Age Assessment: dental x-ray trial

M Bimmler made this Freedom of Information request to UK Border Agency

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by UK Border Agency.

Dear UK Border Agency,

it has been widely reported that UKBA is starting a trial of voluntary dental x-ray for young persons who were recently subject to an age assessment by Croydon Council (hereinafter the "trial")

The details have been made public in the following letter:
http://www.ilpa.org.uk/data/resources/14...

There is now some controversy as to the extent to which this trial has been approved by the National Ethics Research Service (NERS), cf. the story in http://www.guardian.co.uk/uk/2012/apr/05...

Thus, I formally request access to all information held by UKBA related to the involvement of the NERS in this trial.

To be clear, this would involve all internal discussions (e-mail, meeting notes, file notes, memoranda, briefings, submissions etc.) on whether it is necessary to request approval from NERS before the trial is started. It also includes any records relating to any oral and written communications and comments received from the Chief Medical Office, Sally Davies, and other officials at the Department of Health. It would also include any communications with the NERS itself and records related to this communications (such as drafts, discussion notes, emails).

If (but only if) the cost threshold becomes involved, please restrict my request to records from 2011 and 2012 in the first instance, and to records from 2012 in the second instance.

Yours faithfully,

Michael Bimmler

Freedom Of Information Team ( IND ), UK Border Agency

Dear M Bimmler

Thank you for your email below.

Your request is being dealt with and you will receive a response shortly

Regards

UKBA

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Dear Freedom Of Information Team,

please note that the response to this request is now overdue.

Yours sincerely,

Michael Bimmler

Freedom Of Information Team ( IND ), UK Border Agency

Dear M Bimmler,

I apologise for the delay, which we are aware of, your request is under consideration and we shall respond as soon as possible.

Yours sincerely,

Freedom of Information Act Policy Team

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Dear Freedom Of Information Team ( IND ),

this request is now significantly overdue. Could you please respond promptly and in any case no longer than the end of this week (close of business Friday 25 May), otherwise I will need to complain to the Information Commissioner's Office.

Yours sincerely,

Michael Bimmler

M Bimmler left an annotation ()

Complained separately to
1) ICO
2) UKBA's Strategic Director HR and Organisational Development (who is the line manager for the Freedom of Information Act team) and UKBA's Chief Executive

M Bimmler left an annotation ()

Again, nudging people has helped. Here's the answer I got today:

"Dear Mr Bimmler

As the Head of unit responsible for the Freedom of Information Act Policy team, your complaint of 29 May to Joe Dugdale has been passed to me to consider. I have investigated the delay in responding to you and spoken with both the officer responsible for responding to your request and the team responsible for managing the process.

The scope of your request meant that the responding unit had to conduct a number of searches to be satisfied that all the relevant material was identified and considered for disclosure. This has taken longer than anticipated and has contributed to their inability to respond to you within the 20 working days.

Although the FoI Act carries a presumption in favour of disclosure, it provides exemptions which may be used to withhold information in specified circumstances. Some of these exemptions, referred to as ‘qualified exemptions’, are subject to a public interest test. This test is used to balance the public interest in disclosure against the public interest in favour of withholding the information. The Act allows us to exceed the 20 working day response target where we need to consider the public interest test fully.

The information which you have requested is being considered under the exemption in section 35 of the Act, which relate to the formulation of government policy. This is a qualified exemption and as such, the department should have written to you before 8 May to inform you of this.

I apologise for the departments poor handling of your FoI request. I regret that we are not yet in a position to respond to you. The responding unit is currently working on your request as a priority and will write to you as soon as a final response is ready.

Regards,

Mrs Jay Sajeev
Freedom of Information Act Policy Team
Customer Service Improvement Directorate |HROD | UK Border Agency | 12th floor| Lunar House |Web: www.homeoffice.gov.uk

M Bimmler left an annotation ()

nudging has not really helped. Sent followup to UKBA managers now...

Hussain Isra, UK Border Agency

1 Attachment

Dear Mr Bimmler

 

Please find attached response to your recent FoI request .

 

Kind Regards,

 

UKBA  

FoI team

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Reference FOI 22338

Dear UK Border Agency,

many thanks for your email of 07 August 2012, which finally provides the response to my Freedom of Information request dated 5 April.

I note that the letter attached to the email is dated 12 July 2012 - I don't know whether it took from 12 July to 07 August to forward the letter internally, but in any case I wish to put on record that I only received a response today, 7 August, and certainly not on 12 July.

Unfortunately, I cannot say that I believe you have fully complied with the FOIA and therefore I need to ask for an internal review, focusing particularly on the following issues:

- procedural handling of the request (incl. timeliness)

. Refusal (based on Section 35) to release certain unnamed documents

I look forward to your early response.

Yours faithfully,

Michael Bimmler

Your Reference: FOI 22338

Dear UK Border Agency,

on 7 August, I wrote to you requesting an internal review of your decision not to release certain records in response to my Freedom of Information request.

I would be grateful if you could confirm briefly that my 7 August request has been received and is under consideration.

Yours faithfully

Michael Bimmler

FOI Responses, UK Border Agency

1 Attachment

Dear Mr Bimmler

 

Please find attached an update relating to your internal review request of
FOI case 22338 by the Home Office. 

 

Many Thanks

 

Martin Riddle | Information Access Team
Information Management Service | Financial and Corporate Services Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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Dear Mr Riddle,

I refer to your emailed letter dated 30 August, in which you wrote
"We aim to send you a full response by 3 September 2012, which is twenty working days from the date when we received your internal review request."

Given that today is 13 September and thus 10 days beyond the date you mentioned, I wondered whether you could give me an updated timescale for resolution?

Yours sincerely,

M Bimmler

FOI Responses, UK Border Agency

This mailbox does not accept incoming messages. Any FOI requests or
inquiries should be sent to [1][email address].

 

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References

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References

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FOI Responses, UK Border Agency

1 Attachment

Dear Mr Bimmler

 

Please find attached the Home Office response to your request for an
internal review of FOI case 22338.

 

I apologise for the lengthy delays you have experienced with the handling
of your original FOI and internal review requests. 

 

Many Thanks

 

Martin Riddle | Information Access Team
Information Management Services | Financial and Corporate Services Group
Ground Floor | Seacole Building | Home Office | 2 Marsham Street | London
SW1P 4DF
Switchboard Number: 0207 035 4848

 

 

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Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.