Forms & Guidance – Information Notices

Fast tracking Information Notice Appeals

1. Where during the investigation of a complaint under s.50 Freedom of Information Act 2000 (FOIA) the Information Commissioner requires to see information in order to carry out his investigation and the public authority refuses to provide the information the Commissioner may issue an Information Notice under s.51 FOIA requiring the disclosure of the information. The party against whom the notice has been served may appeal to the Tribunal under s.57(2) FOIA.
2. While the appeal is pending the Information Commissioner’s investigation will, in effect, be stayed. Therefore in order for the Commissioner to be able to resume his investigations within a reasonable timescale the Tribunal seeks to fast track Information Notice appeals. This is usually achieved by the Tribunal issuing directions without a pre-hearing review followed by determination on the papers only, i.e. without a hearing, within 8 – 10 weeks of receiving the Commissioner’s reply to the notice of appeal. A Judge sitting alone is permitted to hear such appeals. This will happen unless it appears to the Judge, taking into account any representations made by the parties, that it is necessary in the interests of justice to hear and determine the case before a full Tribunal.