Ofqual v Information Commissioner
| Jurisdiction | UK Non-devolved |
| Judge | Judge Jacobs |
| Neutral Citation | [2023] UKUT 253 (AAC) |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Published date | 21 November 2023 |
| Subject Matter | Information rights - Freedom of information - public interest test,Jacobs,E |
1
THE UPPER TRIBUNAL
(ADMINISTRATIVE APPEALS CHAMBER)
UPPER TRIBUNAL CASE NO: UA-2022-001549-GIA
[2023] UKUT 253 (AAC)
OFQUAL V INFORMATION COMMISSIONER
Decided following an oral hearing on 24 July 2023
Representatives
Ofqual
Stephen Kosmin and Khatija Hafesji of counsel
Information Commissioner
Katherine Taunton of counsel
DECISION OF UPPER TRIBUNAL JUDGE JACOBS
On appeal from the First-tier Tribunal (General Regulatory Chamber)
Reference:
EA/2021/0234
Decision date:
14 June 2022
Hearing:
Paper consideration
As the decision of the First-tier Tribunal involved the making of an error in point of law,
it is SET ASIDE under section 12(2)(a) and (b)(i) of the Tribunals, Courts and
Enforcement Act 2007 and the case is REMITTED to the tribunal for rehearing by a
differently constituted panel.
REASONS FOR DECISION
A. The algorithm
1. This appeal is about ‘the algorithm’. Every teenager who was supposed to sit
GCSEs and A levels in 2020 and 2021, their parents, schools, universities, potential
employers and anyone who took even a passing interest in the news during the 2020
lockdown and the months following will surely remember what that meant. But time
passes and memories fade, so a brief explanation may be in order.
2. The First-tier Tribunal set out a detailed history in its decision. These are the key
events for the purposes of this appeal. On 18 March 2020, the Secretary of State for
Education decided that no assessments or examinations would take place that
academic year. On 31 March, he directed the Office of Qualifications and Examination
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