Monday, 23 February 2015

Knowle relocation project: FOI request goes to tribunal...... a similar case...

The First Tier Tribunal - which is considering the District Council's appeal against the Information Commissioner's Office's decision that it should release certain documents on the relocation project - still has to make its judgement:
Futures Forum: Knowle relocation project: FOI request goes to tribunal: further information
Futures Forum: Knowle relocation project: FOI request goes to tribunal: further press reports

Meanwhile, the Tribunal has considered a similar case in Medway:

A bad day in court


Thursday, 12 February 2015 09:46
Data protection iStock 000011177922XSmall 146X219
A local authority recently sought to appeal an information notice issued by the Information Commissioner. Jon Baines looks at the outcome.
...
It is rare that information notices are required – most data controllers will comply willingly with an ICO investigation. 
It is even more rare that one is appealed, and maybe Medway’s recent experience shows why it’s not necessarily a good idea to do so. 

Local Government Lawyer - A bad day in court

It seems, therefore, that it is 'rare' for an authority to appeal against the decision of the Information Commissioner's Office

Things are running late with this case.

Here's a recent comment from a legal website on this issue:

Says the White Rabbit in Alice in Wonderland, “Oh my furry whiskers, I’m late, I’m late, I’m late!” Although the application of FOIA may sometimes feel like Wonderland, the feeling it induces is normally more akin to turning up unexpectedly at the Mad Hatter’s Tea Party...

Requestors will doubtless continue to be extremely frustrated by public authorities who appear to change their position at the last moment (usually when lawyers have become involved), and the FTT does not appear to have been often exercising its powers to restrict late reliance, or to punish incorrect late reliance in costs. However, if an exemption is relied upon correctly, reaching the correct answer is important. Whiskers may soothed, pocket watches stowed away, and lateness need rarely be an issue.

Down the Rabbit Hole – Late Reliance under FOIA | Panopticon Blog
.
.
.

No comments:

Post a Comment