Appeals of more than a year

Link: [1]File-List

8th April 2009

Case Reference Number IRQ0243024

Dear Mr Davis

Request for Information

Thank you for your e-mail of 8 April 2009, in which you have asked for
information held by the ICO relating to ‘appeals of more than one
year’.

Although we know you are referring to appeals made to the ICO under the
Freedom of Information Act 2000 (FOIA), we would be grateful if you could
clarify the type or nature of the appeal you are seeking information
about.

For example, in relation to section 50 of the FOIA:

1. Section 50 refers to an ‘Application for a decision by the
Commissioner’ where it is thought that a request for information to a
public authority may not have been dealt with in accordance with the
requirements of the FOIA.  However, these are also sometimes known as
‘complaints’ or ‘appeals’ to the ICO. 

2. If the ICO chooses not to serve a decision notice in respect of an
application under section 50 of the FOIA, and the individual wishes to
have this decision reviewed, this is also sometimes referred to as an
appeal.

3. Finally, if the ICO does serve a decision notice in accordance
with section 50(3)(b) of the FOIA, then under section 57 of the FOIA the
individual or the public authority involved may appeal to the Information
Tribunal against that notice.

Once you have clarified the nature of the specific type (or types) of
appeal you are interested in, which will enable us to identify and locate
the information in question, we will provide you with a response to your
request within 20 working days of receiving that clarification.

I hope this is clear, but please do let me know if you have any queries.

Yours sincerely

Antonia Swann

Assistant Internal Compliance Manager

Information Commissioner's Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Tel: 01625 545894

[2]www.ico.gov.uk

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/radC33C0_files/filelist.xml
2. http://www.ico.gov.uk/

Link: [1]File-List

21st April 2009

Case Reference Number IRQ0243024

Dear Mr Davis

Thank you for your further e-mail dated 8 April 2009 in which you provided
us with clarification around your request for information.    We will
respond by 11 May 2009 which is 20 working days from the day after we
received your request and your subsequent clarification.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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Link: [1]File-List

5th May 2009

Case Reference Number IRQ0243024

Dear Mr Davis

I write further to our correspondence dated 21 April 2009 and with
reference to your request for information. 

Your request asked ‘Please could you tell me how many appeals you are
dealing with on the date you received this e-mail which have been logged
at you office as being with you for more than a year.  For all these
appeals that are one-year-old or more please provide me with a spreadsheet
showing how many relate to each public authority’.

We clarified with you that by ‘appeals’ you were referring to
complaints made to this office under section 50 of the Freedom of
information Act 2000. 

I can confirm that there are 416 complaints that have been with this
office for more than twelve months.  391 of these have been allocated to
a complaints officer and are under investigation.  25 have yet to be
allocated.

Attached is a spreadsheet showing the numbers of these 416 cases which
relate to each public authority.

I hope this information is helpful, however, if you are dissatisfied with
the response you have received and wish to request a review of our
decision or make a complaint about how your request has been handled you
should write to the Internal Compliance Team at the address below or
e-mail [2][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely

Charlotte Powell

Internal Compliance Manager

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http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/radA2619_files/filelist.xml
2. mailto:[email address]