The Legal ombudsman allows both sides to see the paperwork, why doesn't the ICO?

Jt Oakley 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.

The request was partially successful.

Dear Information Commissioner’s Office,

The Legal Ombudsman allows both sides to see the paperwork before coming to a decision, why doesn't the Information Commissioners Office?

The Legal Ombudsman apparently changed its protocol which previously favoured those complained about as clearly it was an injustice which hampered complainants.

Surely an agreed settlement between parties, who have equal access to information is lot cheaper than letting complaints drag on through the system?

This is what the Legal Ombudsman says:

· Once a complaint is accepted for investigation an investigator will be assigned. The investigator will firstly establish if an informal resolution can be achieved with the mutual agreement of both parties. If this is not possible they will consider the information provided by both parties, and provide their recommendation on how the matter should be concluded.
· If both parties accept that recommendation the complaint is concluded on that basis. However if, if either side disagrees with the recommendation we invite comments on why the recommendation is not a correct reflection on the complaint. This is an opportunity for both sides to provide constructive feedback direct to the ombudsman setting out the arguments as to what should be a suitable conclusion to the complaint.
· On receipt of these comments the work of the investigator comes to an end, and the complete file is placed before one of our ombudsmen. The ombudsman will review the evidence supplied by both parties, the recommendation report produced by the investigator, and the comments from each party on that recommendation. A final decision is then made.

For the above to fairly and effectively work it is fundamental that each party can see the relevant evidence/information we have, so that a possible informal resolution can be agreed or they can make informed comment on the conclusions being reached by this office before a final decision is made.

Yours faithfully,

Jt Oakley

Information Commissioner's Office

PROTECT

 

7 November 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your email of the 25 October 2013 regarding the role of the
Information Commissioner’s Office (ICO).
 
My understanding from your email is that you would like clarification on
the role of the ICO and the processes we follow.
 
The Legal ombudsman was set up by the Office for Legal Complaints and aims
to resolve complaints about the legal services provided by lawyers, in a
fair and independent way. The Information Commissioner regulates and
oversees the Data Protection Act 1998(DPA) and Freedom of Information Act
2000 (FOIA). Where an individual believes that an organisation has not
complied with the FOIA or the DPA they can ask the Commissioner to give
his view. When considering whether the DPA has been complied with he will
make an assessment and give his opinion on whether it is likely or
unlikely that the organisation has acted in compliance. When considering
whether an information request under the FOIA has been complied with the
commissioner will undertaken an investigation and issue a decision notice.
 
For the Legal Ombudsman to resolve a complaint in a way that was
acceptable to both parties (the lawyer and the person who is complaining
about the service they received from that lawyer), it may be appropriate
for both sides to see all the evidence available. However, it is not part
of the Commissioner’s role to resolve disputes between individuals and
organisations. The Commissioner is there to ensure compliance with the
legislation he regulates. Amongst other things, he does this by reviewing
the evidence provided to him. In some cases the Commissioners ability to
make an independent impartial decision as to whether an organisation has
complied correctly with the DPA or FOI may be jeopardised by disclosing
evidence to either party.
 
I hope this information is helpful. If you require any further
clarification on this matter please call me on my number below quoting
your case reference number.
 
For future enquiries you may wish to contact our helpline on 0303 123 1113
where you may receive a quicker response, or alternatively you may find
useful information on our website at [1]www.ico.org.uk.
 

Yours sincerely

Matthew Kay
Case Officer- First Contact
Information Commissioner's Office
Direct Dial- 01625545282

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
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Jt Oakley left an annotation ()

Thank you for your explanation ....but I was asking why it's ONLY the Legal Ombudsman who allows both complainant and complained about to see the paperwork... As other countries Ombudspersons do.

Why is the UK system different in only allowing the complained about to view the complainants point if view, while the complainant remains in the dark about their evidence?

Do you have anything on ICO's files to explain why this decision in favour of the complained about was made - to the detriment of those who complain?

