The Freedom of Information Act 2000 (FOI) gives people the right to request information from public authorities. It is intended to promote a culture of openness and accountability among public sector bodies, and therefore facilitate better public understanding as to how public authorities carry out their duties, why they make the decisions they do, and how they spend public money.
The right to make a request
The Freedom of Information Act 2000 came fully into force on 1 January 2005 and further information is available from the Information Commissioners Office.
The Northern Ireland Courts and Tribunals Service is one of the public bodies covered by the terms of this Act.
The right to request information under this Act is not confined to citizens of the United Kingdom or from those resident in the United Kingdom. Requests can made by individuals of any nationality from anywhere in the world.
The request must be in writing and the request may be made by e-mail, but the authority receiving the request has the right to confirm the address of the applicant. It must also relate to information that we already hold. The Act does not provide for the compilation of information.
Requests must be processed within 20 working days provided that all of the necessary information is submitted by the applicant. Where the receiving authority is in any doubt as to the precise nature of the information requested it is entitled to seek additional information from the applicant. In this event the 20 day working day deadline will not commence until clarification is received.
Making a request
Prior to making a request you should consider whether the Northern Ireland Courts and Tribunals Service is the most appropriate authority to send a request to. Your request will be answered more quickly if you write directly to the authority that holds the information.
Applications can be made by any of the following methods:
Informationaccessnicts@courtsni.gov.uk
Post
Send your written request to:
Records and Information Management Team
Northern Ireland Courts and Tribunals Service
Laganside House
23-27 Oxford Street
Belfast BT1 3LA
Please include your full postal address and describe in as much detail as possible the information that you require. Providing any relevant dates, events or subject-headings that will enable us to ascertain if we hold the information.
What happens next - how will my request be processed?
If the information you request is already reasonably accessible in the public domain (e.g. on the website or published in a report that can be found in a library) then we will direct you to where you can obtain the information. Similarly, if your request does not relate to the Northern Ireland Courts and Tribunals Service then we will endeavour to provide you with the contact details of other authorities who may be able to help you. We will not transfer your request to other authorities without contacting you beforehand.
If your request relates to information held by the Northern Ireland Courts and Tribunals Service then we will acknowledge your request and provide you with a full response within 20 working days of receiving the request.
There are special circumstances when the 20 day deadline can be extended. These include:
If we write to you asking for clarification because we cannot understand exactly what information you are looking for. The clock-stops until we receive a response from you.
If a qualified exemption applies and extra time is required in regard to applying the public interest test.
In all cases you will be kept informed if there is a delay.
Are there any fees?
In the majority of cases there will not be a charge.
The FOI Act makes provision for public authorities to charge fees in accordance with the Fees Regulations which are laid before parliament.
There may be cases where a request for information is so complex that it would exceed the cost threshold. In these instances you will be informed of the options available (such as refining your question so that it can be dealt with for free).
Can all information be released?
In some cases we will not be able to answer all or part of your request because the Northern Ireland Courts and Tribunals Service does not hold the information.
In most cases information that the Northern Ireland Courts and Tribunals Service holds can be released but the the FOI Act does include a number of exemptions including s32 which absolutely exempts access to court records. If the Northern Ireland Courts and Tribunals Service decides to apply an exemption you will be kept informed.
The supply of information under the Freedom of Information Act does not give the recipient or organisation that receives it the automatic right to re-use it in any way that would infringe copyright. This includes, for example, making multiple copies, publishing and issuing copies to the public.
What about personal data?
Requests for personal data are covered by the the Data Protection Act (2018). If you would like a permanent copy of the data which you believe the Northern Ireland Courts and Tribunals Service holds on you then a subject access request can be made by writing to:
Access to Personal Data
Informationaccessnicts@courtsni.gov.uk
Post
Send your written request to:
Records and Information Management Team
Northern Ireland Courts and Tribunals Service
Laganside House
23-27 Oxford Street
Belfast BT1 3LA
To contact the Data Protection Officer about personal data
UPDATE: COVID-19 – as above postal address not currently in use
Department of Justice
Freedom of Information Team & Access to Personal Data
Information Services Division
Block 2
Knockview Buildings
Ballymiscaw
Stormont
Belfast
BT4 3SL
UPDATE: COVID-19 – as above telephone temporarily unavailable, will re-establish this in coming weeks
Telephone 028 9037 8617
UPDATE: COVID-19 – as above. Please email all Data Protection Officer enquiries or complaints to this address:
Email DataProtectionOfficer@justice-ni.x.gsi.gov.uk
You will need to provide adequate identification before your request is processed. Once this has been received we will aim to provide a response within one month. The timescale for response can be extended by a further two months for reasons of complexity or due to the volume of requests received from the individual. You will be notified within one month of receiving your request and provided with an explanation as to why it has been necessary to extend the time frame for the response.
Privacy notice for FoI & DPA requests
In order to process requests for information, it is necessary for us to gather a certain amount of your personal data, e.g. contact details. We will only gather the information that is necessary to process your request. The Department of Justice (NI) and its executive agencies (including the Northern Ireland Courts and Tribunals Service) is the Data Controller for this, and the sole purpose is to allow us to process your request for information. We will not share this information with anyone else, with the exception of the Information Commissioner, should they request it. We will retain your information for a period of one year, to allow us to deal with any subsequent complaints.
You have the right to request all personal data we hold about you; if you feel we have made any mistakes, you have the right to request that we correct your information. While the Data Protection Act gives you the right to request that we delete your personal data relating to an FoI or DPA request, you should be aware that this would mean that we can no longer process your request.
Should you have any concerns about how we handle the personal data relating to your request for information, you have the right to request an Internal Review (FoI) or to raise your concerns with our Data Protection Officer. In all cases, you have the right to complain to the complain to the Information Commissioner.
DataProtectionOfficer@justice-ni.x.gsi.gov.uk
What if I am dissatisfied with the response I receive?
The FOI Act makes provision for members of the public to appeal against the response given to a request for information, or to challenge the way in which their request was handled.
In the first instance, members of the public who are dissatisfied with either the response or the handling of their request should contact the relevant public authority. All complaints should be put in writing to the FOI Team email address below. For the Northern Ireland Courts and Tribunals Service, any complaints or comments should be addressed to:
Informationaccessnicts@courtsni.gov.uk
Post
Send your written request to:
Records and Information Management Team
Northern Ireland Courts and Tribunals Service
Laganside House
23-27 Oxford Street
Belfast BT1 3LA
On receipt of a complaint we will contact you to acknowledge that it has been received. Your complaint will be handled by a Reviewer(s) unconnected with the initial request. Where this is not possible you will be informed.
We will aim to complete the review of your request within 20 working days. Where this is not possible, you will be kept informed of progress and given a likely date for a reply.
The review of your request will consist of an analysis of the initial reasons for withholding the information and a consideration of how and why the Public Interest Test was applied. If necessary, the Reviewer(s) will seek legal advice.
If the Reviewer(s) overturns the original decision, the request will be processed and the information released to you, entirely or in part. If the panel upholds the original decision you will receive a letter detailing the reasons why we are unable to provide the information requested.
If you are not satisfied with our response to your complaint, you can contact the can contact the Information Commissioner.