Hm Courts Tribunals Service
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Judicial Summary
Information Rights - adequacy of reasons in First-tier Tribunals decision - first ground of appeal concerned First-tier Tribunals finding that public authority did not hold information (a statisticians report) despite indications in contemporaneous documentation that the report would be sent to it - Held: First-tier Tribunals finding was adequately explained, as was based on direct knowledge of witnesses, whom First-tier Tribunal found to be credible and reliable - second ground of appeal concerned First-tier Tribunals finding of advantage to private tutors, if requested information disclosed - First-tier Tribunal found that tutors advantage was to be given overbearing weight in public interest benefit test - exemptions in s41 and s43 Freedom Of Information Act considered - Held: it was not adequately explained as to why the requested information would have the advantageous effect - not sufficient that First-tier Tribunal found respondents witnesses to be generally credible and reliable, as (i) their opinions were challenged by the appellant; (ii) the challenge was rational and intelligible and (ii) this was a matter of reasoned opinion (not in direct experience of any of the witnesses) - First-tier Tribunal failed to explain why rejected appellants challenge to the evidence - material error of law - First-tier Tribunal decision set aside - remitted to fresh First-tier Tribunal for rehearing.