And if there was any reference made to the system adopted in other countries and that of the Legal Ombudsman, when the decision was taken to protect the secrecy of government organisations?

Are their any incidences on record where the ICO has acted even-handedly as regards information on file to both parties?

If so, what criteria was used to enable complainants to see the complained about's evidence?

Dear Information Commissioner’s Office,

Thank you for your explanation ....but I was asking why it's ONLY the Legal Ombudsman who allows both complainant and complained about to see the paperwork... As other countries Ombudspersons do.

Why is the UK system different in only allowing the complained about to view the complainants point if view, while the complainant remains in the dark about their evidence?

Do you have anything on ICO's files to explain why this decision in favour of the complained about was made - to the detriment of those who complain?

And if there was any reference made to the system adopted in other countries and that of the Legal Ombudsman, when the decision was taken to protect the secrecy of government organisations?

Are their any incidences on record where the ICO has acted even-handedly as regards the provision of information on file to both parties?

If so, what criteria was used to enable complainants to see the complained about's evidence?

Yours faithfully,

Jt Oakley

new casework, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office (ICO). 
This message is to confirm that we have received your correspondence.
Please do not reply to this email.

 

If you have submitted a new complaint

 

We aim to provide an initial response and case reference number within 30
days.

 

If you have requested advice

 

We aim to respond to requests for advice within 14 days.

 

If your correspondence relates to an existing case

 

This will be added to your case and considered on allocation to a case
officer.

 

Copied correspondence

 

Please note that we do not respond to copied correspondence. If you have a
matter you would like to discuss please call our Helpline on 0303 123 1113
(local rate) or 01625 545745 if you prefer to use a national rate number.

 

Yours sincerely,

 

ICO Customer Contact Department

 

 

 

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
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Our newsletter

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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

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Information Commissioner's Office

PROTECT

 

18 November 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your email of the 11 November 2013 in which you ask a series
of questions; I will address each of your questions in turn.
 
 

 1. I was asking why it's ONLY the Legal Ombudsman who allows both
complainant and complained about to see the paperwork... As other
countries Ombudspersons do.
 2. Why is the UK system different in only allowing the complained about
to view the complainants point if view, while the complainant remains
in the dark about their evidence?
 3. Do you have anything on ICO's files to explain why this decision in
favour of the complained about was made - to the detriment of those
who complain?
 4. if there was any reference made to the system adopted in other
countries and that of the Legal Ombudsman, when the decision was taken
to protect the secrecy of government organisations?If so, what
criteria was used to enable complainants to see the complained about's
evidence?

 1. This because the role of an ombudsman is defined as “an official
appointed to investigate individuals' complaints against a company or
organisation, especially a public authority.” The ICO does not offer
an Ombudsman service and therefore does not act on behalf of the
individual. As explained in my previous email where an individual
believes that an organisation has not complied with the Freedom Of
Information Act 2000(FOIA) or the Data Protection Act 1998(DPA) they
can ask the Commissioner to give his view. When considering whether
the DPA has been complied with he will make an assessment under s.42
of the DPA and give his opinion on whether it is likely or unlikely
that the organisation has acted in compliance. When considering
whether an information request under the FOIA has been complied with
the commissioner will undertake an investigation under s.50 of the
FOIA and issue a decision notice.
 2. As explained in the answer above we carry out our work in accordance
with the legislation that we regulate. We could not comment on the
processes of organisations in other countries as they are governed by
their own legislation and as a result will operate differently to UK
based organisations.
 3. The ICO’s decision is taken after reviewing all evidence, as a
regulator we favour neither party and issue a decision based on the
evidence provided. Information on our role , policies and procedures
can be found [1]here.
 4. The legislation we regulate was created by acts of parliament and the
ICO operates in accordance with that; any issues with the legislation
or the role of the ICO would need to be raised with your local MP. Our
complaints process takes individuals through a journey to ensure
eligible complaints are submitted to us; this process was developed to
ensure only complaints which are within our remit are brought to us,
more information on our complaints process can be found [2]here.

