Philip Jinks v Information Commissioner

On 5th February 2025 an appeal was filed under section 57 (1) Freedom of Information Act 2000 (“FOIA”). The appeal purported to be against a decision notice issued in case number IC-350888-BJ04.

On 9th April 2025 the Respondent made an application to strike out the appeal under Rule 8(2) on the basis that this Tribunal has no jurisdiction to consider the appeal because no decision notice has been issued in that case.

On 15^th September 2025 case management directions were issued, requiring the Appellant to either provide a copy of the decision notice number IC-350888-BJ04 or to confirm that none existed.

The Appellant sent a response to the Tribunal in which he confirmed that there is no decision notice in that case but that he wished to appeal against a different decision notice, numbered IC 257533 R1V. The Appellant invites the Tribunal to link the two sets of proceedings together but, whether or not there is a separate appeal in respect of that decision notice, this Tribunal has no jurisdiction to hear an appeal under s57 where no decision notice has been issued.

The GRC1 clearly states that the Appeal is against decision notice IC-350888-BJ04. As there is no decision notice in that case, the Tribunal does not have jurisdiction to hear the case.

Rule 8(2)(a) provides that the Tribunal must strike out the whole or part of the proceedings if the Tribunal does not have jurisdiction in relation to the proceedings or that part of them.

The case is therefore struck out.

The decision is made in accordance with the overriding objective, Rule 8(4) and Rule 8(2)(a).