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When to appeal to the tribunal

The Information Commissioner's Office (ICO) is an independent body set up to promote access to official information and to protect personal information. Use the links below to find out more about what the Information Commissioner does, your rights to information and how personal information should be managed.

You can appeal to the ICO if a public authority (like the police or your council) refuses your request for information. You can also appeal about the way a business or public authority manages your personal information. For example, not keeping it safe or not removing it from a direct marketing list when asked.

If you are not happy with the ICO’s response, you can challenge it at a tribunal known as the Information Tribunal.

• Freedom of information

• Finding information on the environment

• Data protection and identity theft

Before you appeal

You can only appeal to the tribunal if the ICO has looked into your case and made its decision, called a ‘decision notice’. You will have to send a copy when you appeal.

• How to appeal to the Information Commissioner Opens new window

How to appeal to the tribunal

You do not have to use a 'Notice of Appeal' form, but it will help you give all the information you need to. You should read 'Guide to completing the Notice of Appeal form' to help you fill in the form correctly.

You must send the completed form to the address of the tribunal on the form. You must do this within 28 days of the ICO’s decision notice being sent to you.

You can also use this form to ask for more time to appeal. However, you need to do this within 28 days of the decision notice being sent to you.

• Download Information Tribunal Notice of Appeal form (PDF, 55K)

• Download Guide to completing the Notice of Appeal form (PDF, 41K)

• Help with PDF files

Getting help with your appeal

You don’t need knowledge of the law to appeal, but you might find it useful to get legal advice or someone to represent you. If someone represents you, information about your case will be sent to them and not you.

You can get free advice from Citizens Advice, they can also tell you where you might get free legal representation. You can get general appeal information from the tribunal online or contact their helpline. Telephone 0300 123 4504, Monday to Friday, 9.00 am to 5.00 pm.

• Find your local Citizens Advice Bureau

How the tribunal makes its decision

The tribunal’s decision is independent of government and based on the law and the evidence you give them. The basic steps on how decisions are made are shown below.

Step one: the tribunal will confirm that it has received your application.

Step two: the ICO will be sent a copy and given 28 days to respond.

Step three: the tribunal might ask for further information, called ‘directions’, and will make sure that both sides have copies of all the evidence. For example, send you a copy of the ICO’s response from step two. If you don’t follow a direction, your case could be delayed or dismissed.

Step four: the tribunal might arrange for you to go to a ‘pre-hearing review’. This is where everything is checked to make sure your case can go to a hearing.

Step five: your case will be dealt with at either a hearing or ‘paper’ hearing. The tribunal will confirm these details in writing at least 14 days before the hearing.

Hearings are usually open to the public and held in London, but you can ask for a different location in your Notice of Appeal. At the hearing, you or your representative explain your case to a judge and two other tribunal members. There are rules about how and when you do this which will be explained to you at the hearing.

If you have a paper hearing, you don’t have to attend and you will be asked to send your case in writing. The tribunal will make its decision based on this.

Step six: the tribunal will write to you with its decision as soon as possible after the hearing. Decisions are also published online.

• Information Tribunal decisions Opens new window

If you do not agree with the decision

If you do not agree with the tribunal’s decision, you might be able to get the decision ‘set aside’ (overturned). You might also be able to appeal to the Upper Tribunal (Administrative Appeals).

Getting decisions ‘set aside’

Ask the Information Tribunal to set aside their decision, usually within 28 days of receiving it. You can only do this if:

• paperwork you needed was not seen by the tribunal
• you or your representative didn’t attend the hearing
• you think the correct procedures weren’t followed

Appealing to the Upper Tribunal (Administrative Appeals)

You have to show that the law was misinterpreted or that procedures weren’t followed, so you might need legal or professional advice.

You need to ask the Information Tribunal for permission to appeal, usually within 28 days of their decision. If they don’t give you permission, you can ask the Upper Tribunal (Administrative Appeals) for permission to appeal. See the link below for more details.

• Appeal forms for the Upper Tribunal Administrative Appeals Chamber Opens new window

Complaining about how your case has been handled

See the link below if you want to complain about how your case was handled.

• Complain about court or tribunal staff Opens new window