A blog about Wirral Council, Wirral Council's councillors & officers
A blog about Wirral Council's public meetings, Wirral Council's councillors, Bidston & St. James ward and other public bodies on Merseyside
So what happened each month in 2017?
2017 was such a newsworthy year it’s hard to know where to start.
January
The year started with councillors on Merseyside Fire and Rescue Authority furious over the refusal of planning permission for a new fire station in Saughall Massie.
Continue reading “So what happened each month in 2017?”
Should EU laws on the environment be disregarded by the British judiciary before the UK has left the EU?
In a follow-up to yesterday’s story Wirral Council’s Cabinet agree 150 year lease for fire station in Saughall Massie I am going to write an editorial on a related matter. I’ll start by pointing out that I was the Appellant in the First-tier Tribunal matter referred to and Applicant in the related Upper Tribunal case.
Below is an opinion piece, I am not a legal professional and one of the costs decision referred to is sub judice. However as Editor I have decided there is a public interest in these matters being written about for various reasons.
Government consults on introducing £100 (papers) and £500 (hearing) fees for appeals to ICO decision notices
Four days ago the Ministry of Justice started consulting on increasing fees for various civil courts and tribunals. The consultation closes on the 15th September 2015.
This is what one of their consultation documents states:
125. In 2013–14 the estimated cost of the General Regulatory Chamber (including Gambling) was £1.6m. The fee income generated from Gambling proceedings (the only fee charging tribunal within the General Regulatory Chamber) was £11,600.
126. In the remaining jurisdictions within the General Regulatory Chamber, we have proposed one fee for an appeal decision on the papers and one fee for an oral hearing. Our proposal is to charge a fee of £100 to issue proceedings, which would entitle the claimant to a decision based on a review of the papers. The claimant may alternatively elect for an oral hearing, in which case a further fee of £500 would be payable. Based on current volumes, we estimate that this proposal would generate a cost recovery percentage of around 17% after remissions.
127. The fees will also apply to “reference” cases where cases are started in the first-tier Tribunal but have to be referred directly to the Upper Tribunal for a first instance hearing.
Questions
Question 14: Do you agree with the proposed fees for all proceedings in the General Regulatory Chamber: specifically £100 to start proceedings with a determination on the papers; and a further fee of £500 for a hearing? Please give reasons.
Question 15: Are there any proceedings in the General Regulatory Chamber that should be exempt from fees? Please give reasons.
I’d better explain a bit better what the above is about by explaining the process to making a FOI request.
You make a Freedom of Information Act request to a public body and if is turned down (whether in part or in full) you can ask the same public body for an internal review.
If at the internal review there is still information withheld and you feel that they shouldn’t have withheld the information you can appeal the internal review decision to the Information Commissioner’s Office.
The Information Commissioner’s Office then look into the matter (which can take months as ICO have a backlog of cases) and issue a decision notice (sometimes even if the public body changes their mind and releases the information requested during this time). You can see an example of a decision notice ICO issued for a request I made to Wirral Council on ICO’s website here.
If either the public body or the person making the FOI request disagree with the decision notice, they have 28 days to appeal the decision to the First Tier Tribunal (Information Rights) which is part of the General Regulatory Chamber.
Appeals can then be made of decisions of the First Tier Tribunal (Information Rights) on a point of law only to the Upper Tribunal.
The consultation is proposing that if someone (whether the public body or the person making the request) wishes to challenge an ICO decision notice by appealing it to the First Tier Tribunal (Information Rights) that there will be a charge of £100 if the decision is made on the papers and £500 if a hearing is required.
The Panopticon blog has also written about this consultation (far more eloquently and in a more entertaining way than I could manage) in a piece headlined Circle the Wagons: They are Coming for the Information Tribunal.
So what do readers think about this proposed change? Most of the appeals to ICO decision notices to the First Tier Tribunal (Information Rights) are by litigants in person, who unless they fall into one of the categories of people who don’t have to pay fees a fee of £100 or £500 may make them think twice before appealing a decision.
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