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Freedom of Information Publication Scheme

(Feb 2004)

This scheme, which was published as Appendix B to the Council's Annual Report for 2003/2004, lists the classes of information that we will make available as a matter of course.



Contents

Part 1: Introduction
Part 2: Classes of Information

Part 1: Introduction

Role of the Council on Tribunals

The Council on Tribunals and its Scottish Committee supervise Tribunals in England, Scotland, and Wales and (to a limited extent) Northern Ireland as listed in the Tribunals and Inquiries Act 1992. The Council is responsible for keeping under review, and reporting on, the constitution and working of the tribunals under its supervision, and where necessary, considering and reporting on the administrative procedures of statutory inquiries.

The Council seeks to ensure that tribunals and inquiries are:

  • independent
  • open, fair and impartial
  • accessible to users
  • focused on the needs of their users
  • cost effective
  • properly resourced and organised
  • responsive to the needs of all sections of society

Freedom of Information Act 2000: Introduction

The Freedom of Information (FOI) Act 20001 (the Act) received Royal Assent on 30 November 2000. It establishes a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities. The Act applies to a huge number of public authorities, including Government Departments. When the access rights under the Act come into force you will be entitled, on making a request for information to the Council of Tribunals (unless the information falls under one of the specific exemptions in the Act):

  1. to be informed in writing by the Council whether it holds information of the description specified in your request, and
  2. if that is the case, to have that information communicated to you.

The Act provides for a time limit for dealing with a request for information that is, within 20 working days. The Act also provides for an appeal mechanism whereby you may apply to the Information Commissioner for a decision as to whether the Council on Tribunals dealt with a specified request in accordance with the Act.

A fee may be charged for processing Freedom of Information requests. The fee will be prescribed by secondary legislation. Full access rights under the Freedom of Information Act will come into force on 1 January 2005.

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Publication Scheme: Introduction

Under the Freedom of Information Act 2000 all public authorities are obliged to adopt and maintain a Publication Scheme specifying

  • classes of information which they publish or intend to publish;
  • the manner in which the information is or is intended to be published; and
  • whether the material is or is intended to be made available to the public free of charge or on payment.

The purpose of the Publication Scheme is to ensure that a large amount of information is readily available to members of the public, i.e. without the need for specific consideration under the Freedom of Information Act, and to inform the public of the extent of material that is available.

"Readily available" means that information will be supplied immediately on receipt of a letter or telephone call to the Council.

Part 2 below sets out the classes of information that the Council on Tribunals publishes or intends to publish.

Responsibility for the Publication Scheme

The Acting Secretary to the Council, Mr Ray Burningham, has overall responsibility for the Council on Tribunals' Publication Scheme.

The person responsible for maintaining the Publication Scheme on a daily basis is:

Mr Simon Butterworth
Council on Tribunals
81 Chancery Lane
London WC2A 1BQ

The Council will consider providing details of its Publication Scheme in alternative formats or languages on request.

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Publication Scheme: Contacting the Council on Tribunals

If you wish to obtain a hard copy of any of the publications contained within the scheme, please write to the above address, or e-mail the Council on Tribunals at: enquiries@cot.gsi.gov.uk. The Council will forward to the Scottish Committee any request falling within the Scottish Committee's remit.

Charging for Publications

The Council aims to provide publications free of charge wherever possible, but reserves the right to charge in certain circumstances.

Copyright

The Council on Tribunals retains copyright (and database rights, where applicable) in all the material in this Scheme except where individual material shows otherwise e.g. where it is shown as Crown Copyright.

Material in this Scheme in which the Council on Tribunals has copyright or database rights may be copied and reproduced without formal permission, provided:

  1. it is copied or reproduced accurately and is not used in a misleading context;
  2. where the material is being copied or reproduced for others, the source of the material is identified and the copyright status acknowledged; and
  3. the copying or reproduction is not for financial benefit.

For material in which copyright or database rights are retained by other organisations formal permission is required before this is copied or reproduced.

Requests for Personal Information: the Data Protection Act 1998

You have a statutory right of access (certain exemptions apply) to personal data about yourself under the Data Protection Act 1998.2 The right of access here is to personal data held on computer or on structured manual files and you are entitled to be informed whether any personal data concerning yourself is being held by the "data controller" i.e., the Council, and, if so:

  • to be given a description of the data in question
  • to be told for what purposes the data are processed
  • to be told of the recipients or classes of recipients to whom the data are or may be disclosed.

You are also entitled to be given a copy of the information with any unintelligible terms explained and to be given any information available to the Council on Tribunals as to the source of the data. The Freedom of Information Act will extend this right to access to personal data held on any type of file, with effect from 1 January 2005.

If you wish to apply for access to your personal data, known as a "subject access request", you should write to the Council on Tribunals at the contact address above.

A request for access to personal data will be dealt with promptly and, in any event, within 40 days of receipt of the request. The Council on Tribunals may charge a fee, not exceeding £10.

