Internal review of response to request under the Freedom of
Information (FoI) Act 2000 by M Khan (reference 11699)
Responding Unit: United Kingdom Border Agency (UKBA)
Chronology
Original FoI request:
18/4/09
Acknowledgement:
20/4/09
Clarification sought by UKBA:
24/4/09
Further information received:
25/4/09
UKBA
response:
22/5/09
Request for internal review:
1/7/09
Subject of request
1.
On 18 April 2009, M Khan (âthe applicantâ), made a request for
information under the Freedom of Information Act 2000 (âthe Actâ). The
request is attached in full at Annex A. I note that this request was
signed by Dr H Singh although M Khanâs name is at the head of the
request and is on all other correspondence. I have therefore only
referred to M Khan as the applicant in this report.
The response by UKBA
2.
The applicantâs request was acknowledged as being dealt with under
the terms of the Act on 20 April.
3.
On 24 April, UKBA sent the applicant an e-mail asking for clarification
of their request as the exact scope of the information requested was
unclear. This request is attached at Annex B.
4.
The applicant responded by e-mail on 25 April, included at Annex C.
5.
On 22 May, UKBA sent a response to the applicant. They were advised
that information on how to make a complaint could be found on UKBAâs
website. The applicant was also advised that the complaints procedure
applied to all members of UKBA staff including Lin Homer, and that the
guidance included making complaints about the professional conduct
of staff.
6.
UKBA added that the complaints procedure guidance did not apply to
customers dissatisfied with the decision on their case, and that the
decision letter they received would explain whether they could appeal
and how to do so. The response interpreted the information contained
in the applicantâs e-mail of 25 April as complaining about a decision
relating to their particular case.
M Khanâs request for an internal review
7.
On 1 July, the applicant requested an internal review of UKBAâs
handling of their request âFOI for submitting complaint against Lin
Homer, Chief Executive of Borders Agency.â The applicant provided no
specific reasons for requesting the review.
Procedural issues
8.
I note that the original FoI request was acknowledged promptly and,
following clarification sought from the applicant, the response was sent
within the 20 working day time limit thereby complying with the
requirement of section 10(1) of the Act.
Consideration of the response
9.
I have considered the original UKBA response to the applicantâs
request.
10.
Although M Khan mentioned the Act in their request, the part of it which
asked for details of how to make a complaint against Lin Homer should
have been responded to as general correspondence rather than under
the Act.
11.
That said however as the request was dealt with under the Act it falls to
be considered accordingly as part of my review.
12.
UKBAâs response confirmed that the complaints procedure guidance
was publicly available on the Agencyâs website and as such the
request for information was refused under section 21 of the Act.
13.
The response also advised that the complaints procedure did not apply
to people dissatisfied with the decision on their case and that their
decision letter would explain any right of appeal they might have.
14.
I note that the applicant also asked about the operational structure of
two UKBA departments in terms of staffing and management. No
response was provided in respect of this part of M Khanâs request.
Although the applicantâs request for an internal review did not refer to
this part of their request being unanswered, for the sake of
completeness I would ask M Khan to confirm whether they are stil
seeking a response to this request for information.
Advice and assistance (if applicable)
15.
Shortly after receiving the request, UKBA sought clarification from the
applicant about particular points contained within their request to
enable the Agency to provide them with the correct information.
16.
The response to the applicantâs request provided advice about UKBAâs
complaints procedure guidance and also differentiated between the
procedure for making a complaint and someone being unhappy with
the decision on their individual case.
17.
Although the request for information was refused under section 21 of
the Act, UKBA offered to assist the applicant if they had any difficulty
accessing the information.
Conclusion
18.
I conclude that UKBAâs response to the part of M Khanâs request
relating to guidance on how to make a complaint against Lin Homer
although correct, should not in fact have been dealt with under the Act.
19.
Following enquiries made with UKBA, I have established that the
applicant is unhappy with a decision to refuse them leave to remain.
This is not a matter that falls to be dealt with under the Agencyâs
complaints procedure. The applicant should instead refer to their
decision letter which wil provide details of any right of appeal and what
this is.
20.
UKBA failed however to respond to the part of the applicantâs request
regarding the operational structure of two of the Agencyâs departments.
M Khan is asked to confirm whether they are stil seeking this
information.
Information Access Team
Home Office
22/2/10