Complaints regarding ICO staff
Dear Information Commissioner's Office,
I have been in contact with your organisations helpline on a number of occasions to request information regarding your complaints policy,i.e. the policy which governs how you will record and address complaints from members of the public made in respect to ICO staff.
The resulting replies have been singularly uninformative.
Staff have directed me to your website here https://ico.org.uk/make-a-complaint/comp... where it states
"We will acknowledge your complaint within 10 working days. In most cases, the person who dealt with you will first check to see if they can resolve your complaint by providing you with further information or clarification about any decisions they have reached. If they can't do that, they will share your complaint with an appropriate manager, who will look at what we have done and why.
Once a manager has considered your complaint, they will tell you what they have decided. The manager should reply within 30 calendar days of the complaint being raised with them."
It gives no details regarding the procedure being followed or any timescales for the relevant activities i.e. the "person" that you made the complaint about apparently has 10 days to acknowledge the complaint about themselves in writing, they then have an unspecified amount of time in which to change or amend any record and basically do whatever they like to cover up their actions if they wish before they decide to let a manager know about the complaint.
The manager is then given a further 30 days, calendar or working is unspecified however my guess is working, so 2 weeks for the subject of the complaint to simply acknowledge it, 6 weeks for a manager to consider it and an unspecified number of weeks between for the person complained about to let it sit if they feel like it.
So a minimum of 8 weeks and a maximum of as long as it takes to address a complaint regarding a member of staff under a process that allows the very member of staff subject to the complaint to look into their own actions.
I believe this so called process is in breach of your published code of conduct.
I made a formal complaint to the ICO on the 26 September 2019 regarding two members of staff who's actions I believe constituted a deliberate attempt to pervert the course of justice.
Their actions also appear to breach the ICO's code of conduct here https://ico.org.uk/media/about-the-ico/p...
I received the automated acknowledgement of receipt for the email but despite 13 working days elapsing, and a telephone call to the ICO asking what is happening regarding my complaint I have received no acknowledgement whilst the person complained about informed me that my complaint has not even been recorded on any system.
Please therefore provide the policy or procedure which clearly details the "complaints about ico staff" staff policy and please specify why this document is not part of your publication scheme here https://ico.org.uk/about-the-ico/our-inf...
Please also provide any documentation or records which show any decision making process regarding the current procedure of allowing the member of staff who is the subject of a formal complaint, to be the initial investigator and responder to any complaint about themselves without oversight.
Please also include any information which would identify this process as not being a gross conflict of interests under your code of conduct policy as being the first investigator into your own actions must be a direct conflict.
Yours faithfully,
W Hunter
12 November 2019
Case Reference Number IRQ0882554
Dear W Hunter
This is a response to your recent request for information, which we
received on 15 October.
Your request
You asked us for:
1. The policy or procedure which clearly details the "complaints about ico
staff" staff policy
and
2. any documentation or records which show any decision making process
regarding the current procedure of allowing the member of staff who is the
subject of a formal complaint, to be the initial investigator and
responder to any complaint about themselves without oversight. Please also
include any information which would identify this process as not being a
gross conflict of interests under your code of conduct policy as being the
first investigator into your own actions must be a direct conflict.
We have processed your request under the Freedom of Information Act (FOIA)
2000.
Our response
Having consulted with the relevant senior colleagues at the ICO, and
having carried out reasonable searches of our records, I can confirm that
we hold some information which falls under the scope of your request.
In relation to part 1 of your request, part 14 of the [1]service guide
available through our website sets out the process which staff follow when
dealing with service complaints.
In relation to part 2 of your request, while we do not hold records of
decision making on the specific points you have identified, we do hold
some further information relevant to the ICO’s expectations of how staff
will deal with complaints – it is available under the “Complaints about
the ICO” subheading on the [2]service standards page of our website.
Because the information we hold which falls under the scope of your
request is publically available through our website, our formal response
under the FOIA is that we are withholding it under section 21 of the act,
which sets out that a public authority does not need to actively provide
information to an individual where that information is already reasonably
accessible to them.
Advice and Assistance
To address one further point raised in your correspondence, the timeframe
for handling a service complaint is counted in calendar days, not working
days.
Next steps
I hope this response is clear. If you would like me to clarify anything
about the way your request has been handled please contact me.
You can ask us to review the way we have handled your request. Please see
our review procedure [3]here.
If you remain dissatisfied with the way we have handled your request
following an internal review you can [4]report your concern to the
regulator.
If you wish to contact me, please quote the reference number at the top of
this email. If you reply to this email please leave the subject field
unchanged.
More information about the Information Commissioner’s Office and the
legislation we oversee is available on our website at [5]www.ico.org.uk.
For information about what we do with personal data see our [6]privacy
notice. Our retention policy can be found [7]here.
Yours sincerely
Aiden Clarkson
Senior Information Access Officer
Information Commissioner’s Office
References
Visible links
1. https://ico.org.uk/media/about-the-ico/p...
2. https://ico.org.uk/about-the-ico/our-inf...
3. https://ico.org.uk/media/1883/ico-review...
4. https://ico.org.uk/make-a-complaint/
5. http://www.ico.org.uk/
6. https://ico.org.uk/global/privacy-notice/
7. https://ico.org.uk/media/about-the-ico/p...
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