 
I hope this information is helpful. If you require any further
clarification on this matter please call me on my number below quoting
your case reference number.
 
For future enquiries you may wish to contact our helpline on 0303 123 1113
where you may receive a quicker response, or alternatively you may find
useful information on our website at [3]www.ico.org.uk.
 

Yours sincerely

Matthew Kay
Case Officer- First Contact
Information Commissioner's Office
Direct Dial- 01625545282
 

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://www.ico.org.uk/about_us/our_organ...
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3. http://www.ico.org.uk/

Dear Information Commissioner’s Office,

Thanks.. helpful..

Could you confirm that for every FoI request, the ICO has to produce a Decision notice?

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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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

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Information Commissioner's Office

1 Attachment

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21 November 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your enquiry of 31 October 2013, in which you ask “Could you
confirm that for every FoI request, the ICO has to produce a Decision
notice?”
 
I can confirm that this is not the case. Section 50 of the Freedom of
Information Act (FOIA) gives people the right to complain to the
Information Commissioner’s Office (the ICO) if they believe a public
authority has failed to comply with its obligations under the FOIA.  If we
cannot resolve your complaint informally the ICO may issue a Decision
Notice.  However, where it is deemed that a complaint is not eligible for
consideration, the Access Rights Team will explain why, advise the
appropriate course of action, and close the case. I have provided a link
below about accessing public information and have also attached an
information sheet which explains the ICO’s role in relation to the FOIA in
more detail:
 
[1]http://www.ico.org.uk/for_the_public/off...
 
I hope this information is helpful. If you require any further
clarification on this matter please call me on my number below quoting
your case reference number.
 
For future enquiries you may wish to contact our helpline on 0303 123 1113
where you may receive a quicker response, or alternatively you may find
useful information on our website at [2]www.ico.org.uk.
 

Yours sincerely

 
Matthew Kay
Case Officer- First Contact
Information Commissioner's Office
Direct Dial- 01625545282
 

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://www.ico.org.uk/for_the_public/off...
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Dear Information Commissioner’s Office,

But if you make a request.. Surely the ICO has to give some sort of answer to the criteria raised?

Can a request go into oblivion without an explanation of some sort?

Yours faithfully,

Jt Oakley

new casework, Information Commissioner's Office

Thank you for contacting the Information Commissioner’s Office (ICO). 
This message is to confirm that we have received your correspondence.
Please do not reply to this email.

 

If you have submitted a new complaint

 

We aim to provide an initial response and case reference number within 30
days.

 

If you have requested advice

 

We aim to respond to requests for advice within 14 days.

 

If your correspondence relates to an existing case

 

This will be added to your case and considered on allocation to a case
officer.

 

Copied correspondence

 

Please note that we do not respond to copied correspondence. If you have a
matter you would like to discuss please call our Helpline on 0303 123 1113
(local rate) or 01625 545745 if you prefer to use a national rate number.

 

Yours sincerely,

 

ICO Customer Contact Department

 

 

 

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
Information Commissioner's Office e-newsletter.

Twitter

Find us on Twitter at [1]http://www.twitter.com/ICOnews

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
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Dear Information Commissioner’s Office,

Sorry.. Put the above into review instead of a clarification.

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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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

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Information Commissioner's Office

PROTECT

 

29 November 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley
 

Thank you for your enquiry of 21 November 2013, in which you ask “But if
you make a request.. Surely the ICO has to give some sort of answer to the
criteria raised and Can a request go into oblivion without an explanation
of some sort?”
 
As I explained in my previous email if we cannot resolve your complaint
informally the ICO may issue a Decision Notice.  However, where it is
deemed that a complaint is not eligible for consideration, the Access
Rights Team will explain to the individual why and advise on the
appropriate course of action before closing the case.
 
I hope this information is helpful. If you require any further
clarification on this matter please call me on my number below quoting
your case reference number.
 
For future enquiries you may wish to contact our helpline on 0303 123 1113
where you may receive a quicker response, or alternatively you may find
useful information on our website at [1]www.ico.org.uk.
 

