Tribunal Conclusion – section 36
168. From our review of the evidence and the submissions of the parties it is our
view that the QPO was reasonable. It is also our view that UoE considered the
PIBT as required and concluded appropriately that in all the circumstances the
public interest in maintaining the exemption outweighed the public interest in
disclosing the information.
169. Therefore as regards the reliance by UoE on section 36(2) FOIA it is our
view that the DN was in accordance with the law and it is not our view that the
IC should have used its discretion differently.
Decision
170. Accordingly, having made the conclusions on each of the exemptions
detailed in sub headings above, it is our Decision that the DN was in
accordance with the law on each exemption and it is not our view that the IC
should have used its discretion differently. The Appeal is dismissed.
Signed Tribunal Judge Heald
Date 21 August 2024
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