Consultation issued on judges hearing some data protection and FOI cases alone

A consultation has been launched on whether certain data protection or freedom of information cases in the First-tier Tribunal (General Regulatory Chamber) could be heard by a judge sitting alone.

In the vast majority of cases non-legal members with substantial experience of data protection or FOI would continue to sit on tribunals which give final decisions. Nor would there be any reduction in the number of members forming a tribunal panel.

However, under the proposal put forward by the Chamber President, Judge Nicholas Warren, and put out for consultation by the Senior President of Tribunals, Sir Jeremy Sullivan, a judge sitting alone could take the final decision where:­

  • The issue before the Tribunal is whether the public authority holds the information.
  • The issue before the Tribunal is whether the public authority is in breach of the time limit.
  • The issue before the Tribunal is whether the cost of compliance with the request exceeds the costs limit.
  • The issue before the Tribunal is whether information is readily accessible by other means.
  • A public authority appeals against an information notice or enforcement notice issued under the Freedom of Information Act Cases where a single judge is already familiar with the evidence because of previous involvement with the case and all parties are content that a decision should be taken without a hearing.
  • Cases where a single judge is already familiar with the evidence because of previous involvement with the case and all parties are content that a decision should be taken without a hearing.

A copy of the consultation can be viewed here.

The changes would involve the Senior President amending his practice statement regarding the composition of panels in the General Regulatory Chamber.

The present statement requires that, when a final decision is given, the Tribunal should be composed of one judge and two other members with two exceptions; those are where a case is struck out under rule 8 and where a case is disposed of by means of a consent order.

Views on the proposals must be submitted by 3 October 2014.