SIOG7425 - Information and inspection powers: authorisations and approvals: tribunal approval of Sch 36 information notices

The following arrangements apply in FIS where an application is made to the Tribunal for approval of a Sch 36 information notice.

1. Applications involve members of the case team, who prepare and deliver the application: these may include the caseworker, their manager, and offline or ad hoc assistants or consultants.

2. At least one officer directly involved in the preparation and delivery, at the tribunal hearing, of each application will be an ‘applications expert’. The Authorised Officer, who must be to some extent independent of the case team, cannot also be the applications expert for the case.

3. An applications expert is an officer who has been directly and substantially involved in at least 3 applications in the last three years, including attendance at the hearing.

4. It is expected that, subject to operational constraints, each application will be used as an opportunity for a non-expert to work alongside an expert, so that the number of experts can be increased, and best practice disseminated.

5. Applications experts will be expected to assist caseworkers in teams with no experts, in preparation and presentation at the hearing. But those caseworkers remain responsible for their own cases, and should aim to gain expert status where practicable, by taking part in other applications.

6. Applications experts are responsible for maintaining a record of their involvement in cases which demonstrates their continuing expert status.

7. Authorised officers should satisfy themselves that an applications expert is involved, when they authorise the making of the application.

Most of those currently qualified as applications experts are located in what used to be known as FABA teams.