Dear Judicial Appointments Commission,

Please can you provide an electronic copy of parts 1 and 3 (along with all pre-reading and all other material with which candidates were provided in order to complete the test) of the qualifying test for 084 Fee-paid Judge of the First-tier Tribunal. The feedback report for this test was published by yourselves on 6 March 2018.

Yours faithfully,
G Webber

FOIA, Judicial Appointments Commission

Dear G Webber

Thank you for your email of 20 September 2018 containing your Freedom of Information request.

The JAC has a statutory duty under the Freedom of Information Act 2000 to provide a response to Freedom of Information requests within 20 working days. You should therefore receive a full response by 25 October 2018.

In the meantime, please do not hesitate to contact me if you require any further assistance.

Kind regards,

Ian Thomson
Head of HR/Finance/Business Services/Complaints
Judicial Appointments Commission
Clive House
5th Floor , 70 Petty France,
London, SW1H 9EX
Tel 020 3334 5899 [mobile number]

If you receive this email late at night or early in the morning or at a weekend, it means I am working flexibly.
In order for me to complete my work I have to work flexibily but if you would prefer to receive emails during core working hours only, please let me know.
www.judicialappointments.gov.uk | LinkedIn | Twitter
The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition

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Thomson, Ian (JAC), Judicial Appointments Commission

1 Attachment

Dear G Webber

Further to your email of 20 September, please find attached response.

Regards

Ian Thomson
Head of HR/Finance/Business Services/Complaints
Judicial Appointments Commission
Clive House
5th Floor , 70 Petty France,
London, SW1H 9EX
Tel 020 3334 5899 [mobile number]

If you receive this email late at night or early in the morning or at a weekend, it means I am working flexibly.
In order for me to complete my work I have to work flexibily but if you would prefer to receive emails during core working hours only, please let me know.
www.judicialappointments.gov.uk | LinkedIn | Twitter
The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition

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Dear Mr Thomson

I write to request an internal review. My grounds are as follows:

- Your refusal notice says, "I have also consisdered the public interest in maintaining the exemption," however you do not seem to have considered the public interest in NOT maintaining the exemption. There is no evidence in your refusal notice that you have considered both sides, or conducted any form of balancing exercise at all, whereas the Freedom of Information Act explicitly requires such a balancing exercise.

- There are some significant public interest factors in favour of disclosure, including
(1) the public interest in the public being able to see for themselves, and form opinions about the efficacy of, a key component of the process by which judges are selected,
(2) the public interest in prospective judges being able to see for themselves an actual sample of the type of test they will have to sit, which is a clear example of good practice hence eg public exam boards providing past GCSE papers online, and
(3) the public interest in the public being able to assess whether the JAC was wise to spend its time and resources in drafting fictitious legislation and inventing fictitious tribunals, which is a contrast in approach to other selection exercises which have relied on genuine legislation.

- Additionally, the public interest in maintaining the exemption is much weaker than your refusal notice makes out. In particular:
(1) a relatively detailed synopsis of the test has already been made public, in the report to which I referred in my request, so the test has already lost some of its 'surprise value' as future prospective applicants who are set the same test will be aware of significant details of its general form, structure and premise, whereas those who sat it for the first time will not have been armed with this knowledge,
(2) the JAC is perfectly capable of producing new tests for future selection exercises, just as public exam boards write new GCSE papers for every exam cycle, and indeed this is an example of good practice,
(3) the test has already been sat by a significant number of people, many of whom were unsuccessful, and these people are likely to retain either copies or, at the very least, a detailed recollection of its content, and these unsuccessful people may well wish to re-apply in future, so the test is no longer secure in any event - you could hardly give re-applicants the same test again, and even those who do not re-apply may well tell friends and colleagues details of the test they sat.

- Finally, a procedural ground: the section 36 exemption is only available if the public authority's senior Qualified Person has given their affirmative assent to this. But you haven't referred to this, or identified the JAC's Qualified Person, which suggests that your refusal notice is inadequate. The Qualified Person's assent is a vital part of section 36; without it, the exemption is not engaged. You should therefore have addressed this.

Yours sincerely

G Webber

Thomson, Ian (JAC), Judicial Appointments Commission

Dear G Webber

Morning and thank you for your further e-mail of 25 September 2018..

I will now arrange for an Internal Review to be undertaken. Like initial requests, the intention is to respond within 20 working days. We will therefore aim to respond to you by 23 October 2018..

Regards

Ian Thomson
Head of HR/Finance/Business Services/Complaints
Judicial Appointments Commission
Clive House
5th Floor , 70 Petty France,
London, SW1H 9EX
Tel 020 3334 5899 [mobile number]

If you receive this email late at night or early in the morning or at a weekend, it means I am working flexibly.
In order for me to complete my work I have to work flexibily but if you would prefer to receive emails during core working hours only, please let me know.
www.judicialappointments.gov.uk | LinkedIn | Twitter
The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition

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Crouch, Alan, Judicial Appointments Commission

Dear G Webber,

Your request for an Internal Review was passed to me by Mr Thomson and I am currently in the process of undertaking this review

Unfortunately, I will not be in a position to have concluded the review by the date proposed below on 23 October. I expect to be in a position to provide a response to you by Friday 26 October

Please accept my apologies for this delay

Regards

Alan Crouch
Head of Digital & Information Security | Judicial Appointments Commission | 5th Floor, Clive House, 70 Petty France, London, SW1H 9EX | M07580 907086
jac.judiciary.gov.uk | LinkedIn | Twitter |
The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition.

