(1) O’Hanlon v Information Commissioner and another (2) O’Hanlon v Information Commissioner and another
Tuesday 09 June 2026
(1) By Appellant’s Notice submitted on 23 May 2025 the Information Commissioner appeals a decision of the Upper Tribunal (Administrative Appeals Chamber), dated 6 March 2025 remitting the case to a freshly constituted panel of the First-tier Tribunal for reconsideration at an oral hearing.
Environmental information was requested from the Health and Safety Executive (HSE) regarding demolition works, framed broadly as “any documents or correspondence” and listing 11 items.
The First-Tier Tribunal (FTT) partly upheld the Information Commissioner’s decision, finding some information exempt or not held. On appeal, the Upper Tribunal (UT) held the FTT erred in limiting the request to the 11 items, as the opening wording broadened its scope. This error was immaterial for some documents.
However, the UT found a material error regarding notification of contravention letters to Amark, which were held by the time of HSE’s reconsideration. The FTT failed to apply the public interest test, so the matter was remitted to a fresh FTT panel to reconsider disclosure as in August 2021.
(2) By Appellant’s Notice submitted on 28 May 2025 the Health and Safety Executive appeals a decision of the Upper Tribunal (Administrative Appeals Chamber), dated 6 March 2025 remitting the case to a freshly constituted panel of the First-tier Tribunal for reconsideration at an oral hearing.
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