Yours sincerely

Matthew Kay
Case Officer- First Contact
Information Commissioner's Office
Direct Dial- 01625545282

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://www.ico.org.uk/

Dear Information Commissioner’s Office,

Thank you.

I have subsequently found out that the ICO was under the impression that I'd signed to say that I didn't want a Decision Notice, so I've asked for this signed document to be provided to me.

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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
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Information Commissioner's Office

PROTECT

 

3 December 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

 
Thank you for your correspondence received 15 November 2013 in which you
state “I have subsequently found out that the ICO was under the impression
that I'd signed to say that I didn't want a Decision Notice, so I've asked
for this signed document to be provided to me.”
 
My understanding from your email is that you may like to request a copy of
a signed document to be provided to you which you believe is held by the
ICO. If you would like to request information held by the ICO please send
your request with a clear description of the data required to
[1][email address]
 
I hope this information is helpful. If you require any further
clarification on this matter please call me on my number below quoting
your case reference number.
 
For future enquiries you may wish to contact our helpline on 0303 123 1113
where you may receive a quicker response, or alternatively you may find
useful information on our website at [2]www.ico.org.uk.
 

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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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

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Dear Information Commissioner’s Office,

Thanks but the item is already under request and separate from this request. I should not have brought it up.

I just wanted to find out if Decision Notices were always produced once the ICO had investigated a request.

Or does the ICO just provide a letter stating the result of the investigation - with no Decision?

Your answer seems to say that Decision notices are produced after every ICO investigation.

....But obviously not when the ICO refuses to investigate.

Is that correct?

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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
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2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Dear Information Commissioner’s Office,

By the way, did you know that none of the the links work.

References

Visible links
1. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Information Commissioner's Office

PROTECT

 

6th December 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your correspondence received 4 December 2013 regarding our
website and decision notices issued by the ICO.
 
My understanding from your email is that you have been trying to access
some of our website links and they are no longer working.
 
As you may be aware, the ICO recently changed their website from
ico.gov.uk to ico.org.uk and this may be why the website links no longer
work.

I am sorry you haven’t been able to access these website links however
none of these links were contained in my emails that I sent to you and as
such it is unclear where you have obtained these website links from. If
the links were provided in a response from the ICO please contact the
helpline quoting the relevant case reference number that the response
corresponds to and you will be directed to the appropriate case officer.
 
In your email you also state “Your answer seems to say that Decision
notices are produced after every ICO investigation ....But obviously not
when the ICO refuses to investigate. Is that correct?”
 
I can confirm that when all complaints are investigated formally by the
ICO we will issue a Decision Notice. However, when the complaint is
resolved informally a Decision Notice will not be issued.

I hope this information is helpful. If you require any further
clarification on this matter please call me on my number below quoting
your case reference number.
 
For future enquiries you may wish to contact our helpline on 0303 123 1113
where you may receive a quicker response, or alternatively you may find
useful information on our website at [1]www.ico.org.uk.
 

Yours sincerely
 

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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://www.ico.org.uk/

Dear Information Commissioner’s Office,

Thank you. That is what I wanted to know.

Here's a list of the links..under your repo se, which do not work.

1. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Link to this

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Peter Silverman left an annotation ()

".. when the complaint is resolved informally a Decision Notice will not be issued".

I wonder what constitutes an informal resolution? Do both parties have to agree that the matter has been resolved - or can the ICO declare it resolved without both sides agreement?

Peter Silverman

Jt Oakley left an annotation ()

Apparently I agreed that I didn't want a Decision Notice on my FoI request.

When asked to provide a copy of my signed agreement, the ICO could not provide one.

Presumably it's a box ticking exercise ..... someone ticks a box to say that a requestor doesn't want one..and that's it.

Dear casework,

Could you please confirm how a complainant signs off to say that they do not require a Decision Notice, once the case has been subject to investigation?

