Information Rights Team
Knowledge and Information Management
Area 1B, Ergon House
Horseferry Road
London SW1P 2AL
Telephone: 08459 33 55 77
Email: [email address] Website: www.defra.gov.uk
Ganesh Sittampalam
Our ref. RFI 3395
[email address]
2 August 2010
Dear Mr Sittampalam
RFI 3395 – procedures followed on initial receipt of correspondence addressed to a
minister
Thank you for your email of 15 July asking Defra to carry out an internal review of its late
response to your request for copies of the procedures that Defra follows on initial receipt of
correspondence addressed to a minister from:
(a) the Prince of Wales
(b) an MP
(c) a member of the public
In accordance with Defra’s internal review procedures, we have considered your appeal in
discussion with colleagues who are handling your original request. We are dealing with
your request under the Freedom of Information Act 2000 (FOIA).
Summary
Your request was received via the Whatdotheyknow.com website on 16 June and you
received an automated acknowledgement the same day from Defra’s Customer Contact
Unit (CCU). The 20-working-day deadline for Defra’s response fell on 15 July and you had
received no further communication from us by that date. Defra’s response to RFI 3395 is
still outstanding and Defra is consequently in breach of section 10 of FOIA, which relates to
the time for compliance with requests. Your complaint is therefore upheld.
I set out below a fuller explanation of our decision.
Chronology
On 16 June you sent a request for information to Defra via the Whatdotheyknow.com
website.
On 16 June Defra’s Customer Contact Unit (CCU) sent an automated response
acknowledging receipt of your request to your reference number at the
Whatdotheyknow.com website.
On 15 July you contacted Defra again via the Whatdotheyknow.com website to point out
that the response would be overdue if not completed within three hours and to request that
Defra either supply the information immediately or treat your email as a request for an
internal review.
On 15 July Defra’s Customer Contact Unit (CCU) sent an automated response
acknowledging receipt of your request to your reference number at the
Whatdotheyknow.com website.
On 16 July Defra’s Customer Contact Unit passed your request for an internal review to Val
Hope in the Information Rights Team and she sent an acknowledgement to your reference
number at the Whatdotheyknow.com website.
Timeliness (Section 10)
We have considered whether Defra complied with the requirement in the FOIA to respond
to a requester no later than 20 working days after the date of receipt of the request. Defra’s
response to RFI 3395 remains outstanding 33 working days after the date of receipt and
therefore 13 working days after the 20-working-day deadline. Defra has therefore failed to
comply with the FOIA, for which we apologise.
Investigation
Having reviewed the handling of your request and the correspondence, I can see that Defra
failed to respond to you within 20 working days of receipt of your request and did not
contact you to explain the delay. I therefore uphold your complaint and offer our apologies.
I have contacted the team which is dealing with your original request for information. They
have confirmed that you should receive the reply to your request shortly.
I hope that the above answers your letter satisfactorily. However, if you remain dissatisfied,
you have the right to apply directly to the Information Commissioner for a decision. The
Information Commissioner can be contacted at:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
http://www.ico.gov.uk/complaints.aspx
Yours sincerely,
Caroline Smith
Deputy Director Knowledge and Information Management
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