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Forms & Guidance

How to appeal

If you disagree with a notice you have received from the Information Commissioner, you can appeal to the Information Tribunal. Please note that we do not deal with complaints against the Information Commisioner. If you do have a complaint about the Information Commissioner you need to write to them, details can be found on their website (please see link on the left of this page).

You should send your appeal notice to us within 28 days of receiving your notice from the Information Commissioners Office. If you wish to submit an appeal outside of this time limit, you can do, but you must provide firm reasons for the delay in submission – there is a section in the appeal form to help you with this.

Please read the form carefully and fill in all the sections. The form contains explanations and instructions to help guide you.

Please note that we cannot deal with complaints you have about a public authority or any other party. We only hear appeals about decision made by the Information Commissioner.

When we receive your Notice of Appeal form, we will check to make sure it contains the information required under Rule 4 of the Information Tribunal (Enforcement Appeals) Rules 2005 (SI 2005/14) as amended by the Information Tribunal (Enforcement Appeals) Rules 2005 (SI 2005/450).

The Information Commisioner will respond to the Notice of Appeal within 21 days and will send a copy of their] response to you.

We will deal with your appeal as quickly as possible, but this depends on the cooperation of all parties involved. The actual timescale between us receiving the Notice of Appeal and the hearing will often depend on whether you want a paper or oral hearing.

From time to time we will issue Practice Notes to explain how to apply these rules

Individuals representing themselves in freedom of information cases before the Information Tribunal may find these guidance notes helpful.

Guidance notes pdf download icon (66kb)

Legal support

The Information Tribunal is accustomed to dealing with cases where appellants do not have legal representation. The Information Commissioner and public authority (if a party to the appeal) will usually be represented by a barrister or counsel. There is no legal aid available for cases before the Information Tribunal.

The following organisations maybe able to provide you with help on your case. Please note, however, that the Information Tribunal does not endorse, and cannot recommend any particular organisation. It is a matter for you whether or not to seek any advice from them or to accept it, if offered.

The Bar Pro Bono Unit is a national charity matching barristers prepared to undertake pro-bono work with those who need their help. You can make contact by visiting their website at www.barprobono.org.uk.

LawWorks is a national charity matching solicitors prepared to undertake pro–bono work with those who need their help. You may make contact by telephone on 0207 929 560 or at www.lawworks.org.uk.

Friends of the Earth's Rights and Justice Centre, provides free advice to members of the public in relation to their rights under the Environmental Information Regulations 2004 and is able to represent requesters at appeals before the Information Tribunal in appropriate cases. You may make contact by telephone on 0808 801 0405 (Wednesdays evenings only between 6.30 pm and 8.30 pm) or by email to Friends of the Earth's Rights and Justice Centre

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Glossary of terms used on this page

Appellant
A person who appeals, either by having a right of appeal, or by being granted permission to appeal.

Counsel
A barrister.

Decision
A person who determines the purposes for which, and the manner in which, personal information is to be processed. This may be an individual or an organisation and the processing may be carried out jointly or in common with other persons.

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