Is the complainant allowed to sign, or is an ICO employee allowed to determine that they do not want one ....without asking the complainant?

Yours sincerely,

Jt Oakley

Information Commissioner's Office

PROTECT

 

12 December 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley
 

Thank you for your email received 6 December regarding our website links.

My understanding from your email is that you have been trying to access
some of our website links and they are no longer working.
 
As I explained in my previous email, the ICO recently changed their
website from ico.gov.uk to ico.org.uk and this may be why the website
links no longer work.

I am sorry you haven’t been able to access these website links however as
I explained in my previous email none of these links were contained in my
emails that I sent to you and as such it is unclear where you have
obtained these website links from; it may be that the What Do You Know
software links converts the links to our old website address and is
causing them not to work, with this in mind it may be worth raising the
matter with their admin team.

If you would like me to provide the correct links to you please respond
advising this and I will be happy to do so.
 
I hope this information is helpful to you. If you would like to discuss
this matter further please contact me on my direct number 016125545282, or
alternatively you can contact our Helpline on 0303 123 1113. 

In addition, more information about the Information Commissioner’s Office
and the legislation we oversee is available on our website at
[1]www.ico.org.uk

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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://www.ico.org.uk/

Dear Information Commissioner’s Office,

I'm not so bothered by the links. I can cut and paste.

But links from other organisations are OK, so it's probably something to do at the ICO end.

:::

All I want to know is the answer to my Decision Notice question.

Especially when I am told that I stated that I didn't want a Decision Notice..and yet the ICO can provide no proof my request to forgo a Decision Notice.

And I am told that, had a Decision Notice been made, the 'result' would have been the same.

While you seem to be stating that Decision Notices are made after cases have been investigated.

How - exactly - are complainants cases allowed to choose whether they want DN's, or not?

Is there a special form that has to be signed if complainants choose this surprising course?

Or are investigators allowed to decide whether or not complainants want one, or not ?

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Jt Oakley left an annotation ()

Apparently because my case did not have a Decision Notice, and I certainly did not agree that I did not want one , I am now to have one, under a completely new case number.

So thank you WDTK for helping me.

Information Commissioner's Office

PROTECT

 

19 December 2013

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your email received 12 December regarding decision notices.

In my previous emails I have explained the process involved when the ICO
receives a Freedom of Information Act Complaint and the circumstances in
which a decision notice may be issued. To re-iterate, whether a decision
notice will be issued or not is not something that can be determined by
the complainant. That decision will be made by the ICO, usually when an
eligible complaint cannot be resolved informally. Unfortunately there is
nothing further I can add to this.
 
In your email you also state “I am told that I stated that I didn't want a
Decision Notice and yet the ICO can provide no proof my request to forgo a
Decision Notice. And I am told that, had a Decision Notice been made, the
'result' would have been the same.”
 
This does not appear to be an issue I have been involved with or addressed
in my previous correspondence. As such you would need to re-direct this
question to the relevant case officer who provided you with that
information.
 
I hope this information is helpful to you. If you would like to discuss
this matter further please contact me on my direct number 016125545282, or
alternatively you can contact our Helpline on 0303 123 1113. 

In addition, more information about the Information Commissioner’s Office
and the legislation we oversee is available on our website at
[1]www.ico.org.uk.
 

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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://www.ico.org.uk/

Peter Silverman left an annotation ()

THE ICO are saying that a decision notice would usually be issued when an eligible complaint cannot be resolved informally.

This would mean that a duty body could initially withhold embarrassing information without the fear of any serious repercussions.

The worst thing that would happen is that the complainant, if he had the resolve and stamina to do so, would complain to the ICO. At that point the information could then be released.

To prevent this happening every complaint should result in an decision notice.

Complainants do not want the ICO to act as an arbitration body. They are not looking for informal resolutions. They are looking for justice.

Responsible duty bodies on their part are looking for a vindication of the stand they have taken. Complainants who have made invalid or irresponsible requests should be told so in no uncertain terms.

