Appeal

If either a complainant or a public authority is unhappy with a decision of the Information Commissioner or the Scottish Information Commissioner, they can appeal the decision through the courts. The precise appeal route depends on the commissioner in question.

Non-Scottish appeals

Appeals against decisions of the Information Commissioner go to the First-Tier Tribunal or the Upper Tribunal by virtue of section 57 of the Freedom of Information Act 2000, as amended by SI 2010/22. Such cases are assigned to the General Regulatory Chamber of the First-Tier Tribunal by SI 2010/2655, except that appeals under FOIA Section 60 go straight to the Upper Tribunal.

Appeals against decisions of the First Tier Tribunal go to the Upper Tribunal by virtue of section 11 of the Tribunals, Courts and Enforcement Act 2007. Such appeals are assigned to the Administrative Appeals Chamber by SI 2010/2655.

Appeals against decisions of the Upper Tribunal go to the Court of Appeal in England and Wales, the Court of Session, or the Court of Appeal in Northern Ireland, as appropriate, by virtue of section 13 of the Tribunals, Courts and Enforcement Act 2007.

Appeals from each of those courts go to the Supreme Court of the United Kingdom.

Scottish appeals

Appeals against decisions of the Scottish Information Commissioner go straight to the Court of Session under section 56 of the Freedom of Information (Scotland) Act 2002, and thereafter to the Supreme Court.