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Ganesh Sittampalam made this Freedom of Information request to House of Commons
The request was partially successful.
From: Ganesh Sittampalam
27 April 2009
Dear Sir or Madam,
Please could I have a list of all Freedom of Information requests
made to you where an internal review has been requested and you
have taken longer than 20 working days to conduct the review, or
where the review is still outstanding and 20 working days have
elapsed.
I would like to know the text of the original request and of the
internal review request (without the requestor's name), any reasons
for the review taking longer than the ICO guidelines, and the
relevant dates [submission of the original request, original
response, internal review request and, where relevant, internal
review response].
Yours faithfully,
Ganesh Sittampalam
From: FOICOMMONS
House of Commons
29 April 2009
Dear Mr Sittampalam,
Thank you for your email dated 26 April 2009 and received on 27 April.
Your request will be dealt with promptly and we shall endeavour to
provide a response by 27 May 2009.
If you have any queries about your request, please contact me.
Mandy Kelly
Freedom of Information Assistant
show quoted sections
From: KELLY, Mandy
House of Commons
27 May 2009
Dear Mr Sittampalam,
I refer to your request for information of 27 April 2009, which is shown
below.
You have asked for information in relation to all internal reviews which
have taken more than 20 days to complete, including the text of the
original request, the text of the request for an internal review and any
reasons for the review taking longer than the ICO guidelines.
We estimate that there have been approximately one hundred requests for
internal reviews where the internal review may have taken over 20 days
to complete. Unfortunately due to the need to extract from each file
the text of the original request, the text of the request for the
internal review and any reasons for the length of time which the review
took, we estimate that it would take us over the costs threshold to
extract this information. Although we rely on the exemption in section
12 in relation to the information which we are unable to provide, we do
hold some of this information in more readily accessible form in
relation to the more recent years. I am therefore able to enclose a
table showing internal review requests since January 2008 where these
have taken over 20 days. You will see that the table also includes a
summary of the information requested in each case, but this will not be
the actual text of the request in all cases. It also includes the dates
of both the original requests and the request for internal review.
You might also like to be aware that although the Freedom of Information
Act does not set a specific time limit for conducting an internal
review, we set an internal target of 30 days for completion of such
reviews. However depending on the nature of the request and the
information held it is sometimes necessary to take longer. We are
however reviewing our processes in the light of the guidance issued
earlier this year which suggests that responses should be given within
20 days, or 40 days for more complex cases.
You may, if dissatisfied with the treatment of your request, ask the
House of Commons to conduct an internal review of this decision.
Requests for internal review should be addressed to: Freedom of
Information Officer, Department of Resources, House of Commons London
SW1 OAA or [House of Commons request email]. Please ensure that you specify the
nature of your complaint and any arguments or points that you wish to
make.
If you remain dissatisfied, you may appeal to the Information
Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Bob Castle
Head of Information Rights and Information Security
House of Commons
show quoted sections
From: Ganesh Sittampalam
31 May 2009
Hi,
Could you let me know the details of your time estimates, so I can
narrow down my request appropriately?
In particular I'd like to know how long it would take to inspect
each file to see how long the internal review took, and how long it
would take to actually extract the information requested for each
case that took longer than 20 days.
Also, section 42 of the FOI code of practice
(http://www.foi.gov.uk/reference/imprep/c...) says that
you should publish statistics on how successful you are on meeting
complaints: have you done this and if so where can I find it? (I
did have a look in your publication scheme but couldn't find
anything)
By the way the ICO guidance on internal review time limits was
apparently published in 2007, not earlier this year:
http://www.ico.gov.uk/upload/documents/l...
Regards,
Ganesh
From: Ganesh Sittampalam
30 June 2009
Dear Sir or Madam,
After more than 20 working days you still haven't replied to my
straightforward request for advice and assistance. Please either
respond immediately, or treat this as a request for an internal
review into your handling of this request.
Any internal review should cover the following points:
- Your failure to provide advice and assistance within a reasonable
timeframe. If you have any written records of how the costs
estimate was calculated then you are also in breach of the act by
failing to provide them within 20 working days in response to my
question.
- Please reconsider whether the costs limit really is breached by
this request, and if it is then please provide concrete details on
your estimates which I can use to formulate a fresh request within
the limit.
- Please point me at your statistics on how successful you are at
meeting your complaints targets, or explain why you are in
violation of the FOI code of practice.
