Upper Tribunal (Administrative Appeals Chamber)

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You are here: BAILII >> Databases >> Upper Tribunal (Administrative Appeals Chamber) >> Dr Michael Smith v Information Commissioner (Information rights - Freedom of information - public authority) [2022] UKUT 261 (AAC) (15 September 2022)
URL: http://www.bailii.org/uk/cases/UKUT/AAC/2022/261.html
Cite as: [2022] UKUT 261 (AAC), [2023] 1 WLR 2413, [2023] WLR 2413, [2023] WLR(D) 141

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Dr Michael Smith v Information Commissioner () [2022] UKUT 261 (AAC) (15 September 2022)

It was not an error of law for the First-tier Tribunal to decide, in an appeal against a decision notice issued under s.50 of the Freedom Of Information Act, that the tribunal has no jurisdiction to consider a subsequent response by the public authority under Part I of the Act which post-dates the decision notice and which was not the subject of the s.50 complaint with which the decision notice is concerned. Where, following a s.50 decision notice or s.58 substituted decision notice, a public authority provides a subsequent response to the information request, nothing in the Act prohibits the information requester from making a further s.50 complaint, or the Commissioner from issuing a successive decision notice against which there is a right of appeal.

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