Department of Health and Social Care -v- The Information Commissioner: [2020] UKUT 299 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of The Hon Mrs Justice Farbey Chamber President on 29 October 2020.

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Judicial Summary

Information Rights 鈥 section 35(1(a) FOIA exemption 鈥榗hilling effect鈥 and 鈥榮afe space鈥 鈥 section 2(2)(b) balancing exercise 鈥 whether the FTT misdirected itself in law and failed to give proper weight to the prejudice to the public interest that would be caused by disclosure 鈥 whether the FTT failed to place any weight on the harm that disclosure would cause to the public interest in protecting the 鈥渟afe space鈥 for policy formulation 鈥 whether the tribunal misdirected itself on the question of 鈥渓ive鈥 policy formulation 鈥 whether the FTT was wrong to focus on the contents of documents as individual packets of information rather than considering the documents as a whole or considering the whole of the information in a document as a package.

Updates to this page

Published 17 November 2020