How i go about doing a request for my care files - clarification

The request was partially successful.

Dear Leeds City Council,

You recently responded to a Freedom of Information (FOI) request on how to make a Subject Access Request (SAR) to your organization. I note that the person making the request highlights that up to now she has been given wrong info on how to go about making a SAR. She also highlights the need for an email or direct phone number. In replying to the FOI request you attached two guidance documents.

The document named SARpublicguide.docx contains the following info:

"5. Do I have to use the Request Form?

5.1 Yes. This means we’ll be able to deal with your request more quickly, because it should save us having to write to you, to ask for details about what information you’re seeking, and for proof of identity."

The pdf document SARpublicguide.pdf also contains the exact same wording for Section 5.1.

However, the SARpublicguide.pdf document on your website (http://www.leeds.gov.uk/docs/SARpublicgu... ) says the following:

"5. Do I have to use the Request Form?

5.1 Your request must be in writing but you do not have to use the form. However by using the form means we’ll be able to deal with your request more quickly, because it should save us having to write to you, to ask for details about what information you’re seeking, and for proof of identity."

1) Kindly clarify/confirm which document or documents have the correct information.

2) I also note that the pdf document SARpublicguide.pdf attached to the FOI request response does not contain an email address for yourself or the ICO (nor a phone number for yourself). Is there a reason for not providing this information, particularly since the email addresses can be found in the SARpublicguide.docx version.

What happens if someone only accesses (or CAN ONLY ACCESS) the pdf version on your reply, and goes by the information on that document?. Are they not misinformed or prevented from accessing certain crucial information.

3) Do you feel it's acceptable to provide incorrect and incomplete information to someone who has already expressed concern that they've been given incorrect info; not to mention expressed the need for an email address or direct phone number.

Yours faithfully,

Mr Navartne

Dear Leeds City Council,

Please note that the initial FOI request made by Alison can be found at:

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

With regards to the current request, kindly withdraw part (2) and (3).

Please only respond to part (1) of this request.

Yours faithfully,

Mr Navartne

Dear Leeds City Council,

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

I am writing to request an internal review of Leeds City Council's handling of my FOI request 'How i go about doing a request for my care files - clarification'.

1) The statutory 20 working day time frame allowed for responding to this request has lapsed.

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

Yours faithfully,

Mr Navartne

DPFOI, Leeds City Council

Dear Mr Navartne,

 

I am writing this letter in response to the email the council received on
27th January 2017 whereby you have requested we treat your email as a
request for a review. You requested an internal review as you did not
receive a response to your Freedom of request sent in via
whatdotheyknow.com on the 19th January 2017.

 

Please accept my sincere apologies as it is apparent there has been an
administrative error in not addressing your Freedom of Information
request.  The council are keen to address your original request, please
see the response below.

 

You asked the following:

 

1) Kindly clarify/confirm which document or documents have the correct
information.

 

2) I also note that the pdf document SARpublicguide.pdf attached to the
FOI request response does not contain an email address for yourself or the
ICO (nor a phone number for yourself). Is there a reason for not providing
this information, particularly since the email addresses can be found in
the SARpublicguide.docx version.

 

What happens if someone only accesses (or CAN ONLY ACCESS) the pdf version
on your reply, and goes by the information on that document?. Are they not
misinformed or prevented from accessing certain crucial information.

 

3) Do you feel it's acceptable to provide incorrect and incomplete
information to someone who has already expressed concern that they've been
given incorrect info; not to mention expressed the need for an email
address or direct phone number.

 

Response

 

In response to the above questions 1-3, the additional SARpublicguide.docx
and SARpublicguide.pdf were both attached incorrectly.

 

The hyperlinks which were supplied to the requester were in fact the
correct versions of both our form and guidance document which can be found
on leeds.gov.uk.

 

Please see below for reference

 

http://www.leeds.gov.uk/opendata/Pages/S...

 

Within the correct documentation the council provides the customer with
several options when completing a form.

 

Completed forms can be taken to any One Stop Centre with proof of your
identity. Forms can also be emailed to [Leeds City Council request email]

 

or posted to:

Corporate Information Governance

2nd Floor West

Civic Hall

Leeds

LS1 1JF

 

In addition, the webpage provides a link to ‘further information’ which
provides signposts customers to the ICO address and contact details.

 

In summary, the two additional guidance documents should not have been
supplied to the requester; the documents are outdated and incorrect in
respect of guidance from the Information Commissioners Office (ICO). 

 

Please note it was not the council’s intention to cause confusion to the
customer, the matter occurred as explained above due to an administrative
error.

 

I trust that this response is satisfactory. If you are unhappy with the
outcome of your complaint, you can contact the Information Commissioner
and ask them to investigate.

The address of The Information Commissioner is:

 

The Information Commissioner’s Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire

SK9 5AF

 

Yours Sincerely

 

 

 

Mandy Dobson

Senior Information Governance Officer

Tel:0113 2243004

[email address]

 

 

 

 

 

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