Centre of life guidance for Surinder Singh

The request was partially successful.

Dear Home Office,

It appears clear that you have issued new Centre of life guidance for Surinder Singh to case workers.

Can you please provide all policy updates. Home office circulars. And full copies of guidance in relation to the new regulation 9.3 of eea regs 2006 that was introduced on Jan 1. 2014.

Thank you and

Yours faithfully,

Sukwant Singh

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

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Communications via the GSi may be automatically logged, monitored and/or
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Freedom Of Information Team ( IND ), Home Office

Dear Sukwant Singh

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond in due course.

Regards

Information Management Services (IMS),
Corporate Services
Home Office
12th Floor Lunar House, 40 Wellesley Road, Croydon CR9 2BY
www.gov.uk/home-office

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FOI Responses, Home Office

3 Attachments

Dear Mr Singh,

 

Thank you for your email of 12 January 2014. Your request has been handled
as a request for information under the Freedom of Information (FOI) Act
2000.

Please find attached our response and the 2 annexes referred therein.

 

 

Your Sincerely

 

Information Access Team

 

 

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Dear FOI Responses,

Re 30270

I believe that you send the policy updates as you have provided with an email communication. (I have seen a number of these previously).

Can you please provide me with a copy of the message that this guidance was attached to. If one exists.

Yours sincerely,

Sukwant Singh

FOI Responses, Home Office

This mailbox is unable to accept incoming messages and your email has been
automatically redirected to [1][Home Office request email] for a
response. Please use this email address for any further queries.

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FOI Responses, Home Office

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Dear Home Office,

I previously sent this message, but received an error message.

Ref 30270

I believe that you send the policy updates as you have provided with an email communication. (I have seen a number of these previously).

Can you please provide me with a copy of the message(s) that this guidance was attached to. If it exists.

Yours faithfully,

Sukwant Singh

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

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

Freedom Of Information Team ( IND ), Home Office

Dear Sukwant Singh,

Further to your below request.

I would be grateful if you could clarify what information you require.

Specifically could you explain what email communication you require by providing the date of the email and the topic or subject of the email.

Yours sincerely,

Information Management Services (IMS) | Home Office 12th Floor | Lunar House | 40 Wellesley Road | Croydon | CR9 2BY

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Dear Freedom Of Information Team ( IND ),

Ref 30270

Further to your request for clarification. I believe you refer to them as P.I.N. or MQT policy notices and Communication Notices

Yours sincerely,

Sukwant Singh

Freedom Of Information Team ( IND ), Home Office

Thank you for contacting the UK Border Agency Freedom of Information Team.

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
http://www.ukba.homeoffice.gov.uk/naviga...

We are unable to respond to other types of immigration enquiries or
general correspondence. For further information please visit our
comprehensive website at www.ukba.homeoffice.gov.uk.

Freedom of Information Act Policy Team
UK Border Agency

 

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Communications via the GSi may be automatically logged, monitored and/or
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Wayne Pearsall left an annotation ()

Well. That looks like they have some emails they don't want to share...

I mean, it's quite a lot of narrowing down requested there... they want the Topic, Date and Subject of the email message? jeeeesh.

Sukwant Singh left an annotation ()

Dear Freedom Of Information Team ( IND ),

Ref 30270

I requested a copy of any pin or mqt documents which were sent with the centre of life guidance.

I understand that this further request would be treated as a fresh foi request.

You requested clarification that was provided in Feb. I am displeased with your delay in responding to my request. I would therefore all you to review your handling of my request.

Yours sincerely,

Sukwant Singh

Freedom Of Information Team ( IND ), Home Office

Thank you for contacting the Freedom of Information Mailbox

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
Please note we are unable to respond to non-FOI immigration enquiries. We
are unable to respond to other types of immigration enquiries or general
correspondence. If you have a general immigration enquiry, or require an
update on a specific case, contact information can be found here:
[1]https://www.gov.uk/government/organisati...

 

 

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Clive Waterman left an annotation ()

Does this mean the home office are hiding the requested documentation?

Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 30270 'Centre of life guidance for Surinder Singh'.

I requested that you provide me with a copy of any communications that were attached with the centre of life guidance. I provided the (unrequired) clarification quite some time ago.

