General Regulatory Chamber
Information Rights
Heard on: 14 November 2024 |
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B e f o r e :
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TIMOTHY JAMES MORELY |
Applicant |
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- and - |
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THE INFORMATION COMMISSIONER |
Respondent |
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Crown Copyright ©
(i) That Lambeth is instructed to reply to his FOIA request with 14 days.
(ii) That Lambeth is officially reprimanded for its persistent non-compliance with FOIA.
[i]t is plain from the statutory words that, on an application under s.166, the Tribunal will not be concerned and has no power to deal with the merits of the complaint or its outcome. We reach this conclusion on the plain and ordinary meaning of the statutory language but it is supported by the Explanatory Notes to the Act which regard the s.166 remedy as reflecting the provisions of article 78(2) which are procedural. Any attempt by a party to divert a Tribunal from the procedural failings listed in s.166 towards a decision on the merits of the complaint must be firmly resisted by Tribunals. (Emphasis added)
Signed
Judge J K Swaney
Judge of the First-tier Tribunal
Date: 14 November 2024