Department for Transport v (1) The Information Commissioner & (2) Dr Minh Alexander
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jones |
| Neutral Citation | [2021] UKUT 327 (AAC) |
| Subject Matter | Information rights - Freedom of information - qualified exemptions,Jones,R |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 15 March 2022 |
Department for Transport v The Information Commissioner &
(2) Dr Minh Alexander
[2021] UKUT 327 (AAC)
1
IN THE UPPER TRIBUNAL Appeal No. GIA/2301/2019 (V – CVP)
ADMINISTRATIVE APPEALS CHAMBER
On appeal from First-tier Tribunal (General Regulatory Chamber) – Information Rights
Between: DEPARTMENT FOR TRANSPORT
Appellant
- v –
(1) THE INFORMATION COMMISSIONER
(2) DR MINH ALEXANDER
Respondents
Before: Upper Tribunal Judge Jones
Hearing date: 12 March 2021
Representation:
Appellant: Mr Paul Skinner, Counsel instructed by the Government
Legal Department
First Respondent: Ms Laura John, Counsel instructed by The Information
Commissioner’s Office
Second Respondent: In person
ON APPEAL FROM:
Tribunal: First-tier Tribunal (Information Rights) – General Regulatory
Chamber
Tribunal Case No: EA/2018/0286
Tribunal Venue: N/A – decided on papers
Hearing Date: 17 July 2019
Decision Date: 3 August 2019
DECISION
The decision of the Upper Tribunal is to allow the appeal. The decision of the First-
tier Tribunal made on 3 August 2019 under number EA/2018/0286 was made in error
of law. Under section 12(2)(a) and (b)(i) of the Tribunals, Courts and Enforcement Act
2007 I set that decision aside and remit the case to be reconsidered by a fresh tribunal
in accordance with the following directions.
Department for Transport v The Information Commissioner & (2) Dr Minh
Alexander
[2021] UKUT 327 (AAC)
Appeal No. GIA/2301/2019 (V – CVP)
2
Directions
1. This case is remitted to a freshly constituted First-tier Tribunal for
reconsideration.
2. The appeal is to be limited to the issue of whether the requested
information is exempt from disclosure pursuant to section 36(2) of the
Freedom of Information Act 2000.
3. The form of the hearing, the evidence that is to be admitted and all other
consequential directions are to be made by the First-tier Tribunal.
These Directions may be supplemented by later directions by a Tribunal
Judge in the General Regulatory Chamber of the First-tier Tribunal.
REASONS FOR DECISION
Introduction
1. This is an appeal to the Upper Tribunal from a decision of the First Tier Tribunal
(‘FTT’) in a written decision dated 3 August 2019. The decision was made on the
papers on 17 July 2019 without an oral hearing.
2. The appeal concerns the disclosure, pursuant to the Freedom of Information Act
2000 (“FOIA”), of staff survey reports addressing very small units within the civil
service. The requested reports relate to the Air Accidents Investigation Branch
(“AAIB”), a unit within the Department for Transport (‘the Appellant’ of ‘DfT’) and, within
the AAIB, those pertaining to the “Investigators” unit and the “Administration” unit. The
staff surveys in question were part of the Civil Service People Survey which is
described as an important tool in the management of the Civil Service.
3. The FTT upheld the decision of the Information Commissioner (‘the First
Respondent’ or ‘Commissioner’) that the Appellant must disclose information
requested by the Second Respondent, Dr Alexander, relating to staff surveys
conducted in the AAIB between 2010 and 2018.
4. The Appellant submits the FTT erred in law in making its decision.
5. The FTT’s decision upheld the decision of the Commissioner and agreed that no
part of the requested information is exempt from disclosure under section 40(2) of FOIA
(personal data). This is disputed by the Appellant in Grounds 1 and 2 of its grounds of
appeal.
6. The FTT also agreed with the Commissioner that the requested information is not
exempt from disclosure under section 36(2)(c) of FOIA (prejudice to the effective
conduct of public affairs). This is disputed by the Appellant in Ground 4 of its grounds
of appeal.
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