Scrutiny Management Committee consultation on the Freedom of Information Appeals Panel review

Friday 17 April 2026

The Scrutiny Management Committee (SMC) today is launching a consultation on its review of the Freedom of Information Appeals Panel.

The Freedom of Information Appeals Panel has now been in operation for four years and in its 2024 Summary Report discussed some issues it had encountered with non-compliance in its determinations. As currently the Appeals Panel has no recourse to enforce its determinations a recommendation was made to potentially seek additional legal powers to compel States Committees and Bodies to comply.

The current members of the SMC believe it is important that the Appeals Panel has the option when appropriate to compel States Committees and Bodies to comply with its determinations in certain circumstances.

With this in mind, the SMC is now proposing to submit a Policy Letter which makes recommendations on the powers and impartial management arrangements that will be necessary to enable the Freedom of Information Appeals Panel the powers to compel States Committees and Bodies to comply with its determinations (see explanatory note).

The SMC would like to invite Government Committees and Bodies and any other interested parties to submit their views and any supporting evidence to [email protected] by Tuesday 5th May 2026.

Deputy Andy Sloan, President of the Scrutiny Management Committee, said:

"The Appeals Panel was created to provide independent oversight of decisions on access to information. But independence without the ability to enforce decisions is, in practice, limited.

"What this consultation is about is straightforward: whether we are serious about transparency, and whether we are prepared to give the system the authority it needs to command public confidence.

"We are not proposing a wholesale redesign. We are proposing a practical step forward a more robust framework, with proportionate powers to ensure that when decisions are made, they carry real weight."