Ofqual v Information Commissioner
| Jurisdiction | UK Non-devolved |
| Court | Upper Tribunal (Administrative Appeals Chamber) |
| Judge | Judge Jacobs |
| Neutral Citation | [2023] UKUT 253 (AAC) |
| 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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3 cases
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Stop UK Lies and Corruption v The Information Commissioner & Anor
...raised in that report. We find that there is a strong public interest in disclosure of the GAIT data. 197. Although Ofqual V Information Commissioner [2023] UKUT 253 (AAC) means that we cannot take account in the public interest balance of the imminent publication of the report and the Home......
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Sue Bramall v The Information Commissioner & Anor
...and relevant only to the extent that it shines a line on matters as they stood at the date of the response – Ofqual v Information Commissioner [2023] UKUT 253 (AAC) at [41]; Maurizi v Information Commissioner & CPS [2019] UKUT 262 36. We have considered an open bundle of 674 pages as part o......
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Jenna Corderoy v The Information Commissioner & Anor
...the public interests accepted by the tribunal depends, as Upper Tribunal Judge Jacobs recognised at paragraph 30 of Ofqual v Information Commissioner [2023] UKUT 253, on the nature and content of the information. That is the starting 128. Having reviewed the documents withheld under section......