I would expect that you release the information requested.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Sukwant Singh

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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Communications via the GSi may be automatically logged, monitored and/or
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Freedom Of Information Team ( IND ), Home Office

Dear Sukwant Singh,

 

I apologise for the delay in the handling of your following correspondence
to request 30270. As you are aware we clarified your follow up request  of
the 26/01 on the 3/02.

 

I can confirm that we received your clarification of 4/02 for P.I.N. or
MQT policy notices and Communication Notices, however, our records show
that further clarification was needed and clarification was sent on the
11/02. However, it appears that you did not receive our clarification and
unfortunately we no longer hold a copy of it.

 

Therefore, we believed your request was closed and therefore are unable to
conduct an IR review of it.

 

We would be happy to reopen your request; however, I would be grateful if
could confirm what information you require in order to avoid any further
misunderstandings.  

 

 

Your sincerely,

 

FOI Requests,

Home Office

 

 

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Dear Freedom Of Information Team ( IND ),

RE: 30270

You state that you sent a clarification request on 11/02. However, you also confirm you do not hold a copy of this clarification request. I therefore believe that this is conclusive that no clarification was requested. I am interested in receiving a copy of this information that you do store: Would this be considered a Subject Access Request - or would I be able to request this information under the FOI Act.

Your own freedom of information policies (released earlier this month via the WhatDoTheyKnow website [ 31089 https://www.whatdotheyknow.com/request/d... ]) make it clear that each request is stored in its own folder. With this in mind, it appears clear that you either hold the clarification request, or none was sent.

As I previously mentioned, WhatDoTheyKnow hold various references to the MQT and PIN Notices. I made a request for any specific ones you hold.

Some examples of the PIN / MQT notices I request are in relation to Surinder Singh - specifically the ones attached to the centre of life guidance.

It appears clear that this guidance would have been sent between December 2013 and Feb 2014.

For clarification of the types of documents (and therefore stored information) are ones with a layout such as the following two extracts (copied from a previous freedom of information release on What Do They Know in relation to a Certificate of Application - 26321 https://www.whatdotheyknow.com/request/c... )

Author: European Communication Team
Date Created: 19.04.10
Version: 1.0
No 65 of 2011
Communication Notice
Issued By
European Casework
Subject: Implementation of Ruiz Zambrano judgment
Start Date
19.09.2011 Expiry Date
Ongoing To:
All European Casework Staff Date of Issue
16.09.2011
An interim process has now been agreed for dealing with cases where an application for documentation is received from persons relying on the ECJ judgment on Ruiz Zambrano.
It has been agreed that whilst changes to the Regulations are progressed which will enable UKBA to issue documentation in these circumstances; applications received from the date of this instruction must be considered by the Front End Sift (FES). In principle, all applications claiming a sole reliance on the ECJ judgment on Ruiz Zambrano will be sifted by FES, those meeting the scope* of the judgement will be accepted and will be placed on hold until changes to the Regulations have been effected. Those applications that do not meet of the scope of the judgement will continue to be rejected,
* This PIN is based on European Operational Policy Notice no 13/2011 which must be referred to for further detail on the agreed scope,
Where an application is made, consideration must be given to whether they potentially come within the following agreed scope:
 A Third Country National adult Dependent upon whom a British citizen child is dependent
 A Third Country National adult Dependent upon whom a British citizen adult is dependent
In practice, the majority of cases are likely to come within the first category and will involve a British citizen child who is dependent upon their third country national parent. In order to demonstrate that they are a potential beneficiary of this category then the following evidence needs to be presented:
 the child is under the age of 18
 the child is a British citizen,
 evidence of relationship between the child and the parent/guardian (i.e. birth certificate)
 evidence of child‟s dependency on the third country national parent/guardian (i.e. care responsibilities, care orders)
On arrival at DPT, the case will be created on GCID using the new “EEA – Zambrano” casetype (code EEAZAM on G-CID). As no new outcomes / stats cats etc have been agreed for Zambrano cases, all the static data relating to EEA2s has been allocated until further notice. Where evidence of the above is included (normal guidance on original documents applies) the applicant should be issued with a „Zambrano‟ Certificate of Application:
[REDACTED]
All such cases should be walked and talked with an EO senior caseworker before proceeding.
Author: European Communication Team
Date Created: 19.04.10
Version: 1.0
These cases should then be allocated to LNC25EWH and placed on the Zambrano shelf.
Where cases are considered to be “in scope” but photocopied documents have been produced the following letter should be sent.
[REDACTED]
All cases where the British Citizen is an adult and some evidence of dependency has been submitted should be walked and talked with an SEO SCW before validation.
All other cases should be rejected using the attached „Zambrano‟ rejection letter:
[REDACTED]
Please note that where a case is being rejected both on Zambrano and on the current Regulations then the applicant will require both rejection letters to be sent.
There is no longer any need to photocopy rejected Zambrano cases but the reasons for rejection should be clearly noted on case notes.
Any cases which have already been accepted into the business should firstly have their application considered on the basis of the Regulations (even where the application is based solely on Zambrano). Where this is to be refused, then consideration must now be given to whether the application comes within the agreed scope of Zambrano.
For cases where the applicant has provided evidence which demonstrates that they may fall within scope, the original application must first be decided under the Regulations. A new case should then be created by DPT and the following letter should be sent. Cases will be created by DPT using the new “EEA – Zambrano” casetype (code EEAZAM on G-CID). As no new outcomes/ stats cats etc have been agreed for Zambrano cases, all the static data relating to EEA2s has been allocated until further notice. Following Case Creation, DPT will allocate the case to LNC25EWH.
[REDACTED]
For cases where the applicant has not provided evidence which demonstrates that they may fall within scope then the application should be refused under the Regulations and the following letter should be sent along with the refusal.
[REDACTED]
There is no right of appeal on the basis of Zambrano as this provision does not come within the Regulations. For applications which are rejected on the basis of Zambrano, therefore, this letter should be included in the bundle which is sent to AIT if an appeal is lodged.
For any outstanding PAPs or JRs on the basis of our handling of the Zambrano judgment the following letter should be tailored to suit the circumstances and sent to the applicant/rep.
[REDACTED]
Author
[REDACTED] Approved by [REDACTED]
[REDACTED] Grade
[REDACTED] Date of Approval
21/10/2011 European Communication Notice

