Outcome of ICO appeal EA/2017/0124

The request was successful.

Dear Her Majesty’s Courts and the Tribunals Service,

RE; Information Request to Basildon Borough Council "Outcome of ICO appeal EA/2017/0124"

I notice that the First-Tier Tribunal judge (Angus Hamilton) who determined the appeal in a decision dated 12 January 2018 http://informationrights.decisions.tribu... was the same judge who refused permission to appeal to the Upper Tribunal in a Ruling dated 13 February 2018 https://www.whatdotheyknow.com/request/4... .

Is it normal practice (and lawful) for a judge to mark his own homework?

Yours faithfully,

Alfie Peters

HMCTS Customer Service (Correspondence), HM Courts and Tribunals Service

1 Attachment

Dear Mr Peters

 

Thank you for your email of 23 May about a decision of the First-tier
Tribunal – Information Rights.

 

It is routine for the Tribunal Judge in the General Regulatory Chamber
(GRC) to review a decision he/she has already made if a permission to
appeal that decision (PTA) has been received.  A PTA must identify the
alleged error or errors  of law made in the original GRC decision. The GRC
rules do not specify who should review the original decision. It has
always been the practice of the GRC Tribunal that the judge who heard the
original appeal and made the original decision reviews his or her decision
with a view to either refusing or granting the PTA  and issues a decision
giving the reasons for the PTA decision.

 

Whether the PTA is refused or granted the appellant still has the right
then to appeal to the UT.

 

The relevant rules are at Part 4 of the Tribunal Procedure (FTT)(GRC)
Rules 2009 Rules 42-45.

 

Yours sincerely

 

Christine Worsley | HM Courts & Tribunals Service
| Customer Investigations Team | Customer Directorate

6th Floor (6.02)  |  102 Petty France |  London |  SW1H 9AJ

 e-mail: [1][email address]

 

[2]HMCTS_BLK_DIGI

 

For information on how HMCTS uses personal data about you please see:
[3]https://www.gov.uk/government/organisati...

 

 

From: Alfie Peters [mailto:[FOI #486968 email]]

Sent: 23 May 2018 10:44

To: Data Access & Compliance Unit <[HMCTS request email]>

Subject: Freedom of Information request - Outcome of ICO appeal
EA/2017/0124

 

Dear Her Majesty’s Courts and the Tribunals Service,

 

RE; Information Request to Basildon Borough Council "Outcome of ICO appeal
EA/2017/0124"

 

I notice that the First-Tier Tribunal judge (Angus Hamilton) who
determined the appeal in a decision dated 12 January 2018
http://informationrights.decisions.tribu...
was the same judge who refused permission to appeal to the Upper Tribunal
in a Ruling dated 13 February 2018
https://www.whatdotheyknow.com/request/4...
.

 

Is it normal practice (and lawful) for a judge to mark his own homework?

 

Yours faithfully,

 

Alfie Peters

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[FOI #486968 email]

 

Is [HMCTS request email] the wrong address for Freedom of
Information requests to Her Majesty’s Courts and the Tribunals Service? If
so, please contact us using this form:

https://www.whatdotheyknow.com/change_re...

 

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:

https://www.whatdotheyknow.com/help/offi...

 

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:

https://www.whatdotheyknow.com/help/ico-...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

-------------------------------------------------------------------

 

______________________________________________________________________

This email has been scanned by the Symantec Email Security.cloud service.

For more information please visit http://www.symanteccloud.com
______________________________________________________________________

show quoted sections

Dear HMCTS Customer Service (Correspondence),

Thank you for disclosing the requested information.

Yours sincerely,

Alfie Peters