First-Tier Tribunal refuses NHS trust permission to appeal ruling on ICO fine

The First-Tier Tribunal has refused an NHS Trust permission to appeal to the Upper Tribunal after it had earlier rejected its challenge to a £90,000 monetary penalty notice issued by the Information Commissioner.

Central London Community Healthcare (CLCH) NHS Trust applied this month (11 February) for permission to appeal the FTT’s decision with four proposed grounds of appeal.

Tribunal Judge John Angel has rejected the application, and also refused the NHS trust’s application to stay the payment of the monetary penalty pending an appeal.

He said: “I have carefully considered whether the first, second and fourth grounds in this case raise errors of law and have decided that they do not. The third ground does raise an arguable point of law but on balance I find that there is no error on the part of the FTT.”

CLCH has the right to renew its application for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber) directly, within a month of the date on which Judge Angel’s decision was sent to it.

The case was the first ever appeal against a monetary penalty imposed by the ICO. The FTT came down firmly on the side of the ICO in a ruling issued on 15 January (for a detailed report, click here).