Info Gov

The First-tier Tribunal (FTT) did not err when it refused to certify Rotherham Metropolitan Borough Council’s response to a substituted decision notice as a contempt for the consideration of the Upper Tribunal under section 61 of the Freedom of Information Act 2000.

That finding was made by Upper Tribunal Judge Holly Stout in a case whose origins lay in local campaigner Liam Harron’s efforts to investigate how the council handled the area’s child sexual exploitation scandal in the wake of the 2014 Jay Report.

Judge Stout said Rotherham had complied with the terms of the substituted decision notice by issuing a fresh response to Mr Harron’s request that - as required - did not rely on section 14 of the Freedom of Information Act 2000.

She said the issue of whether Rotherham’s response - which stated that the information concerned was not held - complied with Act was a different question that could form a complaint to the Information Commissioner under section 50, but could not constitute a contempt of court and so the FTT had not erred in law in refusing to certify it under section 61(4).

Mr Harron had argued te FTT was wrong to strike out his contempt application because he considered Rotherham had not provided at least two relevant emails and may have failed to disclose other documents falling within the scope of the substituted decision notice.

The commissioner and the council both maintained the FTT did not err because its substituted decision notice only required Rotherham to make the fresh response to Mr Harron.

This had meant it was open to the FTT to conclude Rotherham had complied with the terms of its order.

Mark Smulian

Also in this section

Sep 23, 2026

Redacted rights: When does Article 10 ECHR confer a right to information?

A three-judge panel of the Upper Tribunal (Lady Poole, UTJ Citron and UTJ Brewer) in Cruelty Free International v Information Commissioner & Home Office [2026] UKUT 328 (AAC) has held that Article 10 ECHR can, in narrow circumstances, confer a right to receive information from a public authority - but that this particular Appellant still cannot have any. Georgina Pein analyses the ruling.
Sep 22, 2026

Tribunal blasts ICO for deciding EIR complaint without seeing withheld information

The First-tier Tribunal has dismissed an appeal against an Information Commissioner decision that a council's correspondence with a local newspaper about a resident was the resident's own personal data, but has criticised the Commissioner for reaching that decision without seeing the withheld information or engaging with the council, an approach it said caused months of delay and unnecessary cost.
Sep 18, 2026

Sector-wide hostility not enough for section 38(2) NCND "endangering effect" exemption

The Home Office was not entitled to neither confirm nor deny whether it held audit records for the Envigo RMS Belton animal research facility, the First-tier Tribunal has ruled, finding that evidence of a hostile environment around animal research did not establish the causal link to endangerment that section 38(2) of the Freedom of Information Act 2000 requires.
Sep 14, 2026

Tribunal upholds NI Prison Service refusal to reveal body scanner hit rate despite "wider public interest"

The First-tier Tribunal has dismissed an appeal against the Northern Ireland Prison Service's (NIPS) refusal to disclose how many X-ray body scans of prisoners produced a positive indication and how many led to the recovery of contraband, finding that the figures would be likely to prejudice the prevention of crime and the maintenance of prison security under section 31 of the Freedom of…
Sep 14, 2026

Ofqual overturns ICO order to disclose braille exam error notifications by consent

The Information Commissioner has conceded a First-tier Tribunal appeal by Ofqual and agreed that event notifications submitted by exam boards about errors in braille versions of GCSE and A level papers can be withheld under section 31(1)(g) of the Freedom of Information Act 2000, reversing a decision notice in which he had rejected the exemption and ordered disclosure.
Sep 14, 2026

Tribunal overturns "manifestly unreasonable" refusal after council's email tally falls apart

The First-tier Tribunal has ordered North Tyneside Council to respond afresh to a request for records about a school boundary fence after finding the council was not entitled to refuse it as manifestly unreasonable under regulation 12(4)(b) of the Environmental Information Regulations 2004, and that the evidence it relied on to show a burdensome course of dealings did not bear scrutiny.

InfoGov Masthead Newsletter 800