Email sent – 20 March 2015 06:33
Upper Tribunal
Dear Sirs
As you are aware, the above case was put in abeyance approx 18 months ago
pending the outcome of the Court of Appeal Case C3/2013/1855
Dransfield v ICO.
The Upper Tribunal adjourned its last hearing on this case
owing to the UT Judges concerns for the “evidence credibility” by the Chief
Witness from the Devon County Council i..e.,e Miss Amber Steer Frost the DCC FOIA
Manager..
In the event the Court of Appeal release their judgement in the not too
distant future, the subject title case will need to continue to a full oral hearing, whether or not the CoA rules in my favour or the
ICO’s favour.
To this end, I am currently reviewing the EA/2010/0152 which is currently
under the Upper Tribunal remit and preparing my revised Skeleton Argument.
I do not wish to sit idle and await the Court of Appeal, and neither do I
think the Upper Tribunal should be idle either.
Please see the First Tier Tribunal decision notice and as you are well aware
the ICO and the DCC have now changed their plea from
DO NOT HOLD to section 14(1) vexatious.
I do not consider it appropriate for the respondents to change their plea mid-stream. I am deeply concerned at Judge C Hughes decision notice in the
attached FTT decision notice in which he claims the Devon County
did not hold the sought after information and then claimed the sought after
data was too voluminous and too costly.
The most up to date plea from the DCC is section 14(10 Vexatious on this
case which started in May 2009
Before the Upper Tribunal considers this case at a rescheduled oral
hearing, I strongly recommend we have a teleconference hearing to discuss
several matters of serious contention on this case.
You will also recall my original FOIA request was for the 6
PFI schools in Exeter which was downgraded to one
school (ISCA) upon the request of the ICO owing to the voluminous amount of documents.
We now know that the sought after data on the 6 PFI schools
was not voluminous and available in PDF format; hence, I consider my
original FOIA request should be reinstated for ALL 6
PFI schools.
It is abundantly clear to me the FTT Judge Hughes erred in law on a number of occasions during his decision.
Quite frankly, in the event of the Court of Appeal Rule in my favour, it
behoves the Upper Tribunal to strike out the subject case and issue costs
against the ICO & DCC.
As you are aware, the UT placed a cost warning against the DCC for
“Evidence Credibility” at the last hearing.
I would envisage the UT should be able to make a decision one way or the
other two weeks after the Court of Appeal Judgement.
Being mindful of the costs to the public purse on the current Court of
Appeal case, I would ask the UT for an immediate strike out of this case in the
event the Court of Appeal rule in my favour.
With thanks
Yours sincerely
Alan M Dansfield