Yours sincerely,
Ganesh Sittampalam
From: FOICOMMONS
House of Commons
21 July 2009
Dear Mr Sittampalam,
I am grateful to you for your email of 30 June. It is clear that your
simple request from late May has been overlooked and this is to be
regretted. I will not offer excuses other than to say that times have
been interesting - and will continue to be so for some weeks to come. I
can only apologise for this oversight and look to provide a response and
follow up as quickly as possible. Perhaps we could start by exploring
further...
We have looked at the history of your request on whatdotheyknow.com and
have identified your request as follows:
"I'd like to know how long it would take to inspect each file to see how
long the internal review took, and how long it would take to actually
extract the information requested for each case that took longer than 20
days. "
Also, section 42 of the FOI code of practice
(http://www.foi.gov.uk/reference/imprep/c...) says that you should publish
statistics on how successful you are on meeting complaints: have you done
this and if so where can I find it? (I did have a look in your publication
scheme but couldn't find anything) "
In your original request you asked for all Freedom of Information requests
made where an internal review has been requested and which took longer
than 20 working days to conduct the review, or where the review is still
outstanding and 20 working days have elapsed. You asked for the text of
the original request and of the internal review request (without the
requestor's name), any reasons for the review taking longer than the ICO
guidelines, and the relevant dates [submission of the original request,
original response, internal review request and, where relevant, internal
review response].
Our response provided a summary of around 40 cases dating back to the
start of 2008 - in total there have been around 100 reviews. The time
consuming part of your request is retrieving and summarising/extracting
each request and identifying and retrieving any reasons for the review
taking longer than the current ICO guidelines -e.g., looking to see if
there is any information held about the time taken to complete each
review. In total this is estimated as requiring at least 30 minutes per
case. However, even then it is unlikely that from the information held in
relation to each request it will be possible to determine why each took
the time they did especially when the target given was 30 days.
Section 42 of the code of practice states that public authorities should
determine their own target times for dealing with complaints and that
these should be published. In addition it states that public authorities
should publish information as to how successful it is with meeting those
targets. Our target times are set out on our website but we do not
publish stats about meeting these targets. We will be reviewing our
processes when the dust settles.
I am happy to explore this with you so that we can identify what might be
provided.
Yours sincerely,
Bob Castle
Head of Information Rights and Information Security
show quoted sections
From: Ganesh Sittampalam
23 July 2009
Dear Mr Castle,
Would you be able to extend the spreadsheet you already sent to
cover the historic requests? Much of the work required to do that
would also be needed in complying with the S42 code of practice, so
you could kill two birds with one stone.
It would be helpful if you could also provide some internal
tracking number or identifier so that I could then easily ask for
more details of a selected set of requests.
Regards,
Ganesh
From: FOICOMMONS
House of Commons
24 July 2009
Mr Sittampalam
Thank you for your email dated 23rd July requesting us to extend the
spreadsheet already sent to you, to cover the historic requests.
We will look into the practicalities of doing this and get back to you
as soon as possible.
Yours sincerely
Bob Castle
Head of Information Rights and Information Security
Department of Resources
show quoted sections
From: FOICOMMONS
House of Commons
7 August 2009
Dear Mr Sittampalam,
Thank you for your email.
Please find attached as requested, historic information relating to
internal reviews. I have also attached a copy of the table previously
sent you to which I have added reference numbers.
I hope these are helpful.
Mandy Kelly
Freedom of Information Assistant
House of Commons
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
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Ganesh Sittampalam left an annotation (15 August 2009)
So:
(1) The HoC's own targets for dealing with internal reviews aren't reasonable, as per the ICO guidance on the subject (http://www.ico.gov.uk/upload/documents/l...).
(2) They aren't meeting even their own target times in a substantial number of cases.
(3) They aren't publishing information on how successful they are at meeting their own target times.
The s45 code of practice (http://www.foi.gov.uk/reference/imprep/c...) says: "Authorities should set their own target times for dealing with complaints; these should be reasonable, and subject to regular review. Each public authority should publish its target times for determining complaints and information as to how successful it is with meeting those targets."
Complaints to the ICO are made under s50 FOI (http://www.opsi.gov.uk/Acts/acts2000/ukp...)
In particular this forces any complainant to first go through "any complaints procedure which is provided by the public authority in conformity with the code of practice under section 45". Since the HoC isn't conforming to s45, I think this entitles anyone to complain direct to the ICO, though obviously making a parallel internal review request would be worthwhile in case they do reverse their original decision (which seems rare but not unheard of).
The ICO has already issued a number of practice recommendations to authorities who are failing to carry out internal reviews in a reasonable timeframe (http://www.ico.gov.uk/what_we_cover/free...). Hopefully they'll take some action against the HoC soon.
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