Why waste time and tax payers money on arbitration. The ICO should simply gather the facts and issue decisions notices.

It would be good to know in what other circumstances the ICO would not issue a decision notice.

Peter Silverman
www.cleanhighways.co.uk

Jt Oakley left an annotation ()

Thank you Peter..

After stating that I had not wanted a Decision Notice, (as if) , when asked for proof - the ICO could not come up with any such statement.

However, the ICO are now to issue one in the New Year.

I don't think that this was deliberate ....just an oversight...but I do think it was unfair, as it potentially involved one of their own stakeholders.

Dear Information Commissioner’s Office,

I am simply asking since I have been told that I 'did not want a Decision Notice' , .....how the investigator is able to make this statement.

1.Is there a form to sign?

2. Or does a complainant have to write a letter?

3. Or does the investigator decide that a complainant does not want one - without requiring the complainant to make a decision on it.... and then is subsequently able to state that the complainant did not want one ?

........What process is used before an investigator can make this statement?

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Dear Information Commissioner’s Office,

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

I am writing to request an internal review of Information Commissioner’s Office's handling of my FOI request 'The Legal ombudsman allows both sides to see the paperwork, why doesn't the ICO?'.

I am still wanting to know the process where an an investigator can close down a case - stating that the complainant 'did not want a Decision Notice' without having the complainant's agreement to do so.

I would like to know by what process the complainant agrees that there should be no Decision Notice.

Is it by signing a form?

Or does the investigator simply declare that the complainant does not wish to have a Decision Notice? Without having to infirm the complainant?

And if the reputation of an ICO stakeholder is involved in a case does the stakeholder have special privileges in giving the investigator the advice to close down a complainant's case and not issue a Decision Notice?

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

Yours faithfully,

Jt Oakley

Information Commissioner's Office

PROTECT

 

3 January 2014

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your email received 2 January in which you ask a series of
questions regarding a decision notices

In my previous emails I have explained when a decision notice may be
issued by the ICO, there is nothing further I can add to this.

You also state “I have been told that I 'did not want a Decision Notice”
and ask a series of questions relating to this. This is not an issue I
have been involved with or addressed in my previous correspondence. As
such you would need to re-direct this question to the relevant case
officer who provided you with that information.
 
I hope this information is helpful to you. If you would like to discuss
this matter further please contact me on my direct number 016125545282, or
alternatively you can contact our Helpline on 0303 123 1113. 

In addition, more information about the Information Commissioner’s Office
and the legislation we oversee is available on our website at
[1]www.ico.org.uk.
 

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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://www.ico.org.uk/

Dear Information Commissioner’s Office,

Thanks.

But this is a general FoI request - as surely the same rules must apply to all investigators - and not just one?

Because the information you have kindly given doesn't seem to tally with my experience,,whch left me baffled as to how an investigator could state that I had not wanted a DN?

I've put this into review as I want to know the ICO's EXACT process of closing a case. Whether a form is involved for instance because otherwise how would investigators know that a requestor does not require a DN?

Surely there must be some instructional guidance on record for investigators on the specific procedures involved in communicating with requesters when closing a case?

Thank you for your offer to discuss the over the phone but I think that the information might be valuable to the public who might find themselves in similar circumstances.

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Peter Silverman left an annotation ()

I agree with JT Oakley.
The information requested will be of great interest to others who may wish to make a complaint to the ICO.
Peter Silverman
www.cleanhighways.co.uk

Information Commissioner's Office

PROTECT

 

6 January 2014

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your email received 3 January regarding putting your case
into review

My understanding from your email is that you have submitted a case review,
once this is received it will be dealt with by my line manager and they
will be in contact in due course.

I hope this information is helpful to you. If you would like to discuss
this matter further please contact me on my direct number 016125545282, or
alternatively you can contact our Helpline on 0303 123 1113.

In addition, more information about the Information Commissioner's Office
and the legislation we oversee is available on our website at
[1]www.ico.org.uk.

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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

stuart mitchell left an annotation ()

Why do they not just answer the simple question?

