First-tier Tribunal
(General Regulatory Chamber)
Information Rights
Appeal Reference: EA/2020/0182
IVAN MURRAY-SMITH
Appellant
and
INFORMATION COMMISSIONER
Respondent
and
LONDON BOROUGH OF HAVERING
Second Respondent
UPON Mr Murray-Smith providing to the Tribunal a document titled `Consent order
draft 1 reviewed by ICO 27012021.odt' under cover of an email stating: Please find
attached a consent order agreed between the parties";
AND UPON that document making no mention of section 21 which was found as an
applicable exemption;
AND UPON the Tribunal being informed that the London Borough of Havering has
now provided additional information to Mr Murray-Smith which had originally been
withheld;
AND UPON the Tribunal seeing that the information which has now been provided
has some redacted parts;
AND UPON the Tribunal reminding itself that whilst parties may request terms of
consent on which an appeal ends it is the Tribunal which makes the Consent Order
and, therefore, the terms are the Tribunal's decision;
IT IS ORDERED
1.
By consent:
1.1.
The appeal is allowed in part.
1.2.
Decision Notice FS50892255 is substituted in the following terms: some
of the information withheld from Mr Murray-Smith did not engage
section 40(2) of the Freedom of Information Act 2000.
1.3.
As Mr Murray-Smith is content with the information which has now
been released to him, the London Borough of Havering is not required
to take any steps.
This decision was made by the Tribunal Registrar. A party is entitled to apply in writing within 14 calendar
days of the date this document is sent for this decision to be considered afresh. If you apply later than 14 days you
must explain why you are late.
Signed: Mrs R Worth
Tribunal Registrar
Date: 03 February 2021
