Upper Tribunal FOI appeal judgment overturns FTT and ICO decision

18/07/2024 | Information Rights and Wrongs

In a recent judgment in the Upper Tribunal, Judge Citron addressed a Freedom of Information Act 2000 (FOIA) case involving defects in the 2019 "11+" exam administered by The Buckinghamshire Grammar Schools (TBGS). The request sought an analysis of the defects and the statistical solution adopted, which TBGS had refused, citing a breach of confidence. The ICO and the First-tier Tribunal upheld this decision, prompting an appeal to the Upper Tribunal. Judge Citron's judgment highlighted the approach to assessing errors of law and concluded that the First-tier Tribunal had made no material error in dismissing the appeal.

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FOI, subject access, restricted, confidential, personal data

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