Jt Oakley left an annotation ()

Would it be because if it was admitted that there needs to be a Decision Notice on my case..and others ....the ICO would have to explain why it is closing down cases without giving requestors one?

What the ICO seems to have decided is that when a private company working for the NHS is involved in a request ..it is not a matter of Public interest that NHS complainants should read what they have been up to - to stop NHS complainants from furthering their case.

Since there was no mention if any 'public interest test' in the communications, it would appear that the ICO does not recognise that public need to know.

Even though there us a public interest determination under the FoI Act. This seems to be ignored altogether in favour of the 'privacy' of private companies.

That was my case to the ICO...requesting all the internal/ external correspondence - after a health board retained crucial documents. The Ombudsman had upheld my case on NHS negligence and stated that the health boards complaints system was 'one of the worst ever seen'.

In my case, an ICO stakeholder was involved as an advisor,

::

But now the NHS is using more private companies,seemingly it will still not be in the 'public interest' for patients and the families of deceased patients to read all the information.

Now I'm trying to find out why, having accepted the case, the ICO didn't give me a Decision Notice.

I just got a letter stating that they were now investigating my case via DP...where there is NO public interest determination. So I was bound to lose it... Even though, mysteriously, according to the senior officer, it was a 'finely made decision'.

There was no logic as to the why of it given, because as you know, you are kept in the dark about the reasons for a decision ... The secrecy of private companies and government organisations being paramount, making it almost inevitable that requestors cannot appeal to court ...as there is no information given on which to appeal.

:::

However, the ICO has suddenly decided that I am going to get a Decision Notice, after stating that I had agreed that there wouldn't be one... This time under an entirely different case number.

Seemingly because when asked for proof that I stated that I did not want a DN.... the ICO could not provide it,

The case is now being investigated by an advisor to the PHSO, although the PHSO initially didn't apply any public interest test.
Again, it seems the public are hardly ever considered.

Information Commissioner's Office

PROTECT

 

16 January 2014

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

Thank you for your email received 3 January 2014 regarding your request
for information.

You ask for an internal review of your request of 21 October 2013, what
do you know reference- request-181745-558b7615 where you asked: ‘The Legal
ombudsman allows both sides to see the paperwork, why doesn't the ICO?'
You also ask why your original case was closed down without a decision
notice
 
On reflection, it appears that we did not clearly explain to you how we
were handling your original question in your email of 21 October 2013,
what do you know reference- request-181745-558b7615 . Please accept my
apologies for any confusion caused. I have provided a full explanation
below.

Your email of 21 October 2013, what do you know reference-
request-181745-558b7615  was dealt with “as normal course of business”
rather than a formal request under the Freedom of Information Act (FOIA).
As I’m sure you are aware a public authority may be obliged to provide an
individual with recorded information upon receipt of a request for that
information. In your email of…. you asked a question:  ‘The Legal
ombudsman allows both sides to see the paperwork, why doesn't the ICO?'
The ICO did not hold specific recorded information that would answer your
question. Therefore, rather than refusing your FOIA request on the grounds
of ‘information not held’, we decided to answer it as ‘normal course of
business’ and provide you with an explanation of the functions of the ICO
and the Legal Ombudsman in order to illustrate why the Legal ombudsman
allows both sides to see the paperwork and the ICO doesn’t.
 
Because we chose to answer a question rather than refuse a formal FOIA
request, we are unable to provide a decision notice or to conduct a formal
review as detailed in the FOIA.  Having said that, if you believe we have
provided you with a poor service or believe that the information we
provided was incorrect you can request a case review. please follow the
link provided below:
[1]http://ico.org.uk/complaints/satisfied_w...
 
I hope this information is helpful to you. Once again, please accept my
apologies for any confusion. If you would like to discuss this matter
further please contact me on my direct number 016125545282, or
alternatively you can contact our Helpline on 0303 123 1113. 
 

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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://ico.org.uk/complaints/satisfied_w...

Dear Information Commissioner’s Office,

Thank you but my request to you was made after I had been refused information after my FoI request was investigated.

I wanted to establish two things.

If an ICO stakeholder has special privileges in cases that could involve themselves.

And why, there being such a potential case, my request was ended - without any public interest determination taking place - and no DN produced.

You answered my request in that a DN should have been provided. So thank you for that.

My understanding of my case is that I will now get a Decision Notice.

I would hope that this time the ICO examines the FoI request- via a proper public interest determination.

It would seem only just.

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Information Commissioner's Office

PROTECT

 

16 January 2014

 

Case Reference Number ENQ0517967

 

Dear J T Oakley

To confirm one last time, this case was dealt with as an enquiry and not
as a Freedom of Information request therefore no right to an internal
review or decision notice will be issued.

If you are unhappy with the service provided, please complete our case
review form.

Yours sincerely

Matthew Kay
Case Officer
First Contact Group
Information Commissioner's Office
Direct Dial- 01625545282 ext. 5282

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

Dear Information Commissioner’s Office,

This is a FoI method of communication.

If you did not intend to treat it as such, you should have refused the request.

Yours faithfully,

Jt Oakley

casework, Information Commissioner's Office

Thank you for emailing the Information Commissioner's Office (ICO).  This
is an automatic acknowledgement to tell you we have received your email
safely.  Please do not reply to this email.

 If your email was about a new complaint or request for advice it will be
considered by our Customer Contact Department.  One of our case officers
will be in touch as soon as possible. If you have sent us a complaint we
may need specific information from you before we are able to consider it. 
You can find out the type of information we would need from the
[1]complaints section of our website. 

 If your email was about an ongoing case we are dealing with it will be
allocated to the person handling your case.

If your email was about a case you have already submitted, but is yet to
be allocated to one of our case officers your email will be added to your
original correspondence and will be considered when your case is
allocated. Please note that further correspondence may not be viewed until
your case is allocated to a case officer.

 If you require any further assistance please contact our Helpline on
0303 123  1113 or [2]01625 545745 if you prefer to use a national rate
number.

 We will not respond to correspondence where the ICO is copied in. If
you have a matter you would like to discuss with us please call our
Helpline on the number above.

         Thank you for contacting the Information Commissioner's Office

 ICO Customer Contact Department

 

Making a request for information held by the ICO?

For more information about the ICO’s handling of requests for information
please visit our [3]Information about us section of our website.

Equality and Diversity

The Information Commissioner’s Office is committed to providing equality
for all and opposes all forms of unlawful or unfair discrimination. We
have produced a questionnaire to help us to produce a profile of our
customers. The questionnaire can be found on our [4]Equality and Diversity
webpage.

Our newsletter

Details of how to sign up for our quarterly newsletter can be found at
[5]Information Commissioner's Office enewsletter.

Twitter

Find us on Twitter at [6]http://www.twitter.com/ICOnews

 

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. file:///tmp/blocked::http:/www.ico.gov.uk/complaints.aspx
2. file:///tmp/blocked::tel:01625 545745
3. file:///tmp/blocked::http:/www.ico.gov.uk/about_us.aspx
4. file:///tmp/blocked::http:/www.ico.gov.uk/about_us/how_we_work/equality_and_diversity.aspx
5. file:///tmp/blocked::http:/www.ico.gov.uk/tools_and_resources/enewsletter.aspx
6. file:///tmp/blocked::http:/www.twitter.com/ICOnews

Jt Oakley left an annotation ()

Anyone following this should know that the ICO finally issued a Decision Notice. After a year!

The ICO may have denied me one - by mistake - and it may be nothing to do with involvement of an ICO stakeholder in the case.

But because the ICO failed to issue a DN..that meant that I could not pursue my case via a Tribunal. And that is why I wanted to know the regulations meant that the ICO could deny me a DN.

But there lingers the suspicion , from the wriggling around above, that the ICO did not intend to answer my request - as it had failed to provide me with a DN.