265791 How to Leaflet

Freedom of Information Act 2000
(FOI)
Publications Line
Freedom of Information
This deals with access to official information other
than environmental information.
t: 08453 091 091
Your right to know
You can request any information held by a public
f: 0870 600 81 01
How to complain
authority by letter or email. The request can be
refused only if there is good reason to do so.
Helpline
Information must also be published through the
t: 01625 545 745
authority’s publication scheme. The scheme must
f: 01625 524 510
state what classes of information are available,
e: [email address]
how they are to be provided and whether there will
[email address]
be a charge. (For more information on publication
schemes, see the ICO leaflet Read All About It.)
w: informationcommissioner.gov.uk
Environmental Information
Regulations (EIR)
These give a similar right of access to
environmental information held by public authorities
and those bodies carrying out a public function.
You can ask for environmental information by letter,
email, phone or in person.
Data Protection Act 1998 (DPA)
This gives a right of access to personal information
and also sets out the standards for handling
personal information. This Act applies to private
and public sector bodies. (More information about
how to access your own information is available
from the ICO or its website.)
Further information is also available from the
Department for Constitutional Affairs:
Information Rights Division
Department for Constitutional Affairs
6th Floor
Selborne House
54 Victoria Street
London
Information Commissioner’s Office
SW1H 6QW
www.foi.gov.uk
Wycliffe House, Water Lane
Promoting public access to official information and
FOI/YRTK–HTC/0105/100k
Wilmslow, Cheshire SK9 5AF
Freedom of Information
protecting your personal information

What is the right to know?
What information does the ICO
The right to know is the right of access to
need?
information held by public sector bodies – known
What is a Decision Notice?
as “public authorities”. This right is stated in the
To help us deal with your complaint promptly
A Decision Notice outlines the Information
Freedom of Information Act (FOI) and the
you should write to us at the address below,
Commissioner’s final assessment as to whether
Environmental Information Regulations (EIR).
sending:
or not the public authority has complied with
You may ask for information by letter, email or,
• a covering letter giving details of your complaint
legislation. For example, if the ICO decides the
in the case of environmental information, by phone
authority has not given you information you are
or in person.
• details of your initial request
entitled to, we will instruct it to do so.
The Information Commissioner’s Office is an
• a copy of the public authority’s initial response
independent regulator set up to deal with
At the same time as issuing a Decision Notice,
complaints under both FOI and the EIR. He also
(known as the Refusal Notice)
we will send you details of your right to appeal to
deals with complaints under the Data Protection
• a copy of the complaint you made to the public
the Information Tribunal.
Act. See overleaf for more details.
authority’s internal review or complaints
The authority may also appeal.
procedure
What can I complain about?
• a copy of the public authority’s response
You can complain that you have been refused
access to information. You can also complain
• any other information you think is relevant
about how the public authority has handled your
request, for instance:
• your contact details to ensure we can quickly get
What if the public authority ignores
• failure to respond to your request within 20
any more information necessary.
a Decision Notice?
working days (or failure to explain why an
extension to the 20 days is needed)
If a public authority ignores a notice, the Information
• failure to give you proper advice and help
How quickly will you deal with my
Commissioner can make an application to the High
• failure to give the information in the form in
Court. The court will investigate, and may deal with
complaint?
which you asked for it
the authority as if it has committed contempt of
We will send an acknowledgement on receiving
court. The punishment may be a fine or even
• failure to properly explain any reasons for
a complaint to the ICO.
imprisonment.
refusing your request, for instance if the public
authority believes that giving you information
We will allocate your complaint to a caseworker
would harm a criminal investigation.
and you will receive an initial response within
28 days. This will:
Who should I complain to?
• outline the steps we will take
Contact us
First, you should complain directly to the public
authority itself. Public authorities should provide
• give your case a unique reference number which
their own complaints procedure.
you should use in future correspondence with us.
FOI/EIR Complaints Resolution
If the authority has no complaints procedure
If we cannot resolve your complaint informally, the
Information Commissioner’s Office
or if you do not believe it has dealt with your
Information Commissioner will issue a Decision
Wycliffe House
complaint properly, you may contact the
Water Lane
Information Commissioner’s Office (ICO).
Notice. We will send it to you and to the public
You should do this as soon as possible or, in
authority you have complained about.
Wilmslow
any case, within two months of being refused
If we cannot deal with your complaint, we will write
Cheshire
access to information or any of the other
to you explaining why.
SK9 5AF
failures listed above.