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
Mr Phillip Main
[FOI #12875 email]
Our Ref: 12111
Date: 20 August 2009
Dear Mr Main,
I am writing further to my letter of 27 July 2009, regarding your request for an
internal review.
I have now completed a full review of the handling of your request and of the
reasons behind the decisions taken by the Home Office. This request has
been treated on its own merits and all papers originally considered have been
re-considered as part of the internal review.
The first part of my review concerned the procedural aspects of the handling
of your case. Your request was received by the Department on 10 June 2009.
Section 10(1) of the Freedom of Information Act states:
‘a public authority must comply with section 1(1) promptly and in any event
not later than the twentieth working day following the date of receipt.’
A final response was sent by the caseworker on 22 July 2009. This represents
a period of 33 working days, between receipt of the request and the final
response being issued, well over the twenty working day deadline specified in
section 10(1) of the Act.
The twenty working day deadline is extendable by virtue of section 10(3) of
the Act. However, a full extension letter, and notice of the qualified
exemption(s) under consideration must be provided within the original
deadline. A Public Interest Test (PIT) extension letter was sent to you on 3
July 2009, the twentieth working day following receipt of your request. The
letter explained that the public interest in saying whether or not we hold
information relevant to the request, in relation to section 35(3) of the Act, was
being considered. The letter also provided a revised response date of 31 July
2009.
A final response informing you that the Department did not hold any
information relevant to your request was dispatched on 22 July 2009, well
inside the revised deadline provided in the PIT extension letter. As such I am
satisfied that your request was handled in full compliance with the
requirements of section 10 of the Act.
In the second part of my review I have looked at the substantive aspects of
the response provided to you. As part of this review I have asked the relevant
parts of the Department to re-conduct searches of their records for information
relevant to your request. They have again confirmed that no such information
is held.
I am therefore satisfied that the response provided to you on 22 July 2009,
was correct in all respects and uphold it in full.
Should you remain dissatisfied after this internal review you have the right of
complaint to the Information Commissioner, as established by section 50 of
the Freedom of Information Act. You can write to him at:
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely,
John Bragaglia
Information Access Consultant