In this section
Forms & Guidance
The hearing
A hearing will be conducted orally in a court room or determined on the papers only without the parties. If orally, a location will be agreed on by the parties and the Tribunal. Again, the Tribunal's Practice Directions may be relevant at this stage.
Frequently Asked Questions regarding the hearing
- How much notice will I have of my hearing?
- What time will the hearing start?
- Who will be at my hearing?
- What should I do if I need an interpreter or signer?
- Do I need a solicitor at the hearing?
- Who will hear my case?
- Can I bring anyone else to support my case?
- Who should be witnesses?
- What will happen if a witness refuses to go to the hearing?
- What happens when I get to the hearing?
- Do I have to pay any costs?
1. How much notice will I have of my hearing?
The Tribunal will try and organise a hearing as soon as possible. You will receive a notice providing the time and place of the hearing at least 14 days beforehand together with a map of how to find the venue.
2. What time will the hearing start?
Oral hearings will normally start between 10.00am and 10.30am unless the Chairman of the Tribunal decides otherwise. It is suggested that you arrive at least 30 minutes before the planned start of your hearing, as due to the need for security checks there may be delays in entering the hearing centre.
3. Who will be at the hearing?
The following may be present at oral hearings:
- A legally qualified Chairman and two lay panel members;
- Information Tribunal Proper Officer(s) or clerk to the Tribunal;
- Information Commissioner or his legal representative;
- Person making the appeal - the appellant and legal representative (if any);
- Additional parties and their legal representatives (if any);
- Possibly members of the public and press in high profile cases - the cases are usually heard in public
4. What should I do if I need an interpreter or signer?
Please put your request in writing and send it by fax, e-mail or letter to the Information Tribunal stating your case reference number and the details of what is required. Please give the Tribunal as much notice as possible (at least a week) to avoid delays to the hearing. Contact details can be found on our Contact us page.
5. Do I need a solicitor at my hearing?
That is entirely up to you, there is no legal requirement for you to have one. Please note there is no legal aid available for appeals to the Information Tribunal. However you may be able to obtain free legal support. Details can be found on our How to appeal page.
6. Who will hear my case?
A chairman and 2 panel members will hear your case.
7. Can I bring anyone else to the hearing to support my case?
Yes. Any party involved in the appeal can call witnesses to support their case.
8. Who should be witnesses?
Anyone with first hand knowledge of relevant matters can be a witness.
9. What will happen if a witness refuses to come to my hearing?
If a witness refuses to attend a hearing the Tribunal can issue a summons to order that person to attend.
10. What happens when I get to the hearing?
When you arrive at the Hearing Centre, you should report to reception who will note your arrival and direct you to a waiting area. If you require a private waiting room ask reception who may be able to assist if any are available. The Tribunal clerk will find you, brief you on the courtroom procedure and guide you to the courtroom when the case is ready to start. The clerk will want to know the names of any witnesses and, if they are required by the Chairman to swear or affirm an oath, the holy book they would wish to use for the purpose.
The parties or their representatives will usually sit on the front bench facing the Tribunal panel, their witnesses behind them and members of the public at the rear of the court room. The Chairman will manage the proceedings and explain the order in which the parties and their witnesses will be heard. Usually the appellant will open and call his/her witnesses first. Once a witness has given his/her evidence then the other parties and the Tribunal panel will be able to put questions to the witness. This process will be repeated for all parties. Finally the parties, or more likely their representatives (if any), will be entitled to make final submissions to the Tribunal panel. Then the panel will usually retire to consider their decision.
The Chairman will manage the hearing in a way that helps ensure there is time for the proper questioning of witnesses and so as to bring matters to a timely conclusion at the end of the hearing.
11. Do I have to pay any costs?
Each party pays their own costs unless, in very rare cases, a party has been manifestly unreasonable or has been responsible for frivolous, vexatious, improper or unreasonable behaviour.
Glossary of terms used on this page
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. Back
