The First-tier Tribunal (General Regulatory Chamber) Information Rights has found that a neighbourhood forum that produced a neighbourhood plan under the Localism Act 2011 is a public authority for the purposes of Environmental Information Regulations 2004 (EIR).
Tribunal judge Shenaz Muzaffer, sitting with tribunal members Emma Yates and Anne Chafer, found the Summertown & St. Margaret's Neighbourhood Forum must respond to applicant Paul Phillips, who has asked for any monitoring or assessments concerning need, or actual or planned actions, in respect of any Equality Act 2010 protected characteristics and the Public Sector Equality Duty.
When the forum rejected Mr Phillips’ initial request he appealed to the Information Commissioner and said that while he accepted freedom of information requirements did not apply to the forum he thought it was subject to EIR.
The commissioner said the forum was not a public authority for the purposes of the EIR and it was neither a government department nor designated as a public authority under the Freedom of Information Act 2000.
Further, it lacked direct decision-making powers or regulatory authority and did not perform public administrative functions.
Mr Phillips argued on appeal that the Commissioner had erred because the forum advised on the preparation of a development plan which affects land use within the terms of the Town and Country Planning Act 1990
The tribunal said in its ruling: “Having carefully considered all of the submissions, we are satisfied that the forum, as an unincorporated association, is 'a body or other person’ for the purposes of the EIR.
“We find that the wording of Schedule 1 of the Interpretation Act 1978 is clear and unambiguous in that a ‘person' include[s] a body of persons corporate or unincorporate - in other words, including an unincorporated association.
“We are also satisfied – and indeed there is no dispute – that, in the absence of any contrary intention, the provisions of Schedule 1 are applicable to the EIR.”
The tribunal said it had considered that the forum was run by volunteers, with extremely limited resources and its decision might cause practical problems in dealing with requests for information, but “we do not consider that they are relevant factors when determining whether, for the purposes of the EIR, the forum is a ‘any other body or other person’”.
Mark Smulian
