Background
This complaints procedure has been developed in accordance with the Secretary of State for Constitutional Affairs' Code of Practice on the discharge of public authorities' functions under Part I of the FOIA 2000 Issued under Section 45 of the Act.
How do I make a complaint?
If you are not happy with how we have handled a freedom of information request please contact the IG Team immediately. Please see our Contact Us page for our details.
Procedure for handling complaints
Timescales
Under FOIA there is no time limit for a complainant to submit a request for a review of the Trust's decision or procedures in relation to his or her request. However, under the EIR the complainant must have requested the internal review within 40 working days of the alleged failure to comply.
For FOIA complaints, all internal reviews should aim to be completed within 20 working days. If the Trust estimates it may take longer, the IG Team must inform the applicant of the delay and provide a target date for a decision. Under EIR, internal reviews must be completed within 40 working days on receipt of a complaint.
If a complaint is regarding procedure eg the Trust did not respond to a request within 20 working days, the IG Team will inform the relevant department which originally provided the information. The department should then take appropriate steps to prevent similar errors occurring in the future.
Complaints to the Information Commissioner
A complainant is entitled to contact the Information Commissioner once the Trust's FOIA Complaints Procedure has been exhausted.
If a person makes a complaint in respect of the Publication Scheme the Information Commissioner may investigate the matter at his or her discretion, but will not make a decision under Section 50 of the Act as described below.
If a person makes a complaint in respect of a request under the Act's 'general right of access', the Information Commissioner will consider the application under Section 50 of the Act. Where the Information Commissioner receives such a complaint, he or she could:
- Notify the complainant that he or she has not made any decision and of his or her grounds for not doing so eg undue delay in making the complaint, frivolous or vexatious complaints.
- Issue the Trust with a 'decision notice' which specifies the steps which must be taken by the Trust to comply with the requirement (including the timescale for completion).
There is a right of appeal regarding the Information Commissioner's decision.