The Appeal
25. The Appellant issued the Appeal on 23 November 2022 (A22- 29). In it the
outcome sought is:“I request from the Tribunal a substituted decision notice in which the University of
Essex is ordered to disclose the entire Reindorf Report subject to the (hopefully
small) redactions specified by the Tribunal in a confidential annex."
26. The Appeal is supported by a letter dated 23 November 2022 (A30-A34) as part
of the GoA from A35- A127. Since the Appeal was lodged, in summary (but
see the Appendix for a fuller version) on:16 December 2022 the IC provided a Response
28 December 2022 the Appellant Replied
27 January 2023 UoE was added as a party
14 March 2023 UoE provided a Response
20 March 2023 the Appellant Replied
Role of the Tribunal
27. The Tribunal's role in an Appeal by section 57 FOIA relates to the IC’s DN and is
set out in section 58. This provides that:-
(1) If on an appeal under section 57 the Tribunal considers—
(a) that the notice against which the appeal is brought is not in accordance with the
law, or
(b) to the extent that the notice involved an exercise of discretion by the
Commissioner, that he ought to have exercised his discretion differently, the Tribunal
shall allow the appeal or substitute such other notice as could have been served by the
Commissioner; and in any other
case the Tribunal shall
dismiss the appeal.
(2) On such an appeal, the Tribunal may review any finding of fact on which the
notice in question was based.
28. In Information Commissioner v Malnick and Advisory Committee On Business
Appointments [2018] UKUT 72 (AAC) (see para 90) the UT said:“As is clear from section 58(2) and Birkett...the F-tF exercises a full merits appellate
jurisdiction and so stands in the shoes of the Commissioner and decides which (if
any) exemptions apply. If it disagrees with the Commissioner’s decision, the
9