AND

Author: European Communication Team
Date Created: 19.04.10
Version: 1.0
No 39 of 2012
Communication Notice
Issued By
European Casework
Subject: Applications under ECJ Ruiz Zambrano
Start Date
08-Nov-12 Expiry Date
Until Replaced To:
All NWEuro Staff Date of Issue
TBC
This instruction replaces PIN 18/2011 and PIN 65/2011
which are now withdrawn
Following the changes to the Immigration (European Economic Area) Regulations 2006 on 8th November 2012, applications made on the basis on the ECJ Ruiz Zambrano should now be considered by EO Caseworking staff in line with the attached European Policy Notice (EOPN 21/2012).
Front End
A person submitting a Zambrano application should be issued with a Certificate of Application giving them the right to work. The Zambrano COA is now obsolete and should not be used.
EO Caseworkers:
Prior to consideration, you should ensure that the Casetype on G-CID is amended to:
EEA – Zambrano
This is essential as this will ensure that the correct Vignette is produced should the case be an Issue. Vignettes in Zambrano cases will have the following wording which differentiates them from EEA Vignettes:
Type Of Document: Derivative Residence Card
Remarks: Employment and Business Activities Allowed
Caseworkers will need to ensure that they have sufficient, up-to-date information and evidence to support their consideration of each case on its individual merits. The attached letter has been approved for this purpose.
[REDACTED]
Author: European Communication Team
Date Created: 19.04.10
Version: 1.0
Caseworkers should include the new Derivative Rights application form DRF1 (attached) with their write-out letter. It is not mandatory that the applicant complete the application form as long as they provide the information/evidence required by the Caseworker in their response. For this reason, caseworkers should reference the relevant sections of the application form within the write-out letter.
The write-out letter will be uploaded to Docs Gen in due course. In the meantime, caseworkers should cut and paste the letter into Docs Gen.
Should the decision be to Issue, caseworkers should take the appropriate actions in G-CID. However, ECD 3108 is not appropriate for Zambrano case types and should not be used. The attached version should accompany all Zambrano Issues. This letter will be uploaded to Docs Gen in due course. In the meantime, caseworkers should cut and paste the letter into Docs Gen and print off a copy which should be enclosed with the documents for SHA to despatch.
[REDACTED]
Any issues should be escalated via SCWs in the usual way.
Author
[REDACTED]
[REDACTED]
[REDACTED]
Grade
[REDACTED]
Date of Approval
14-Dec-12 European Communication Notice

If further clarification on the information I am requesting is required, please do not hesitate to be more specific with your request, despite the fact that I feel my request has been more than specific for the purposes of the Freedom of Information Act - and with such narrow search paramaters cannot be considered to be a "Fishing Expedition".

