Appealing against a decision made by the Information Commissioner

The Information Commissioner's Office (ICO) was set up to promote access to official information and to protect personal information. If you are unhappy with a decision made by the Information Commissioner you might be able to appeal against it. Appeals are managed by an independent tribunal called the ‘Information Tribunal’. Find out when and how to appeal and where to get help and advice.

When to appeal to the tribunal

The tribunal is independent of government and makes its decision based on the law and the evidence given to it

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 the role of the Information Commissioner, 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. Contact details for the ICO regional office in Northern Ireland are at the following link.

Information Commissioner's Office (contacts section)

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

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.

Freedom of Information – when and how to complain - Information Commissioner's Office website

How to appeal to the tribunal

You have to fill out a ‘Notice of Appeal’ application form. Send this to the tribunal (their address is on the form) within 28 days of getting the ICO’s decision notice. You can also use this form to ask for more time to appeal, but do this within 28 days of getting the decision notice.

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 (like a solicitor or friend). 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.

phone 0845 600 0877 - Monday to Friday, 9.00 am to 5.00 pm
Find your local Citizens Advice Bureau (contacts section)

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 as follows.

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.

Decision: search by - Tribunal Judiciary website

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) or 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 must have a copy of the Information Tribunal’s decision before you can appeal to the Upper Tribunal.

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.