Response to Request for Internal Review -

Resources

Knowledge and Information Management Team	Information Services
	101 Orchardson Street
	London
This matter is being dealt with by :	NW8 8EA
Email: [Westminster City Council request email]
	Tel No: 0207 641
	Fax No: 0207 641 2872

To Mr Tweedy E: [FOI #21261 email]	Date: 22^nd October 2009

Dear Mr Tweedy

Re: Request for Internal Review - Request 4521

Thank you for your dated the 21^st October 2009 regarding the response to your recent request to the Council (our ref: 4521).

In your you expressed dissatisfaction with the response to your Request. I have summarised the details of your appeal below:

Can you please clarify your response? Either you can't provide the information because it is not centrally recorded OR it will cost £825 to comply? As the cost per hour to staff is set at £25 per hour under the FOI act, are you suggesting it would take 33 hours to find this information? Most e-mail clients have a search function which makes it quick and painless to retrieve information (either in subject lines or text contained in the email). Can you not just type "Internal Review" into your search bar of your e-mail client?
Can you also please give me a breakdown as to how you have calculated a cost of £825?
Can you please answer question 3 as you have failed to do so in your response?
You mentioned in your reply to me that when you conduct internal reviews "the outcomes of such reviews, and any subsequent changes made, may not be centrally recorded, such as if they are discussed verbally or via email." Are all of your "internal reviews" carried out so in-formerly?

I am sorry that you are dissatisfied with our handling of your requests and I have investigated your complaints under Stage 1 of the Council's Corporate Complaints Procedure. Further details of our procedure can be found on our website: http://www.westminster.gov.uk/services/councilgovernmentanddemocracy/councils/contactsconsultationandfeedback/complaints-and-compliments/complaints/

Response

I will respond to the points you have raised using corresponding numbering below:

Please note that the response provided was in respect of "review of procedures", as per your request, and not "internal reviews" which, under the Freedom of Information Act 2000, are specifically reviews into the handling of, or decisions made pursuant to the FOI Act with regard to, a particular request.

I will, therefore, clarify the response with regard to the reviewing of procedures as per your original request. Reviewing procedures may encompass a number of different aspects and, therefore, there would be no common term which could be searched. This is why, to determine the outcome of reviews of procedures would entail checking all records.

To clarify the response, therefore: it would cost £825 to determine whether the information is held and/or locate it. As this is over the "appropriate limit" stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004 the Council is not obliged to provide the requested information.

To reiterate the response, and in accordance with the above: the fee of £825 is calculated on the estimate that there are over 1300 records held which would need to be checked individually to determine if the relevant information is held. If we allowed an approximate minute and a half per record, this would equate to 33 hours.

I refer you to the paragraph in the response which starts "With regard to question 3" in which the answer is provided.

I am satsified that question 3 of your original request has been answered, and this aspect of your complaint is, therefore, not upheld.

Again, please note that your request was in regard to "review of procedures" and not "internal reviews".

To reiterate the response with regard to review of procedures: this is done on an ongoing basis, both formally and informally depending on the particular circumstances.

This completes the internal review into the handling of your Request under the Council's complaints procedure. Should you be dissatisfied with our response, you are entitled to contact the Information Commissioner under Section 50 of the Freedom of Information Act. For your reference, I have provided his contact details below:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 08456 30 60 60 or 01625 54 57 45
Fax: 01625 524510

Web: www.ico.gov.uk

Yours sincerely,

Under the Data Protection Act 1998, Data Subjects have rights to challenge, alter or erase the inaccurate and unlawful processing of their information. In the first instance please contact The Data Protection Officer, Information Services, 101 Orchardson Street, London NW8 8EA. If you are not satisfied with our response you may contact The Information Commissioner: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF