When the response doesn’t come: dealing with FOI requests that haven’t received an answer

We’ve previously written about how best to proceed when an FOI request has been refused, but when there isn’t a response at all   that’s a slightly different problem. However, up until now, we’ve treated both in the same way. We’ve now made some changes to reflect the difference.

If you do receive a response, but feel it’s inadequate or that your request has been wrongly refused, there are two ways of contesting the outcome. The first is to ask for an internal review, where the request is reassessed inside the same authority (by a different team or person). The second is to appeal to the Information Commissioner’s Office (ICO).

To reflect this, our approach when providing prompts to WhatDoTheyKnow users has been an escalation ladder — suggesting people request an internal review, and then appeal to the ICO if still dissatisfied. However,  as we learned when talking to the ICO earlier in the year, that this isn’t always the fastest route to getting a response.

An internal review is useful when disagreeing with a decision, but when the issue is that the statutory deadline for a response has passed, and follow-up messages haven’t been answered — a situation our colleagues at Access Info aptly refer to as ‘administrative silence’ — it can be better to complain directly to the ICO.

According to the statutory code of practice, a public body may take up to 20 working days to undertake a review, and so this route is likely to result in further delay, whereas an intervention by the ICO may have a faster result.

So when a request is overdue, our email prompt will no longer suggest that users might want to seek an internal review, but instead we suggest sending a follow-up message to the authority and note that they can appeal directly to the ICO.

However, if you have an issue with the actual decision of a request (for instance, disputing an exemption applied), internal review is the correct first port of call — and in a surprising amount of cases can be very successful. While we don’t have figures covering all kinds of authorities, for requests made to central government, 22% of internal reviews resulted in some change to the original decision (and 9% were completely overturned) and for local government this figure is between 36-49%.

Both internal reviews and appeals to the ICO can be effective methods at redressing disputes around Freedom of Information requests, but it is important to consider which is the right tool for the situation.

Image: Ümit Bulut

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