I also note that PIN (Policy Information Notices?) are referenced in various other requests on What Do They Know (such as: https://www.whatdotheyknow.com/request/r...

Yours sincerely,

Sukwant Singh

Freedom Of Information Team ( IND ), Home Office

Thank you for contacting the Freedom of Information Mailbox

The Freedom of Information (FoI) Act 2000 provides public access to any
recorded information held by public authorities
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

The Act does not give people access to their own personal data
(information about themselves). If you require information that a public
authority holds about you, you must make a Subject Access Request under
the Data Protection Act 1998. You can find further details on how to do
make a Subject Access Request by following the link below:
Please note we are unable to respond to non-FOI immigration enquiries. We
are unable to respond to other types of immigration enquiries or general
correspondence. If you have a general immigration enquiry, or require an
update on a specific case, contact information can be found here:
[1]https://www.gov.uk/government/organisati...

 

 

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Freedom Of Information Team ( IND ), Home Office

Dear Sukwant Singh

Thank you for your recent e mail concerning the above matter. We are dealing with your enquiry and will respond in due course.

Regards

Information Management Services (IMS),
Corporate Services
Home Office
www.gov.uk/home-office

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FOI Requests, Home Office

Sukwant Singh

 

Thank you for contacting the Home Office with your request. This has been
assigned to a caseworker (ref 31711). We will aim to send you a full
response by 13/06/2014 which is twenty working days from the date we
received your request.

 

If you have any questions then please do not hesitate to contact us.

 

Thank you

 

FOI Requests

Home Office

 

 

 

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Dear FOI Requests,

"(ref 31711). We will aim to send you a full response by 13/06/2014 which is twenty working days from the date we received your request."

I am still awaiting the response. Did your team forget to send it to myself? Or as others have suggested: Are the Home Office attempting to conceal the information which I have requested for the past four months.

This is a complaint, requesting internal review - in addition to the release of the information that I requested from yourselves.

Yours sincerely,

Sukwant Singh

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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

FOI Requests, Home Office

Sukwant Singh

 

Thank you for contacting the Home Office.

 

This will be handled as an internal review time complaint of your Freedom
of Information request.

 

The internal review has been assigned to a caseworker who will investigate
and respond to you (ref 31711).

 

If you have any questions then please do not hesitate to contact us.

 

Thank you

 

FOI Requests

Home Office

 

 

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NW Region FOI, Home Office

1 Attachment

Dear Sukwant Singh

 

Please find attached a response to your FOI request of 15 May 2014.

 

Please accept are apologies for the delay in dispatching the
correspondence.

 

Regards

 

NW FOI team.

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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Dear Home Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Home Office's handling of my FOI request 'Centre of life guidance for Surinder Singh'.

As you have cited an unreasonable exemption of Section 12(1), refering to a case by case search. Please can you outline what cases would be required. How many MQT or PIN or Communication Notices are produced by the Home Office to constitute over 24 hours of work.

Which of my questions did you deem to require a search of CID? I did not request release any information from CID. Only MQT or PIN or Communication notices issued between December 2013 and February 2014 which relate to the Surinder Singh Route.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...

Yours faithfully,

Sukwant Singh

FOI Requests, Home Office

Thank you for contacting the Home Office FOI Requests mailbox.

The Freedom of Information (FoI) Act 2000 provides public access to
recorded information held by the department.
If you have submitted a valid FoI request, we will acknowledge your
request within 24 hours, and aim to provide the information requested
within 20 working days as specified under the FoI Act.

Please note we are unable to respond to non-FOI immigration enquiries. If
you have a general immigration enquiry, or require an update on a specific
case, contact information can be found here:
https://www.gov.uk/government/organisati... and
https://www.gov.uk/visas-immigration

 

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, Home Office

1 Attachment

Dear Mr Singh,

 

Please find attached response to your email of the 14 June 2014 regarding
the delay in responding to your FOI request of the 15 May 2014.

 

Regards

R Patel

 

 

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Communications via the GSi may be automatically logged, monitored and/or
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FOI Requests, Home Office

Sukwant Singh

 

Thank you for contacting the Home Office.

 

This will be handled as an internal review of your Freedom of Information
request.

 

The internal review has been assigned to a caseworker who will investigate
and respond to you (ref 31711).

 

If you have any questions then please do not hesitate to contact us.

 

Thank you

 

FOI Requests

Home Office

        

 

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Wayne Pearsall left an annotation ()

Ahh well, now you're stuck in a never ending cycle of Internal Review processes... Expect a response on the 12th of never.

Sukwant Singh left an annotation ()

You may be correct on this. It appears that the ICO only considers the most recent request for internal review

On 14th June I emailed the ICO complaint:

Dear Sirs

I wrote to the Home Office in Janurary requesting release of information in regards to the Centre of Life test in relation to Surinder Singh cases (The Surinder Singh Route is a rather complex piece of immigration law consisting of various sets of caselaw issued by the ECJ).

The Home Office adopted a "Centre of Life" test (which is clearly illegal - this fact has been clarified in the recent case of O v Netherlands).

My request in full can be seen here:

https://www.whatdotheyknow.com/request/c...

My initial request included for Home Office Circulars. Unfortunately, I also meant MQT and PIN documents which are sent with casework instructions.

The Home Office initially responded to my request on the 23rd Jan 2014. So I have no problem with the beginning of the request. My initial request perhaps was not clear.

On the 26th Jan I requested further information: The message that this guidance was sent with. This includes MQT and PIN notices - as I am sure the Home Office are aware.

On the 3rd of Feb a clarification (or perhaps limiting) request was sent to myself. I responded on the 4th Feb with the actual information I wanted (Stating MQT and PIN notices - Communication Notices).

I heard nothing more from the Home Office.

On the 29th March, I sent a formal request for Internal Review. This was Ignored.

I then reitterated my request on the 9th May.

On the 14th May I received a response, stating they believed my request was closed. Ironic really - considering that I had chased it up a number of times - infact even after their claimed clarification request.

On the 15th May, I sent my clarification, which they treated as a fresh FOI request. I should of received a response in this case by the 13th June 2014 - as outlined by their email on 19th May.

The request was issued with ref 31711 on the 19th May.

I still wait, but over four months for a reply to my request for the further information is simply unacceptable.

They cannot, or should not be allowed to use the excuse that they thought I'd withdrawn my request as I'd not contacted them, when I sent them a message inside of their claimed two month window.

Yours Faithfully

Mr Sukwant Singh.

On 3rd July I got this response:

3 July 2014

Case Reference Number FS50544707

Dear Mr Singh

Information request to the Home Office

Thank you for your correspondence in which you complain about the time taken for the Home Office to carry out an internal review that you requested on 17 June 2013.

The right to complain to the Information Commissioner is given under section 50 of the Act. However, a complaint may be deemed ineligible under section 50, if for example:

•There is an undue delay before bringing a complaint to our attention, or;
•You have not exhausted any complaints procedure which is provided by the public authority.

Therefore, before accepting complaints, the Commissioner expects complainants to allow public authorities the opportunity to respond to their appeal for a review of the handling of or decision regarding their FOI request.

Although there is no statutory time set out in the Act within which public authorities must complete a review, the Commissioner has issued guidance on this matter (Good Practice Guidance 5). The Commissioner considers that a reasonable time for completing an internal review is 40 working days from the date of the request for review.

From the link you have provided it appears the Home Office still have time to respond to your request for internal review. However, if you have not received a response to your internal review request within 40 working days please contact our office again and we will investigate your complaint further.

If we can be of any further assistance please contact me on the number below, quoting your case reference number. You may also find some useful information on our website at www.ico.gov.uk.

Yours sincerely,

Robyn Faolan
Case Officer
Information Commissioner's Office

Direct Dial 01625 545 592

Sukwant Singh left an annotation ()

"Therefore, before accepting complaints, the Commissioner expects complainants to allow public authorities the opportunity to respond to their appeal for a review of the handling of or decision regarding their FOI request.

Although there is no statutory time set out in the Act within which public authorities must complete a review, the Commissioner has issued guidance on this matter (Good Practice Guidance 5). The Commissioner considers that a reasonable time for completing an internal review is 40 working days from the date of the request for review."

