Gavin Drake v The Information Commissioner

The Appellant lodged an appeal using form GRC3 dated 4 June 2025. Although this was expressed to be a request to progress investigation under section 166 of the Data Protection Act 2018, it was apparent on the face of the form that the Appellant in fact seeks to challenge a decision by the public authority concerned to refuse his information request under the Freedom of Information Act 2000, rather than complain about the public authority’s handling of his complaint under data protection legislation. The appeal was incomplete as the Appellant did not include a copy of the decision notice he sought to challenge.

By Directions dated 31 July 2025 the Appellant was required to provide a copy of the Decision Notice that he wished to challenge to the Tribunal by 15 August 2025. The Appellant did not comply with that Direction.

By Directions dated 17 November 2025 the Appellant was directed by 15 December 2025 to provide a copy of the Decision Notice that he wished to challenge to the Tribunal.

The Appellant was directed to note that failure to comply with this direction would lead to the Tribunal striking out the appeal for failure to comply without further direction.

The Appellant failed to comply with the Direction dated 17 November 2025 and accordingly there are grounds to strike out the appeal.