Internal Review Process
An applicant can request an internal review in any of the following circumstances and the matter is
such that it cannot be resolved informally:
The Council has not responded to their request within the statutory timescale
The Council has issued a refusal notice (ie an exemption applies)
The Council imposes charges that are disputed
There is any other dissatisfaction with the response
Any written reply from the applicant expressing dissatisfaction with a response to a request should
be treated as a complaint. These communications should be handled in accordance with the review
procedure even if the applicant does not expressly state their desire for an internal review (para 38).
Note: Any decision letter that contains a refusal must notify the applicant of their right of complaint as
well as right to complain to the Commissioner if they are still dissatisfied following the internal review.
However, as a matter of good practice details of the complaints procedure should be provided when
responding to all requests (CoP, EIR 2004, para 59).
Please use the following passage at the end of your responses to FOI / EIR requests:
If you are unhappy with the way your request for information has been handled, you can request a
review by writing to the FOI Officer at: The London Borough of Barnet, North London Business Park,
Oakleigh Road South, London, N11 1NP (email [Barnet Borough Council request email]).
If you remain dissatisfied with the handling of your request or complaint, you have a right to appeal to
the Information Commissioner at: The Information Commissioner's Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF (telephone: 08456 30 60 60 or 01625 54 57 45; website:
www.ico.gov.uk).
There is no charge for making an appeal.
The Principles of a Review:
The nature of the review must:
Be independent and impartial
Reconsider the merits of case
Examine where the public interest lies
Identify any errors in the handling of the request
The Review Process:
Stage
FOIA 2000
EIR 2004
DPA 1998
Within 20 working days (40 if
Within 40 calendar
1
Request for Information
Within 20 working days
complex and voluminous)
days
Within 20 working days (40 in
No provision for a
2 Internal
review
Within 40 working days
exceptional circumstances)
review
Once the internal review process has
Once the internal review process
3 Appeal to ICO
See below
been exhausted
has been exhausted
If an applicant is dissatisfied with the response to a subject access request then they can complain
directly to the ICO, even if no review has been requested or complaint made to the Council (unlike
under the FOIA and EIR where the internal review must have been exhausted).
The Internal Review Stage:
Whilst the timescales allowed for an internal review extend to 40 working days, it is the council’s aim
to carry out and conclude a review within 15 working days (in line with the internal complaints
procedure). However, it is recognised that in some cases, this will need to be extended. The
important thing is to keep the requester informed. The internal review process is as follows:
Approved by:
Request for review:
Carried out by:
(if being upheld)
Information Governance Officer
Information Governance Manager
If RFI dealt with by Link Officer
(Niall Toru)
(Sian Hughes)
If RFI dealt with by Governance
Information Governance Manager
Governance Director
Officer (Niall Toru)
(Sian Hughes)
(Jeff Lustig)