Kanter-Webber v (1) Information Commissioner's Office and (2) Chief Constable of Hampshire Constabulary: [2025] UKUT 171 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Butler on 3 June 2025.
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Judicial Summary
The Upper Tribunal considered whether the First-tier Tribunal concluded correctly that a police misconduct panel (“PMP”) was a court for the purpose of applying the exemption given in section 32 of the Freedom of Information Act 2000 (“FOIA”).
The Upper Tribunal decided the First-tier Tribunal made errors of law in reaching its decision that the PMP was a court.
At the parties’ request, the Upper Tribunal addressed whether, as a matter of law, PMPs are courts within the meaning of section 32(4)(a) of FOIA. The Upper Tribunal decided they would not meet that definition.
The Upper Tribunal remitted the appeal to the First-tier Tribunal with directions for it to determine the appeal on the basis that the PMP in question is not a court within the meaning of section 32(4)(a) of FOIA, and to decide whether the other exemptions relied on by the Second Respondent (sections 31(1)(g) and 40 of FOIA) apply to the Appellant’s request for information.