From: Thomson, Ian (JAC)
Sent: 26 September 2018 09:20
To: 'G Webber' <[FOI #520798 email]>
Subject: RE: FW: Freedom of Information request - FTT test

Dear G Webber

Morning and thank you for your further e-mail of 25 September 2018..

I will now arrange for an Internal Review to be undertaken. Like initial requests, the intention is to respond within 20 working days. We will therefore aim to respond to you by 23 October 2018..

Regards

Ian Thomson
Head of HR/Finance/Business Services/Complaints Judicial Appointments Commission Clive House 5th Floor , 70 Petty France, London, SW1H 9EX Tel 020 3334 5899 [mobile number]

If you receive this email late at night or early in the morning or at a weekend, it means I am working flexibly.
In order for me to complete my work I have to work flexibily but if you would prefer to receive emails during core working hours only, please let me know.
www.judicialappointments.gov.uk | LinkedIn | Twitter The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition

show quoted sections

Crouch, Alan, Judicial Appointments Commission

1 Attachment

Dear G Webber,

Further to your request on 25 September for an internal review of the handling of your Freedom of Information request

Please find attached a letter setting out the findings of my review

Regards
Alan Crouch
Head of Digital & Information Security | Judicial Appointments Commission | 5th Floor, Clive House, 70 Petty France, London, SW1H 9EX | M07580 907086
jac.judiciary.gov.uk | LinkedIn | Twitter |
The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition.

show quoted sections

Thomson, Ian (JAC), Judicial Appointments Commission

3 Attachments

Dear Mr Webber

 

Further to our earlier correspondence on this matter, please find attached
letter and enclosures.

 

Regards

 

Ian Thomson

Head of Corporate Services

Judicial Appointments Commission

Clive House

5th Floor , 70 Petty France,

London, SW1H 9EX

Tel 020 3334 5899  [mobile number]

 

If you receive this email late at night or early in the morning or at a
weekend, it means I am working flexibly.

In order for me to complete my work I have to work flexibily but if you
would prefer to receive emails during core working hours only, please let
me know.

[1]www.judicialappointments.gov.uk | [2]LinkedIn | [3]Twitter
The independent Judicial Appointments Commission selects candidates for
judicial office on merit, through fair and open competition

 

show quoted sections

Dear Thomson, Ian (JAC),

I trust you have received the ICO's decision notice; it would be helpful if you could outline your proposed next steps.

Yours sincerely,

G Webber

Dear Thomson, Ian (JAC),

I trust you have received the ICO's decision notice; I am still of the view that it would be helpful if you could outline your proposed next steps, as soon as possible.

Yours sincerely,

G Webber

Thomson, Ian (JAC), Judicial Appointments Commission

Mr Webber

Thank you for your emails and I apologise for not replying earlier.

I can confirm that we have received the Information Commissioners Notice and are currently consulting with our legal team as to our next steps. I will advise of the outcome of that consultation as soon as possible.

Regsards

Ian Thomson
Head of Corporate Services
Judicial Appointments Commission
Clive House
5th Floor , 70 Petty France,
London, SW1H 9EX
Tel 020 3334 5899 [mobile number]

If you receive this email late at night or early in the morning or at a weekend, it means I am working flexibly.
In order for me to complete my work I have to work flexibily but if you would prefer to receive emails during core working hours only, please let me know.
www.judicialappointments.gov.uk | LinkedIn | Twitter
The independent Judicial Appointments Commission selects candidates for judicial office on merit, through fair and open competition

show quoted sections

Thomson, Ian (JAC), Judicial Appointments Commission

2 Attachments

Mr Webber

 

Further to our recent correspondence please see attached letter and
document.

 

Normally I would scan the letter with signature but I am afraid we are
having technical issues today with scanner. So rather than delay thought I
would send.

 

Hope this is fine.

 

Regards

 

Ian Thomson

Head of Corporate Services

Judicial Appointments Commission

Clive House

5th Floor , 70 Petty France,

London, SW1H 9EX

Tel 020 3334 5899  [mobile number]

 

If you receive this email late at night or early in the morning or at a
weekend, it means I am working flexibly.

In order for me to complete my work I have to work flexibily but if you
would prefer to receive emails during core working hours only, please let
me know.

[1]www.judicialappointments.gov.uk | [2]LinkedIn | [3]Twitter
The independent Judicial Appointments Commission selects candidates for
judicial office on merit, through fair and open competition

 

show quoted sections