Department of Health and Social Care -v- The Information Commissioner: [2020] UKUT 299 (AAC)

Upper Tribunal Administrative Appeals Chamber decision of The Hon Mrs Justice Farbey Chamber President on 29 October 2020.

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Judicial Summary

Information Rights section 35(1(a) FOIA exemption chilling effect and safe space section 2(2)(b) balancing exercise whether the FTT misdirected itself in law and failed to give proper weight to the prejudice to the public interest that would be caused by disclosure whether the FTT failed to place any weight on the harm that disclosure would cause to the public interest in protecting the safe space for policy formulation whether the tribunal misdirected itself on the question of live policy formulation whether the FTT was wrong to focus on the contents of documents as individual packets of information rather than considering the documents as a whole or considering the whole of the information in a document as a package.

Updates to this page

Published 17 November 2020