If you consider that a request by you for access to your personal data was not dealt with in accordance with the Data Protection Act 1998 you may take further action as follows:

  1. You may apply to the court alleging a failure to comply with the subject access provisions of the 1998 Act. The court may make an order requiring compliance with those provisions and may also award compensation for any damage you have suffered as a result and any associated distress.
  2. You may write to the Information Commissioner, who may do one of the following:
  3. make an assessment as to whether it is likely or unlikely that the Council has complied with the 1998 Act
  4. issue enforcement proceedings if he is satisfied that the Council has contravened one of the Data Protection Principles
  5. recommend that you apply to the court alleging a failure to comply with the subject access provisions of the 1998 Act.

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Comments and complaints about the Publication Scheme

If you have any comments about the Publication Scheme or if you think the Council has not supplied information in accordance with the scheme then you should write, in the first instance, to:

Mr Ray Burningham
Acting Secretary
Council on Tribunals
81 Chancery Lane
London WC2A 1BQ

If, after the investigation of your complaint, you remain dissatisfied then you may ask for the matter to be internally reviewed. If you are still dissatisfied then you may refer your complaint to the Information Commissioner.

The Council on Tribunals aims to deal with the investigation of complaints within 20 working days and to complete internal reviews also within 20 working days.

Review of the Publication Scheme

The Council on Tribunals will review this Publication Scheme in June 2005 and annually thereafter.

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Part 2: Classes of Information

The publication scheme is a complete guide to the information routinely published by the Council on Tribunals. It is not a list of the actual publications, since this will change as other things are published but rather it is a description of the classes or types of information published. Information that falls into the classes below will be retained in line with the Council on Tribunals retention and disposal schedules.

Agenda, papers and minutes of the meetings of the Council and Scottish Committee and their sub-committees.

  • Agenda, papers and minutes of the Council and Scottish Committee and their sub-committees from July 2004 (excluding visit progress reports). Information contained in such papers may be withheld or edited if it contains material falling within one of the exemptions under the Freedom of Information Act, for example court records etc, formulation of government policy etc, prejudice to effective conduct of public affairs, or personal information. This may entail the withholding of draft material on which work is still in progress.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Conference programmes and handouts

  • Programmes and handouts supplied at the Council and Scottish Committee conferences.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.
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Responses by the Council and Scottish Committee to public consultations and statutory consultations under the Tribunals and Inquiries Act 1992.

  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Record retention and disposal schedules of the Council and Scottish Committee

  • Schedules setting out the length of time records held.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Business plans of the Council

  • Three year business plans of the Council.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Leaflets, information sheets and policy statements of the Council and Scottish Committee

  • Documents produced by the Council and Scottish Committee including the role and functions of the Council
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

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List of appointments to the Council and Scottish Committee

  • List of appointments made by the Lord Chancellor and Scottish Ministers to the Council and Scottish Committee.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Council and Scottish Committee Biographies

  • Brief biography of serving Council members
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Public Appointments Recruitment

  • Details of selection criteria for appointment to the Council, advertisements placed in media to recruit new Council members and application forms.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Public Appointments guidance to members

  • Guidance to Council members on appointment detailing their entitlements to expenses for attending meetings and tribunal visits.
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

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Secretariat: Organisation structure

  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

Annual Reports

  • Annual Reports of the work of the Council on Tribunals
  • Available as hard copy, electronic copy in pdf (web) format. Can be purchased from The Stationery Office.
  • Link: www.council-on-tribunals.gov.uk
  • Class includes chargeable matter.

Annual Reports of the Scottish Committee

  • Annual Reports of the work of the Scottish Committee
  • Available as hard copy, electronic copy in pdf (web) format.
  • Link: www.council-on-tribunals.gov.uk
  • Class includes chargeable matter.

Special Reports of the Council

  • Special Reports on for example Tribunals: their Organisation and Independence, Mental Health Review Tribunals, School Admission and Exclusion Appeal Panels
  • Available as hard copy, electronic copy in pdf (web) format. Can be purchased from The Stationery Office.
  • Link: www.council-on-tribunals.gov.uk
  • Class includes chargeable matter.

Special Reports of the Scottish Committee

  • Special Reports on for example Education Appeal Committees, Children's Hearings
  • Available as hard copy, electronic copy in MS Word or Excel, pdf (web) format. Can be purchased from The Stationery Office.
  • Class includes chargeable matter.

Other publications of the Council

  • Publications on for example Making Tribunals Accessible to Disabled People, Guide to Drafting Tribunal Rules, Framework of Standards for Tribunals
  • Available as hard copy, electronic copy in MS Word or Excel, pdf (web) format.
  • Link: www.council-on-tribunals.gov.uk
  • Class includes chargeable matter.

Press notices

  • Press notices issued by the Council and Scottish Committee
  • Available as hard copy, electronic copy in MS Word or Excel format.
  • Class includes chargeable matter.

 

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