The Investigatory Powers Tribunal

Making a complaint

Right of appeal

You have the right to appeal a decision we have made if such an appeal raises an important point of law or principle, or there is another compelling reason. This provision came into effect on 31 December 2018 under section 67A of the Investigatory Powers Act 2016

You must first make an application to us for leave to appeal the relevant decision. If we refuse your application to appeal, you may seek leave to appeal from the relevant appeal court. When the Tribunal gives a determination in a case, we certify which court is the relevant court for the purposes of an appeal.

Under what circumstances can I appeal a Tribunal decision?

  • You have a right of appeal on a point of law against any Tribunal determination or decision which disposes of the complaint or proceedings under section 7 HRA, or is a final decision on a preliminary issue, such as whether the Tribunal has jurisdiction.
  • You have no right of appeal from a decision on a procedural issue, such as disclosure or stay of proceedings. Nor is there a right of appeal against a decision that the complaint is out of time or is frivolous or vexatious.

How do I make an appeal to the Tribunal?

You should make your application on this application form

Please note, you must ensure that you:

  1. Identify the decision to which the application relates
  2. Confirm that it does not relate to a procedural issue
  3. State the grounds of appeal, identifying the alleged error or errors of law, the important point of principle or practice or compelling reasons for granting leave
  4. Sign and date the application - if you are the applicant or their representative.

The application need not comply with (c) where CTT has identified an error of law and the Tribunal has not disclosed to the complainant the arguable error of law.

For more information about the rules governing the application for leave to appeal and how we consider applications please see Tribunal  Rules 16 and 17.

Communication with the Tribunal will only be received via the Secretariat, through the email address, postal address or telephone number listed on this website. On no account should direct contact be attempted with Tribunal members.

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