FOI Complaint Handling Information
A Freedom of Information request to Rother District Council by Richard Jackson
The request was rejected by Rother District Council.
Richard Jackson
24 July 2008
Dear Sir or Madam,
According to the Statutory Code of Practice for Freedom of
Information, each public authority should publish its target times
for determining complaints and information as to how successful it
is with meeting those targets.
I have been unable to find either of these on your website. In
fact, in the A-Z directory of services, there are links to webpages
on FOI for East Sussex, Lewes, and Eastbourne Councils, but,
surprisingly, none for Rother.
Can you please either direct me to where this information has
already been published, or else release, for each quarter since FOI
has been in place, details on what the target time for complaint
handling was, how many complaints were received in the period, and
what time was achieved for handling those.
Thank you,
Richard
Richard Jackson
27 August 2008
Dear Sir or Madam,
Your response to this request is now overdue. Please advise.
Yours sincerely,
Richard
David Edwards
Rother District Council
27 August 2008
I am now out of the office - I hope to be back Monday 1 September.
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Lynda Crawford
Rother District Council
27 August 2008
Dear Mr Jackson
It appears that your request was overlooked at the time of receipt. I
will record your request today and will speak with Mr Edwards next week
when he returns from leave. I apologise for any inconvenience.
Lynda Crawford
Admin Assistant
www.rother.gov.uk
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Richard Jackson
2 September 2008
Dear Lynda Crawford,
Please take this as a formal complaint and request for internal
review in relation to my ignored request.
I fail to understand why it matters in the slightest that a single
member of staff is on leave, when the information that I requested
is information that the Council is required to publish and should
easily have to hand.
Yours sincerely,
Richard
Lynda Crawford
Rother District Council
10 September 2008
Dear Mr Jackson
FREEDOM OF INFORMATION 2000
With reference to your request for information about our complaint
handling procedure and your subsequent complaint, I would comment as
follows.
This is a comparatively small authority and it would be difficult to
operate the sort of multi-layered complaints system that could be set up
by a much larger authority such as a County or Unitary. With any
complaint system, the main objective is to ensure that complaints are
dealt with by someone separate from the original decision-maker. The
Council has a Council-wide complaints system, and complaints about
Freedom of Information are processed under that procedure. Accordingly,
the section 45 Code of Practice may not be followed to the letter, but a
robust complaints system is in operation. This is detailed on our
website; please see http://www.rother.gov.uk/index.cfm?artic...
In relation to response times this says: "The Council will normally
reply to your complaint within 10 working days".
Our Freedom of Information tracking system records complaints made, but
as complaints are forwarded to another system they are not further
tracked as Freedom of Information complaints. Production of quarterly
statistics would not be meaningful, because we have only received ten
complaints. The following table gives their FOI reference number and the
date of the complaint. I believe that these complaints were, in the
main, resolved satisfactorily; I am not aware of any having been
referred on to the Information Commissioner.
FOI No # ComplaintReceived
51 20/05/2005
99 18/11/2005
149 07/06/2006
154 14/07/2006
204 01/12/2006
360 18/04/2008
373 31/07/2008
405 23/07/2008
407 23/07/2008
430 02/09/2008
In the circumstances, as we have provided what information we can, I
invite you to withdraw your complaint.
David Edwards
Interin Solicitor
www.rother.gov.uk
<http://www.rother.gov.uk/>
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Richard Jackson
23 September 2008
Dear Lynda/David,
Thank you for eventually providing some of the information
requested. However I do not believe your rationale is valid, and I
decline to withdraw my complaint and request for internal review.
Yours sincerely,
Richard
Suzanne Grisbrook
Rother District Council
3 October 2008
Dear Mr Jackson,
Your complaint in respect of FOI complaint handling information has been
passed onto me. I have looked into this matter as requested by you.
Firstly I must apologise once again that your original request for
information was missed, this was a genuine oversight. I believe that
all the information that we had available for FOI complaints was
forwarded to you as requested. I have looked at the way that we handle
FOI complaints and have asked for some improvements to the system in
order that we are more readily able to extract the information that we
need in the future.
I hope that this answers your complaint.
Yours sincerely
Suzanne Grisbrook
Head of Corporate Services
Rother District Council
Town Hall
Bexhill-on-Sea
East Sussex
TN39 3JX
Tel: 01424 787716
E-mail: [email address]
www.rother.gov.uk
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Francis Irving left an annotation (16 October 2008)
What have you complained about to the ICO?
I believe that their actual handling of this request has been good - i.e. they have given you the information that they hold and that you have asked for.
Richard Jackson left an annotation (16 October 2008)
Well, apart from the procedural problems with their request (I believe that authorities should be able to handle requests even when people are on leave), my main concern is that they haven't given me the key information I was requesting: i.e. how long FOI complaint handling usually takes.
They have stated that the complaints are forwarded to another system but have not explained why they cannot extract the requested information from there, particularly when there have been so few complaints.
The implication from the statement that they are "not further tracked as Freedom of Information complaints" implies that it is not that they do not hold the information at all, but that it would be too much effort to extract the data from that other system.
In the absence of a formal rejection notice I do not know whether this is the case or not, but I believe that they should make the effort to track this information down, as it is not just data that a single person (me) has requested, but information that the Code of Practice states that they should be tracking and publishing as a matter of course.
It is for the Commissioner to decide whether, in this regard, the Code should only apply to larger authorities, as Rother are claiming, or should apply to all. And, in the process, I hope that I can get my answer to how long complaints have generally taken to be resolved.
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Richard Jackson left an annotation (3 October 2008)
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