Public authority contempt of court for failing to comply with FOI notice

07/04/2022 | Mishcon de Reya

Failure by a public authority to comply with specific decisions or orders under The Freedom of Information Act can be 'certified' to the High Court. It could result in the Court dealing with the authority as if it had committed a contempt of court. 

Until recently, there have been no instances of certification to the High Court. However, on the 28th of March 2022, the First-tier Tribunal made the decision to certify the Royal Borough of Kingston-Upon-Thames in contempt to the High Court over the failure by Kingston to comply with a previous decision of a First-tier Tribunal in 2017. 

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