The ICO says give the PA 40 working days (this often exceeds two calendar months). The PA will then say "We didn't hear from you within our prescribed time limit of two calendar months so deleted your request" (as seen above).

The requester is therefore in a sticky situation. Repeat your request, and get the 40 working days reset. Or do nothing (other than wait) and be ignored (as we have seen many times on this very website).

Wayne Pearsall left an annotation ()

As I said previously. Welco e to the never ending internal review cycle. On another note... I think this could be what they're hiding.. https://www.whatdotheyknow.com/request/a...

Amit Hidri left an annotation ()

Unbelievable. They still haven't responded. Not long until the ico can investigate. Clearly a joke.

FOI Requests, Home Office

4 Attachments

 

Dear Mr Singh,

 

Please find attached herewith the response to your Internal Review
request, with apologies for the delay.

 

Yours sincerely,

 

Information Access Team

 

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Sukwant Singh left an annotation ()

Filed complaint with the ico.

Brook Adrian (IMS), Home Office

1 Attachment

Dear Mr Singh

 

The Information Commissioner’s Office (ICO) has been in touch with us
about your complaint about the Home Office response to your freedom of
information request (ref. 31711) and subsequent internal review.

 

With the internal review of 28 August 2014 we provided a redacted version
of an e-mail dated 27 December 2013.  Some of the redactions were of
information that was outside the scope of your request.  Other redactions
were of personal information exempt under section 40(2) of the FOI Act. 
On reconsideration, some of the section 40(2) redactions were of
information that does not constitute personal data, namely a number of
generic internal e-mail addresses and an address line at the foot of the
e-mail.

 

At the request of the ICO, I am sending with this e-mail an amended copy
of the e-mail dated 27 December 2013, with this information restored.

 

We await the ICO’s decision on your complaint.

 

Regards

 

Adrian Brook

Information Access Team

Knowledge and Information Management Unit

Performance and Risk Directorate

Home Office

2 Marsham Street, London SW1P 4DF

Tel: 020 7035 1022

[1][email address]

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Sukwant Singh left an annotation ()

It looks like The Home Office is entitled to claim anything. So on the balance of probabilities, given that the Home Office's own policy states that all communications are kept, as the Home Office do not hold any communication, would this lead to the clear outlining that the Home Office did not request any clarification on 11/02/14:

Mr S Singh
By email

12 February 2015

Case reference FS50544707
Service complaint reference RCC0569785

Thanks for your email of 1 February 2015. I am dealing with the complaint in my capacity as the Group Manager of Ben Tomes’ team.

Essentially, your complaint is that Mr Tomes is proposing to restrict the scope of the decision notice to the issue of the exemption, and not to include the issue of whether or not the Home Office sent you a request for clarification, which bears on whether it breached statutory time limits.

Having considered the case and spoken to Mr Tomes, we will now include the issue of the clarification within the decision notice. We will therefore consider, on the balance of probabilities, whether you have demonstrated that the Home Office failed to send a request for clarification.

You have raised the issue of the burden of proof. The burden of proof is on you, as the person making the allegation, rather than on the Home Office as the party asserting certain facts.

I hope this clarifies our position.

Yours sincerely,

Jon Manners
Group Manager

The Information Commissioner’s Office

Wayne Pearsall left an annotation ()

https://www.whatdotheyknow.com/request/f...

Home office messages about your request.

Clive Waterman left an annotation ()

The ICO Decision Notice is here: https://ico.org.uk/media/action-weve-tak...

Decision (including any steps ordered)
1. The complainant requested information relating to guidance issued to
immigration officials concerning the implications of a court case. A delay
ensued which the complainant alleged was the result of the Home Office
failing to send a request for clarification when it claimed it had done so.
Upon responding to the request, the Home Office disclosed the majority
of the information, but withheld names of officials under the exemption
provided by section 40(2) (personal information) of the FOIA.
2. The Commissioner’s decision is that on the balance of probabilities the
Home Office had sent a request for clarification at the time it claimed to
have done and so there is no breach of the FOIA in relation to this
allegation by the complainant. The Commissioner also finds that the
Home Office cited section 40(2) correctly, but that it breached section
17(1) of the FOIA by failing to respond within 20 working days following
the eventual provision of a clarified request by the complainant. That
breach does not necessitate remedial action.

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