Dear all, I wonder whether someone with practical experience can tell me about this:
I have a case (http://www.whatdotheyknow.com/request/big_society) where the ICO has issued a Decision Notice (FS50390437) against the Arts & Humanities Research Council (AHRC), requiring it to disclose certain records. The AHRC have emailed me today to say that they have submitted an appeal to the First-tier Tribunal (Information Rights), as of course they are entitled to do so. Now, I am aware that under the Tribunal's Rules of Procedure I (and indeed anyone) can make an application to be joined as additional party to the proceedings. However, on the tribunal website, there are also informal references to the fact that the Tribunal can join additional parties (e.g. the public authority if the original requester appeals, or the original requester if the public authority appeals), *either on its own motion or upon their request*. Does anyone have any clues as to how / when the Tribunal decides to join an original requester / ICO complainant to the appeal on its own motion? Also, am I supposed to receive an official letter from the Tribunal, saying "The AHRC has submitted a Notice of Appeal - this is our case number xxx/yyyy. If you want to be joined as Additional Party, you need to return the enclosed form"? Or is the burden on me to simply write to the Tribunal right now, saying "I heard that the AHRC submitted a Notice of Appeal yesterday, could you please join me to the proceedings?" Last, but perhaps most importantly, do people have recommendations on whether it's worth the trouble to seek to become an additional party? My instincts tell me to do so, not least because it would allow me to see what the Information Commissioner argues, and as an Additional Party I could then make further submissions if I believe that the IC's response omits something (one never knows) or if I feel I have pertinent points to make in response to the AHRC's submissions. Also, given that the Tribunal rarely awards costs, there would not be much risk for me in doing so. On the other hand, I guess the case could also be made that I should just sit back and watch AHRC and ICO play it out - but if I understand correctly, that would then prevent me from ever joining the proceedings again (i.e. if it goes to the Upper Tribunal or even beyond), I could never become "reinvolved"(?). Many thanks in advance for all help and guidance... Michael -- Michael Bimmler UK address: Merton College University of Oxford Oxford OX1 4JD United Kingdom +44 1865 280 000 extension 21828 +44 7824 181 743 [email protected] Switzerland address: Zuerichstrasse 119 8700 Kuesnacht (Zurich) Switzerland +41 44 912 20 18 +41 79 864 88 18 [email protected]
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