When is the deadline for notice of appeal to the first-tier tribunal against a decision notice or a commissioner's notice?
The catalogue records a 28 days period from The date on which notice of the act or decision was sent to the appellant. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The date on which notice of the act or decision was sent to the appellant
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- Extendable, but not as of right. Rule 22(7) requires a late notice of appeal to include a request for an extension of time and the reason why it was not provided in time, and provides that unless the tribunal extends time under rule 5(3)(a) "the Tribunal must not admit the notice of appeal". The GRC applies the Martland / Denton-style approach to relief; short, well-explained delays are commonly forgiven, months of unexplained delay generally are not. Treat as a hard date in practice.
- This is the residual 28 day rule and it is what governs the main information rights appeals: FOIA s.57 appeals against a decision notice, information notice or enforcement notice, and DPA 2018 s.162 appeals against information, assessment, interview, enforcement, penalty and penalty variation notices. Neither s.57 FOIA nor s.162 DPA 2018 appears in the bespoke list in rule 22(6