Mark Benney v The Information Commissioner [2026] UKFTT 926 (GRC)

NCN: [2026] UKFTT 00926 (GRC)

Case Reference: FT/EA/2026/0160

First-tier Tribunal

(General Regulatory Chamber)

Information Rights

Decided without a hearing

Decision given on: 24 June 2026

Before

JUDGE HEALD

Between

MARK BENNEYAppellant

THE INFORMATION COMMISSIONERRespondent

UPON the Appellant submitting a notice of appeal against the Respondent's ("the Commissioner's") decision notice IC-402911-F1J0 dated 27 March 2026

AND UPON the Commissioner reviewing the Appellant's grounds of appeal

AND having noted that, by a response dated 8 May 2026, the Public Service Ombudsman for Wales, as the relevant public authority, has agreed to the Order below

AND being satisfied, as required by rule 37(1) The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, that it is appropriate that this Order is made

AND being satisfied that making this Order would give effect to the overriding objective

AND BY CONSENT

IT IS ORDERED that:-

Date 2026-06-24

[1]the appeal is allowed.

[2]the Commissioner’s decision within his notice is substituted as follows: “1. The complainant requested copies of all information relating to twocomplaints which were transferred from the Public Health ServicesOmbudsman (PHSO) to the Public Service Ombudsman for Wales(PSOW) for investigation. PSOW stated that it did not hold theinformation for the purposes of FOIA. 2.The Commissioner’s decision is that on the balance of probabilities,PSOW holds the information for the purposes of FOIA. 3. The Commissioner also determines that PSOW breached section 10(1) of FOIA. 4. PSOW must issue a response confirming that it holds the information for the purposes of FOIA, and either disclose that information or issue a refusal notice under s.17 FOIA. 5. The PSOW must take these steps within 30 calendar days of receiving this [substituted] decision notice. Failure to comply may result in a certification of this fact to the High Court and may be dealt with as a contempt of court" Signed Judge Heald Date: 18 June 2026 Signed Judge Heald Date: 18 June 2026