Department of Health and Social Care v The Information Commissioner: UTAA 27 Oct 2020

Information Rights – section 35(1(a) FOIA exemption ‘chilling effect’ and ‘safe space’ – section 2(2)(b) balancing exercise – whether the FTT misdirected itself in law and failed to give proper weight to the prejudice to the public interest that would be caused by disclosure – whether the FTT failed to place any weight on the harm that disclosure would cause to the public interest in protecting the ‘safe space’ for policy formulation – whether the tribunal misdirected itself on the question of ‘live’ policy formulation – whether the FTT was wrong to focus on the contents of documents as individual packets of information rather than considering the documents as a whole or considering the whole of the information in a document as a package.

Citations:

[2020] UKUT 299 (AAC)

Links:

Bailii

Jurisdiction:

England and Wales

Information

Updated: 22 May 2022; Ref: scu.656583