Information Access Team
Shared Services Directorate
2 Marsham Street, London SW1P 4DF
Switchboard 020 7035 4848
E-mail: [email address] Website: www.homeoffice.gov.uk
M Khan
By e-mail
[FOI #10676 email]
22 February 2010
Dear M Khan
Freedom of Information request (our ref. 11699): internal review
Thank you for your e-mail of 1 July 2009, in which you asked for an internal review of
our response to your Freedom of Information (FoI) request. I apologise for the length
of time that it has taken to conclude this matter.
I have now completed the review. I have examined all the relevant papers,
considered whether the correct procedures were followed, and assessed the reasons
why information was withheld from you. I confirm that I was not involved in the initial
handling of your request.
My findings are set out in the attached report. My main conclusion is that the original
response was substantial y correct, although I note that your question about the
operational structure of two named departments within the Agency was not
answered. I would be grateful if you could confirm whether you now wish this part of
your request to be responded to.
In reviewing your request, I would like to clarify that the part of your request asking
how to make a complaint against Lin Homer should not in fact have been considered
under the Freedom of Information Act.
I apologise if the information on how to make a complaint is not clear. I have however
made enquiries with the United Kingdom Borders Agency (UKBA) in an attempt to
assist you in progressing the matter about which you are dissatisfied. I understand
from UKBA that the decision you are unhappy about is one made to refuse you leave
to remain.
I have interpreted that the letter from your MP was responded to by Lin Homer from
what you say in the first paragraph of your Freedom of Information Act request dated
18 April 2009. I would add however that I have not seen any of the correspondence
you refer to. I have established that UKBA guidance states that under Cabinet Office
guidance, where an MP has written about the day to day operations of an Executive
Agency the Minister can authorise the appropriate Chief Executive to reply. This may
explain why the letter from your MP was responded to by Lin Homer.
As your grievance concerns a decision about your particular case, it is not a matter
that fal s to be dealt with under the UKBA complaints procedure. I would instead
respectful y refer you to the decision letter you were sent regarding your leave to
remain as this wil provide you with information as to whether you have a right to
appeal and what this is.
I can assure you that UKBA are not trying to prevent you from making a complaint,
they are merely trying to provide you with the information you need to pursue the
matter through the correct channels.
If however you stil wish to complain about a matter other than the decision to refuse
you leave to remain you wil need to contact the relevant section within UKBA, their
website address is:
http://www.ukba.homeoffice.gov.uk/contact/makingacomplaint/howtomakeacomplaint
This completes the internal review process by the Home Office. If you remain
dissatisfied with the response to your FoI request, you have the right of complaint to
the Information Commissioner at the fol owing address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely
Caroline Cummins
Information Access Team
