Dr Lucy Catherine Hawking v The Nursing and Midwifery Council & Anor
| Court | First-tier Tribunal (General Regulatory Chamber) |
| Judgment Date | 01 July 2026 |
| Neutral Citation | [2026] UKFTT 980 (GRC) |
| Date | 01 July 2026 |
| Year | 2026 |
© CROWN COPYRIGHT 2026
NCN: [2026] UKFTT 00980 (GRC)
Case Reference: FT/EA/2024/0359
First-tier Tribunal
(General Regulatory Chamber)
Information Rights
Heard by Cloud Video Platform
Heard on: 21 & 22 April 2026
Decision given on: 01 July 2026
Before
JUDGE SAWARD
JUDGE ARMSTRONG-HOLMES
TRIBUNAL MEMBER YATES
Between
DR. CATHERINE LUCY HAWKING
Appellant
and
(1) INFORMATION COMMISSIONER
(2) NURSING AND MIDWIFERY COUNCIL
Respondents
Representation:
For the Appellant: Professor Mark Engelman, Counsel
For the First Respondent: Did not appear
For the Second Respondent: John Fitzsimons, Counsel
Decision: The appeal is allowed in part.
Substituted Decision Notice: IC-305066-P7N8
The following text is added to paragraph 2. of the Decision:
“In addition, the NMC breached section 17(7) of FOIA as its refusal notice failed to contain
particulars of the applicant’s right conferred by section 50 of FOIA to apply to the Commissioner
for a decision whether, in any specified respect, a request for information made by the complainant
to a public authority has been dealt with in accordance with the requirements of Part I of FOIA.”
REASONS
2
Introduction
1. The Freedom of Information Act 2000 (“FOIA”) provides for a general right of access to
information held by public authorities. That right is subject to exceptions and exemptions. It
is enforced by the Information Commissioner (“the Commissioner”) with a right of appeal
from a decision of the Commissioner to this Tribunal.
2. There are two outstanding appeals brought by the Appellant against separate decisions of the
Commissioner. Both concern requests for information made to the Nursing and Midwifery
Council (“the NMC”), being the regulator for nursing and midwifery professions in the UK.
The appeals were heard together. The appeal bearing Tribunal reference FT/EA/2025/0091 is
subject to a separate decision. A third appeal involving the same parties was settled before
reaching hearing. A separate application brought by Dr. Hawking seeking certification of
contempt by the NMC in relation to both appeals (ending 0359 and 0091) is also subject to a
separate decision.
3. This appeal is made against the Commissioner’s decision referenced IC-305066-P7N8 of 9
August 2024. In that decision, the Commissioner decided that the NMC should have neither
confirmed nor denied (“NCND”) it held the requested information. The NMC was not
required to take any steps.
4. This Decision provides a summary of the submissions, evidence and the Tribunal’s view of
the law. It does not seek to capture every point made, it being impractical and unnecessary to
do so. The absence of any specific submission or evidence does not mean it has not been
considered.
Background
5. The Appellant has provided personal background information to provide context and explain
why the requested information is sought. It is unnecessary for that personal information to be
recorded in this published Decision.
The Hearing
6. The hearing was conducted by online video (CVP). The Tribunal was satisfied this was a fair
and just way to conduct the proceedings.
7. The Appellant attended and was represented by Professor Mark Engelman, Counsel.
8. The Second Respondent, the NMC, was represented by John Fitzsimons, Counsel. The
Commissioner was not represented having indicated in advance that he intended instead to
rely upon his Decision Notice and written submissions. In place of a skeleton argument, the
Commissioner provided further submissions regarding his exercise of discretion to apply
section 40(5B) FOIA.
9. The hearing took the form of submissions from each advocate with questions from the
Tribunal panel.
10. The documents before the Tribunal comprise an open bundle of some 327 pages, an
Authorities bundle, skeleton arguments for the Appellant and NMC, and the Commissioner’s
submissions (as mentioned above).
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