51茶馆

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Judicial Summary

Information Rights - adequacy of reasons in First-tier Tribunal鈥檚 decision - first ground of appeal concerned First-tier Tribunal鈥檚 finding that public authority did not hold information (a statistician鈥檚 report) despite indications in contemporaneous documentation that the report would be sent to it - Held: First-tier Tribunal鈥檚 finding was adequately explained, as was based on direct knowledge of witnesses, whom First-tier Tribunal found to be credible and reliable - second ground of appeal concerned First-tier Tribunal鈥檚 finding of advantage to private tutors, if requested information disclosed - First-tier Tribunal found that 鈥渢utors鈥� advantage鈥� was to be given overbearing weight in 鈥減ublic interest benefit test鈥� - exemptions in s41 and s43 Freedom Of Information Act considered - Held: it was not adequately explained as to why the requested information would have the advantageous effect - not sufficient that First-tier Tribunal found respondents鈥� witnesses to be generally credible and reliable, as (i) their opinions were challenged by the appellant; (ii) the challenge was rational and intelligible and (ii) this was a matter of reasoned opinion (not in direct experience of any of the witnesses) - First-tier Tribunal failed to explain why rejected appellant鈥檚 challenge to the evidence - material error of law - First-tier Tribunal decision set aside - remitted to fresh First-tier Tribunal for rehearing.