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Back log
watchingyou made this Freedom of Information request to Information Commissioner’s Office
The request was refused by Information Commissioner’s Office.
From: watchingyou
29 August 2009
Dear Sir or Madam,
Will you please provide information which shows the size of all the
complaint backlogs you have.
Include information which shows the longest time you have where a
complaint made to the ICO is currently being dealt with, include
the average wait time for a complaint being dealt with by the ICO
itemised over a year. Please give this information on a yearly
basis and provide it for the last 3 years.
Yours faithfully,
watchingyou
Information Commissioner’s Office
4 September 2009
Link: [1]File-List
4th September 2009
Case Reference Number IRQ0266993
Dear Sir or Madam
Thank you for your email dated 29 August 2009 in which you have requested
information from the Information Commissioner’s Office (ICO).
Specifically your request states;
“Will you please provide information which shows the size of all the
complaint backlogs you have.
Include information which shows the longest time you have where a
complaint made to the ICO is currently being dealt with, include the
average wait time for a complaint being dealt with by the ICO itemised
over a year. Please give this information on a yearly basis and provide it
for the last 3 years.”
We note that you have submitted this request under an obvious pseudonym.
Section 8(1) of the Freedom of Information Act 2000 (the FOIA) sets out
the requirements of a valid request for information and says that a
request must, amongst other things, “state the name of the
applicant”. Therefore a public authority is entitled to treat a
request as invalid where the real name of the applicant has not been used.
The ICO has produced guidance on “valid requests” which is available
from our website ([2]www.ico.gov.uk) via the following link;
[3]http://www.ico.gov.uk/upload/documents/l...
As you will appreciate your email would not constitute a valid request
under the FOIA therefore we do not have an obligation to comply with your
request.
However it may be helpful for you to know that we do have information in
the “Guide to Information” section of our website regarding our
Freedom of Information complaints backlog which is available from the via
the following link;
[4]http://www.ico.gov.uk/upload/documents/l...
In the event that you wish to make a valid request to the ICO please
provide your real name and we will consider your request at that time.
As mentioned above as this is not a legally valid request for information
under FOIA, we cannot therefore offer an internal review of this response,
nor is there a right to complain in accordance with the provisions of the
FOIA.
Yours sincerely
Joanne Crowley
Assistant Internal Compliance Manager
show quoted sections
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
Visible links
1. file:///tmp/radD5B24_files/filelist.xml
2. http://www.ico.gov.uk/
3. http://www.ico.gov.uk/upload/documents/l...
4. http://www.ico.gov.uk/upload/documents/l...
From: watchingyou
5 September 2009
Dear Joanne Crowley is it any wonder the Information Commissioner
has such a well known large unacceptable backlog when you don't
even know of or understand your own guidance?
Is this poor understanding not one of your biggest problems?
Oh and by the way the links you provided are invalid links; I found
the relevant guidance here on this website.
In the guidance issued by the ICO Titled
Valid request – name and address for correspondence:- It says
• Where a public authority knows that a pseudonym has been used, as
a matter of good practice it should still consider the request, for
example where identity is not relevant and it is content to
disclose the information requested, even though technically the
request is invalid.
The guidance points out:-
• Either an email or postal address IS acceptable as an address for
correspondence.
An extract from the guidance issued by the ICO :-
Email address
An email address also satisfies the requirement of section 8(1)(b)
that the applicant should provide an address for correspondence.
Support for this is found in the FOIA as follows:
• a request for information can be made by email.
• the access regime is a relatively informal one – for example the
applicant does not have to state formally that the request is being
made under the FOIA.
In guidance you referred me to it points out that you should still
consider a request even though a pseudonym has been used. This
should be especially so when you are being asked about your own
backlog which as everyone knows is extremely large. Please at least
try to be honest, open and transparent about this embarrassing
subject even if you can't fix it.
Although you wrote; an your email would not constitute a valid
request under the FOIA you are not correct your assertion is wholly
inaccurate information and considering you represent the
Information Commissioner how bad is that?
The guidance regarding the use of an Email address is quite clear
it says an Email address IS sufficient and acceptable as a valid
address. It is apparent you are not able to understand this aspect
of your guidance either.
All in All Joanne Crowley a pretty bad showing again from the ICO.
Yours faithfully,
[email address]
From: watchingyou
7 September 2009
Dear Joanne Crowley
It seems that Bournemouth Borough Council didn’t have a problem
allowing a reply from this pseudonym but of course the subject
matter was a little less sensitive as far as the Information
Commissioner and staff are concerned I suppose. Maybe we should all
keep quiet about the backlog the ICO currently has.
http://www.whatdotheyknow.com/request/co...
Yours faithfully,
watchingyou
Information Commissioner’s Office
8 September 2009
Link: [1]File-List
8th September 2009
Case Reference Number IRQ0266993
Dear Sir or Madam
Thank you for your emails dated 5 September 2009 and 7 September 2009
regarding my response to your request for information.
I understand that you have today spoken to my manager Ms Powell in
relation to invalid requests however I will address the issues which you
have raised in your recent emails.
Firstly please accept my apologies that the guidance link which I provided
did not work once my email was placed onto the Whatdotheyknow website.
Please be assured that the link was working when I sent my email.
We are aware that there can sometimes be problems with our links on the
Whatdotheyknow website as whilst our links work when we send our response
for some reason they do not always work once they are uploaded onto their
website. I have therefore attached a copy of the guidance in question
for your information.
