Info Gov

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

Also in this section

Jul 13, 2026

Polite, one-off request can still be vexatious where motive is personal, First-tier Tribunal rules

The First-tier Tribunal (General Regulatory Chamber) has upheld the refusal of a freedom of information request to a special educational needs school as vexatious under section 14(1) of the Freedom of Information Act 2000, finding that a polite, factual and non-burdensome request could still amount to a misuse of the Act where its motive was the pursuit of a case against a named individual while…
Jul 13, 2026

Tribunal backs national security refusal of Home Protection Scheme statistics, citing mosaic disclosure risk

The First-tier Tribunal (General Regulatory Chamber) has upheld the Northern Ireland Office's refusal to disclose aggregate application and expenditure figures for its Home Protection Scheme, finding that even high-level statistical data could contribute to a "mosaic" of information capable of assisting terrorists in assessing the protection afforded to police officers and other public servants.
Jul 10, 2026

DWP holds Universal Credit migration code but extracting it would breach FOIA cost limit, tribunal rules

The First-tier Tribunal has overturned an Information Commissioner's finding that the Department for Work and Pensions held no further information about how claimants were selected for Universal Credit managed migration, but ruled that the requester will receive nothing more because the cost of extracting the material would exceed the limit under section 12 of the Freedom of Information Act 2000…
Jul 07, 2026

"Should have held" is not "held": tribunal upholds FCDO not-held response over Somaliland Crown service certificate

The First-tier Tribunal (General Regulatory Chamber) has dismissed an appeal against the Information Commissioner's finding that the Foreign, Commonwealth and Development Office did not hold a copy of a 1955 certificate awarded on behalf of Queen Elizabeth II to a member of the Haud Constabulary in colonial-era Somaliland, concluding on the balance of probabilities that no in-scope information…
Jul 07, 2026

Requester's claim that ICO confused him with his son fails to defeat section 14 vexatiousness finding

The First-tier Tribunal (General Regulatory Chamber) has upheld the Information Commissioner's reliance on section 14(1) of the Freedom of Information Act 2000 to refuse a request about a parish council's data protection registration, finding that the request formed part of a campaign of harassment against the council even though the appellant claimed the requesting history relied on belonged not…
Jul 07, 2026

Late compliance, apology and resource pressures save council from contempt certification over EIR decision notice

The First-tier Tribunal (General Regulatory Chamber) has refused to certify Guildford Borough Council to the Upper Tribunal for contempt over its admitted failure to comply with a substituted decision notice within the required 35 days, finding that the council's late and piecemeal response was capable of constituting contempt but that later compliance, an apology and an explanation grounded in…

InfoGov Masthead Newsletter 800