tribunal (General Regulatory Chamber) dismissed an appeal brought by Deborah Bryce against the Information Commissioner, citing a lack of jurisdiction. The decision, handed down on 24 March 2025, was delivered by Judge Armstrong-Holmes.

The case stemmed from a Notice of Appeal received by the Tribunal on 26 March 2024. The Appellant, Deborah Bryce, sought to challenge the Information Commissioner's decision to dismiss her complaint under section 50(2)(c) of the Freedom of Information Act 2000 (FOIA), which allows the Commissioner to dismiss applications deemed frivolous or vexatious.

The Tribunal's decision hinged on the fact that the Information Commissioner had not issued a decision notice to the Appellant, a prerequisite for an appeal under section 57 of the FOIA. The Commissioner had informed Bryce that her complaint was dismissed as frivolous, and no decision notice was served, thus precluding an appeal to the Tribunal.

Judge Armstrong-Holmes clarified that any challenge to the Commissioner's dismissal of the complaint should be pursued via judicial review, not through an appeal to the Tribunal. The Tribunal's jurisdiction is limited to cases where a decision notice has been served, which was not the case here.

The Tribunal's ruling underscored the procedural requirements under the FOIA and the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009. The appeal was struck out under Rule 8(2)(a) for want of jurisdiction, affirming the Registrar's initial decision.

This case highlights the importance of understanding the procedural pathways available under the FOIA, particularly the distinction between judicial review and Tribunal appeals. The ruling serves as a reminder to appellants to ensure that the necessary procedural steps have been met before seeking an appeal.

The decision is significant for practitioners dealing with information rights and FOIA-related cases, as it clarifies the boundaries of the Tribunal's jurisdiction and the appropriate recourse when a decision notice is not issued.

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For more information on data protection, see BeCivil's guide to English Data Protection Law.

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