As I understand it from your emails you appear to believe that by not
answering your invalid request the ICO is in some way trying to conceal
our backlogs. It is important to understand that we are not trying to
conceal our backlogs. As I am sure you are aware our backlogs are
heavily publicised and we have taken proactive steps ourselves in relation
to making individuals aware of our backlogs and have recently published
information relating to our Freedom of Information complaint backlog in
the “Guide to Information” section of our website which I referred to
in my previous email. Our guide to information is our statement of
information which we routinely publish.
With regard to our guidance on “valid requests” please be advised that
we did consider your request even though it was made with a pseudonym.
For your information we have in the past answered invalid requests where a
pseudonym has been used in situations where the information which was
being requested was straightforward and not time consuming. In regard to
the information which you asked for it is not straightforward and is
likely to be resource intensive.
I note from your email of 5 September 2009 that there may be some
confusion regarding my response in relation to why we considered your
request to be invalid. I explained to you that your request was not
valid because you used a pseudonym rather than your real name, I did not
say that your request was invalid due to the format in which it was
sent. However please accept my apologies if my response was not clear.
As I explained in my previous email in the event that you wish to make a
valid request under the Freedom of Information Act 2000 please provide us
with your real name and we will of course consider your request at that
time.
Yours sincerely
Joanne Crowley
Assistant Internal Compliance Manager
show quoted sections
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
Visible links
1. file:///tmp/radE7823_files/filelist.xml
From: watchingyou
8 September 2009
Dear Joanne Crowley,
You are correct I have spoken with your manager today Charlotte
Powell, about your refusal to supply the requested information
because I have used a pseudonym.
Interestingly when your manager Charlotte Powell was recently asked
a question under the Freedom of Information Act by another person
using the pseudonym of Mr. Wherewithall. She decided she WAS going
to provide the requested information and in doing so was in accord
with the guidance given by the Information Commissioners Office.
You however have chosen not to do so which is not in accord with
the guidance I have taken from the ICO. web site and is printed
below:-
• Where a public authority knows that a pseudonym has been used, as
a matter of good practice it should still consider the request, for
example where identity is not relevant and it is content to
disclose the information requested, even though technically the
request is invalid.
Clearly this guidance indicates that where the identity of the
person asking the question is not relevant, as it is in this case,
then you should, as a matter of good practice, supply the requested
information. You have failed to put forward any reasons why you
think my true name is relevant to the question asked so I can only
presume therefore that your real reason for not supplying the
requested information is that you are not content to disclose the
information requested which is about your apparent enormous backlog
of complaints.
You have however supplied another reason why you have not provided
the information requested which was that to produce the information
would not be straightforward and is likely to be resource
intensive. If you are giving this as a reason then should you not
also quote the relevant Section of the Act as well that would
provide the relevant exemption you wished to rely on? I believe the
information requested should also be put to the 'Public Interest
Test' if you were to rely on the above reason not to supply it.
Below is a link to the information your manager Charlotte Powell
recently gave to a person using the pseudonym of Mr. Wherewithall.
She wrote :- “We have however decided on this occasion to deal with
your request as we are content to disclose the information”.
http://tiny.cc/oFvII
There is a clear difference in the way in which you have dealt with
the issues surrounding the Information Commissioners Office backlog
to the way in which Charlotte Powell gave different but more
information to Mr. Wherewithall.
It would appear to any reasonable thinking person that the amount
and content of the information supplied by Charlotte Powell, your
manager, to this person using the pseudonym of Mr. Wherewithall is
far far more than the information I have requested so again I can
only presume you are overly sensitive about revealing information
about your inordinate backlog indicating there is a lack of honesty
and transparency when it comes to questions about it.
Your manager did mention to me today that some of your complaints
backlog extends to more than 18 months, can you imagine how this
impacts on the Act itself and the people who wish to avail
themselves of it? From a personal point of view I have several
complaints awaiting your attention and I feel that they are not
being dealt with expeditiously.
Its bad enough when after waiting in many cases for the
organisation to respond for more than the 20 working days allowed
that they then refuse to supply the requested information. The
requester then has to ask for an internal review which often takes
many more days than the 20 working days the guidance advises only
to find that there is another refusal to supply the information.
We are then left with the only other avenue of complaint which is
with the ICO. Only to find the complaint has again fallen into a
very large black hole with an 'event horizon' that even light
itself seems unable to escape from!
Yours faithfully,
[email address]
Information Commissioner’s Office
11 September 2009
Link: [1]File-List
11th September 2009
Case Reference Number IRQ0266993
Dear Sir or Madam
Thank you for your further email regarding the request which you have made
using a pseudonym.
As you will appreciate I have explained our position in regard to the fact
that by using a pseudonym you have not made a valid request under the
Freedom of Information Act 2000 (the FOIA).
I am aware that you provided your name to my colleague Ms Powell during
your telephone conversation but you did not provide consent for your name
to be associated with your request. Obviously if you would like to
submit a request in your real name we will be happy to consider it under
the FOIA at that time. Otherwise we do not propose to correspond with
you further in regard to this matter.
Yours sincerely
Joanne Crowley
Assistant Internal Compliance Manager
show quoted sections
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
Visible links
1. file:///tmp/rad2CB5E_files/filelist.xml
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