Cabinet Office Compliance with FoIA

P. John made this Freedom of Information request to Information Commissioner's Office

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

Information Commissioner's Office did not have the information requested.

Dear Information Commissioner’s Office,

for many years, the Cabinet Office have been noted for their consistently poor compliance with the time limits in the Freedom of Information Act. I am among those who have complained to the ICO (in my case the request taking around 12 months to receive a response).

For example
BBC; Commissioner attacks Cabinet Office FOI delays (12 April 2011)
BBC; Cabinet Office blamed for 'serious shortcomings' on FOI (24 January 2014)

Please could you disclose to me,
- Why has there been no enforcement action taken against the Cabinet Office over their consistent failure to comply with FoIA?
- Any undertaking(s) given by the Cabinet Office to the ICO to improve their compliance since 2008.
- Any correspondence between the ICO "intensive monitoring" team and Cabinet Office for the last 12 months concerning their failure to comply with the FoIA.
- Any report authored by the ICO "intensive monitoring" team for the Information Commissioner concerning the compliance status of the Cabinet Office

Yours faithfully,

P. John

AccessICOinformation, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office. We confirm
that we have received your correspondence.

 

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Yours sincerely

 

The Information Commissioner’s Office

 

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Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://ico.org.uk/about_us/how_we_comply
2. http://www.ico.org.uk/tools_and_resource...
3. http://www.twitter.com/ICOnews

Information Commissioner's Office

22 July 2015

 

Case Reference Number IRQ0589191

 

Dear P John,

I write in response to your email of 13 July 2015 in which you submitted a
request for information to the Information Commissioners Office (ICO).
Your request has been dealt with under the Freedom of Information Act 2000
(FOIA) and our response is below.
 
In your 13 July email you asked;

“Why has there been no enforcement action taken against the Cabinet Office
over their consistent failure to comply with FoIA?”
 
We do not hold any recorded information that provides an answer this
question. We are not obliged under the FOIA to answer general questions if
this would mean creating new information or giving an opinion or a
judgment that is not already recorded.

“Any undertaking(s) given by the Cabinet Office to the ICO to improve
their compliance since 2008.”  
 
This is information exempt under s.21 of the FOIA as it is information
reasonably accessible to you by other means. This is because the ICO
publishes details of FOIA undertakings on our website.
 
The Cabinet Office (CO) signed a FOIA undertaking in June 2011. Due to the
lapse of time this information is no longer directly available from the
current pages of the ICO website but this is still information reasonably
accessible to you as it can be accessed via the National Archives website
using the link below. For your ease of reference the FOIA undertakings for
June 2011 can be viewed by scrolling to the bottom of the web page.  
 
[1]http://webarchive.nationalarchives.gov.u...

“Any correspondence between the ICO "intensive monitoring" team and
Cabinet Office for the last 12 months concerning their failure to comply
with the FoIA.”
 
The ICO does not have an “intensive monitoring” team however monitoring
public authorities’ FOIA compliance is among the responsibilities of our
Performance Improvement Department, which is organised broadly on a
sectoral basis. Having checked with the relevant individuals in the
department I can confirm that we do not hold any information falling
within the scope of this request
 
It may be helpful to add that the ICO did monitor the CO’s FOIA compliance
between 1 January 2014 and 31 March 2014. Information about this
monitoring was published on our website at the time and may be of interest
to you. This can be found here
[2]https://ico.org.uk/about-the-ico/news-an...
 
Following the conclusion of the monitoring period the outcome was also
published here
[3]https://ico.org.uk/about-the-ico/news-an...

“Any report authored by the ICO "intensive monitoring" team for the
Information Commissioner concerning the compliance status of the Cabinet
Office”

We do not hold any information falling within the scope of this request.
 
This concludes our response to your request. I hope that the information
provided is of use to you.
 
Yours sincerely
 
 
Steven Johnston
Lead Information Access Officer
 
 
Next steps
 
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 Information Access team
at the address below or e-mail [4][ICO request email].

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 visit
the ‘Concerns’ section of our website to make a Freedom of Information Act
or Environmental Information Regulations complaint online.
 
A copy of our review procedure is available here
[5]https://ico.org.uk/media/about-the-ico/p...
 

show quoted sections

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 0303 123 1113 Fax: 01625 524 510 Web: www.ico.org.uk

References

Visible links
1. http://webarchive.nationalarchives.gov.u...
2. https://ico.org.uk/about-the-ico/news-an...
3. https://ico.org.uk/about-the-ico/news-an...
4. mailto:[ICO request email]
5. https://ico.org.uk/media/about-the-ico/p...