Our Freedom of Information and Environmental Information review procedure

We are committed to the principles of openness and transparency in public life. However, mistakes may be made from time to time that need to be put right, and we recognise that people may feel dissatisfied with the way in which we release information, or deal with information requests. This document explains how you can require us to conduct an internal review of how we handled your request for information, or a review of our publication scheme, and how we will conduct that review.

What is dealt with under this procedure?

In addition to this review process, the Commission also has a separate complaints procedure. This procedure explains how to obtain a review of:

1. Requests made under the Freedom of Information Act 2000,

2. Requests made under the Environmental Information Regulations 2004, and

3. Our publication scheme (including whether or not you think we are complying with that scheme).

This includes any review of how we have handled your information request, e.g. the way we acted, or failed to act, the way in which we communicated with you, or the time taken to respond.

For example, you may ask us to conduct a review if you think we have:

Any concerns that you have about the Commission's actions that do not concern either our publication scheme or an information request will not be dealt with under this procedure but will instead fall under our general complaints procedure. Details of the general complaints procedure are available from the Commission's website, or can be obtained from the Secretary to the Commission.

We may also receive complaints about other people or organisations, as part of our statutory regulation of political parties or elections; these complaints are dealt with by our Party and Election Finance Team under a separate process. Likewise, complaints which appear to be representations on electoral reviews will be treated as representations under the relevant review procedure.

How can I request an internal review?

You can contact us in writing or by email to ask for a review. Contact details are listed below.

Please provide your name and address. If you are asking for an internal review regarding an information request you have submitted, we would find it useful if you also provided the reference number we assigned to that request.

We need to understand the circumstances behind your request for a review. For your assistance, we have provided a form below: you are not required to use it, but the form lists the information which we need to be able to conduct the review properly.

You should direct all your requests for a review under this procedure to our Freedom of Information Officer, who will ensure that your request is assigned to an appropriate member of Commission staff to investigate.

Contact details

Our contact and address is as follows:

The Freedom of Information Officer
The Electoral Commission
Trevelyan House
30 Great Peter Street
London SW1P 2HW
Email: [email address]

How will we deal with the review?

Where appropriate, we may attempt to address your concerns swiftly and satisfactorily on an informal basis. Where this is not appropriate, the Freedom of Information Officer will acknowledge your request, provide a deadline within which we will conduct the review and respond fully to you, and will let you know who has been assigned to investigate.

If you are requesting a review involving the Commission's Publication Scheme, then it will normally be investigated by the Commission's Freedom of Information Officer. We will seek to keep you informed of the progress of the review.

If you are requesting a review involving an information request, then it will be investigated by a member of Commission staff who was not involved in dealing with that original request. Where reasonably practicable, this investigator will be senior to the person who dealt with your original information request, but where this is not possible it will instead be somebody of equal seniority to that person.

All reviews will be thoroughly and fairly conducted. The investigator will review how the issues were handled and decisions were made, including decisions about where the public interest lies in respect of exempt information, in a full re-evaluation of the case. The investigator will then take a fresh decision, having reconsidered of all the factors relevant to your information request.

Outcome of your review

We will make every effort to send a detailed response within 20 working days. Where this is not possible (e.g. due to the complexity of the case), you will receive a letter explaining why, and giving a date by which you will receive a detailed reply. In any event, we will not exceed 40 working days in responding to your request.

The investigator will write to you after the matter has been investigated explaining in detail the outcome of your review. Where the investigator decides that information should be disclosed which was previously withheld, then the information in question will be disclosed as soon as practicable and we will inform you how soon this will be. Where the investigator decides that the Commission's procedures were not properly followed by our staff, then the Commission will apologise to you and will take appropriate steps to prevent similar errors occurring in future.

What if I am not satisfied with the response?

If you are not satisfied with the Commission's response, then the next step is to make a complaint to the Information Commissioner's Office. The Commission staff who conduct your reviwe will be able to provide further details. Alternatively, information about how to make a complaint to the ICO is available at:

http://www.ico.gov.uk

The ICO can be contacted at:

FOI/EIR Complaints Resolution
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

08456 30 60 60

The Freedom of Information Act 2000,

Environmental Information Regulations 2004 and Publication Scheme Review Request form

You should only use this form to request a review concerning:

1. The Commission's Publication Scheme, or

2. The way your request for information under the Freedom of Information Act 2000 or the Environmental Information Regulations 2004 was handled.

Please write clearly in BLOCK CAPITALS.

1 Your details

Title:

First name:

Other names:

Last name:

Address:

Postcode:

Daytime telephone:

Email:

2 Previous contact with the Commission

Please provide any reference number we have already given you.

This will help us to process your request.

3 Details of the problem

Please explain why you want a review by ticking the relevant box below and using the space provided to explain what you think the Commission has done wrong. Please attach extra sheets if necessary.

□ I requested information but I have not received any response.

□ I received information but not within 20 working days.

□ I was charged too much.

□ The information I received was not what I requested.

□ I requested information that was refused, and I disagree with the decision.

Other - please give details.

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We recommend that you take a copy of this form before you send it to us.

Please now send your form and supporting documents to:

The Freedom of Information Officer

The Electoral Commission

Trevelyan House

30 Great Peter Street

London SW1P 2HW