The ICO is meant to let you know of the appeal - in my case (<<http://www.whatdotheyknow.com/request/cycle_hire_contract_redacted_inf>> FS50387116 / EA/2012/0002) I received an email from them stating
===== "I write to advise you that this matter has now been passed to the Information Commissioner’s Solicitors as the public authority has appealed to the First-tier Tribunal (Information Rights) against Decision Notice FS50387116 dated 5 December 2011. Should you require any further information please contact: [FTT address] / E: [email protected] The First-tier Tribunal (Information Rights) website contains details of current appeals and information about stages of appeals, including hearing dates. As the Respondent the Commissioner will not be able to keep you informed about further developments on the appeal. If you wish to be joined as a party to the appeal you should contact the First- tier Tribunal (Information Rights) using the details above, quoting the relevant information, including reference numbers. It will be a matter for the Tribunal whether to join a person to an appeal." ======== Emailing them, I was asked to complete an application form giving reasons why I wanted to apply to be joined. I asked for additional guidance for this,because as you've spotted, there is none on their website, but none was forthcoming. I'm still deciding on whether to apply, but I think I've now left it too late, and I definitely won't be able to take 3 days off work for the oral hearing that's now scheduled for my case. At a recent FOI workshop on the FTT hosted by http://requestinitiative.org/ the advice given to me there was to go for it. It allows you to provide the requester's point of view which the ICO will not do, as they're intended to be a neutral 3rd party. If you think the ICO's Decision Notice or the original refusal notices didn't add up, you're able to make the common sense argument, or (and this is important) very case-specific public test arguments, as public authorities tend to fall into the trap of using generic ones which don't normally stand up at Tribunal. Deadlines are very important when submitting things, and can lead to an appeal being struck out if any are missed. One of the speakers at this workshop was Gregg Muttitt, and I'd recommend you read the blogpost he's written on appearing at Tribunal as it gives some great tips: <<http://www.fuelonthefire.com/?page=blog>> There are some more general tips on the FTT here written by a contributor to foiwiki with first-hand experience, although they apply more to appealing the ICO decision. <<http://foiwiki.com/foiwiki/index.php/How_to_appeal_to_the_First-Tier_Tribunal_(Information_Rights)>> Cheers Alex On 27 March 2012 09:32, Michael Bimmler <[email protected]> wrote: > Dear all, > > I wonder whether someone with practical experience can tell me about this: > > I have a case (http://www.whatdotheyknow.com/request/big_society) where the > ICO has issued a Decision Notice (FS50390437) against the Arts & Humanities > Research Council (AHRC), requiring it to disclose certain records. > > The AHRC have emailed me today to say that they have submitted an appeal to > the First-tier Tribunal (Information Rights), as of course they are entitled > to do so. > > Now, I am aware that under the Tribunal's Rules of Procedure I (and indeed > anyone) can make an application to be joined as additional party to the > proceedings. However, on the tribunal website, there are also informal > references to the fact that the Tribunal can join additional parties (e.g. > the public authority if the original requester appeals, or the original > requester if the public authority appeals), *either on its own motion or > upon their request*. > > Does anyone have any clues as to how / when the Tribunal decides to join an > original requester / ICO complainant to the appeal on its own motion? Also, > am I supposed to receive an official letter from the Tribunal, saying "The > AHRC has submitted a Notice of Appeal - this is our case number xxx/yyyy. If > you want to be joined as Additional Party, you need to return the enclosed > form"? > > Or is the burden on me to simply write to the Tribunal right now, saying "I > heard that the AHRC submitted a Notice of Appeal yesterday, could you please > join me to the proceedings?" > > Last, but perhaps most importantly, do people have recommendations on > whether it's worth the trouble to seek to become an additional party? My > instincts tell me to do so, not least because it would allow me to see what > the Information Commissioner argues, and as an Additional Party I could then > make further submissions if I believe that the IC's response omits something > (one never knows) or if I feel I have pertinent points to make in response > to the AHRC's submissions. Also, given that the Tribunal rarely awards > costs, there would not be much risk for me in doing so. On the other hand, I > guess the case could also be made that I should just sit back and watch AHRC > and ICO play it out - but if I understand correctly, that would then prevent > me from ever joining the proceedings again (i.e. if it goes to the Upper > Tribunal or even beyond), I could never become "reinvolved"(?). > > Many thanks in advance for all help and guidance... > > Michael > > -- > Michael Bimmler > > UK address: > Merton College > University of Oxford > Oxford OX1 4JD > United Kingdom > +44 1865 280 000 extension 21828 > +44 7824 181 743 > [email protected] > > Switzerland address: > Zuerichstrasse 119 > 8700 Kuesnacht (Zurich) > Switzerland > +41 44 912 20 18 > +41 79 864 88 18 > [email protected] > > _______________________________________________ > developers-public mailing list > [email protected] > https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public > > Unsubscribe: > https://secure.mysociety.org/admin/lists/mailman/options/developers-public/alex%40alexskene.com _______________________________________________ developers-public mailing list [email protected] https://secure.mysociety.org/admin/lists/mailman/listinfo/developers-public Unsubscribe: https://secure.mysociety.org/admin/lists/mailman/options/developers-public/archive%40mail-archive.com
