Council blames “administrative error” after tribunal did not receive notice of withdrawal of appeal
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The London Borough of Havering has said it will seek to have a First‑tier Tribunal judgment amended after the FTT struck out an appeal for failure to comply with case management directions and attend a scheduled Case Compliance Hearing.
A Havering Council spokesperson said: “The council withdrew an appeal against the first-tier tribunal, but due to an administrative error, the judge did not receive the withdrawal notice.
“We will now be seeking to have the judgment amended.”
In a decision issued on 14 January 2026, Judge Harris ruled that the appeal - lodged in January 2025 against an Information Commissioner’s decision notice - should be struck out under rule 8(3)(a) for “non-compliance with a Tribunal direction”.
Havering had been ordered on 11 November 2025 to provide the Tribunal with a hearing bundle by 5 January 2026. According to the decision, the council failed to do so and did not offer any explanation for the non‑compliance.
The same directions required the authority to attend or be represented at a Case Compliance Hearing on 13 January 2026.
Judge Harris noted that the council again failed to engage, and attempts by the Tribunal clerk to contact the authority on the morning of the hearing were unsuccessful.
Both the Information Commissioner and the second respondent, who submitted the request, attended the hearing.
Judge Harris said it was in the interests of justice to proceed despite the council’s absence, given the lack of any explanation for its non‑attendance.
The judge concluded that Havering’s failure to file the required bundle and its failure to attend the hearing amounted to clear grounds for striking out the appeal.
The appeal was therefore struck out.
Lottie Winson
30-01-2026 10:00 am


