FOIA complaints backlog - 12 weeks minimum delays at the Information Commissioner's Office

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The Information Commissioner's Office is still overloaded with a backlog of Freedom of Information Act complaints.

They still have not allocated a Case Officer to the complaint about the Home Office and their refusal to disclose the geographic or time / date details about where and when the supposedly temporary, strictly time and location limited Terrorism Act 2000 Section 44 stop and search Authorisations are, or are not, in effect.

Please accept my apologies for the delays you will experience prior to this case being allocated. I will write to you again every twelve weeks to inform you of the status of your complaint in relation to Team 2's queue and we will notify you when a case worker is assigned to it.

This means that they assume that there is now going to be a minimum 12 week delay before they even start looking into the details of the complaint.

This is not acceptable - it is over 3 years now since the Freedom of Information Act 2000 came fully into force, and the number of actual FOIA requests being made has gone down since then.

See also these Parliamentary Written Answers on the backlog of cases at the ICO

Commons Hansard - Written Answers - 14 May 2008 : Column 1571W


[...]

At 31 March 2008, the number of cases awaiting investigation by the Information Commissioner were 1,363 for freedom of information casework and 1,237 for data protection casework.

Additionally, due to the volume of cases referred to the Information Commissioner under data protection, there were 2,250 cases awaiting classification as at 31 March 2008. Of these cases, it is estimated that approximately 60 per cent. would be resolved within 30 calendar days and 85 per cent. within 90 calendar days.

[...]

Between April 2007 and March 2008 the average length of time from receipt to commencement of investigation was 69 days for the Freedom of Information Act cases and 30 days for Data Protection Act cases. The average length of time to close an investigation once commenced, was 182 days from for Freedom of Information Act cases and 45 days for Data Protection Act cases.

These disproportionate delays, both by Central Government Departments and by the Information Commissioner's Office etc. are make a mockery of any claims that the Freedom of Information Act has somehow lead to any effective change towards public transparency and openness in the British bureaucratic state

Email from the ICO:

From: FOI-Enquiries@ico.gsi.gov.uk
To: [email address]
Date: Thu, 15 May 2008


* Party Name

15th May 2008

CASE REFERENCE NUMBER FSnnnnnnnn

Dear [name]

I am writing from the Information Commissioner's Office about the complaint that you have made against the Home Office.

I am writing on behalf of the Education, Justice and Police Team [Team 2] to inform you that regretfully your case is still waiting to be allocated to a case officer. Until your case is allocated we are not able to provide any substantive information about the progress or content of your case.

The office has been dealing with a very high volume of complaints since January 2005. This has created a significant back log of cases which are being addressed as quickly as possible, though in many instances resolving those cases is proving to be a very lengthy process. We appreciate that this situation is both undesirable and extremely frustrating. However, we would like to assure you that every possible effort is being made to alleviate the delays and we will allocate your case once it gets to the front of our queue.

Please accept my apologies for the delays you will experience prior to this case being allocated. I will write to you again every twelve weeks to inform you of the status of your complaint in relation to Team 2's queue and we will notify you when a case worker is assigned to it.

You can respond by writing to the address below or by email to mail@ico.gsi.gov.uk[1] quoting reference FSnnnnnnnn.

Yours sincerely
David McNeil - Complaints Officer

(Team 2 - Education, Justice and Police.)
Yours sincerely
____________________________________________________________________

If you are not the intended recipient of this e-mail (and any attachment), please inform the sender by return e-mail and destroy all copies. Unauthorised access, use, disclosure, storage or copying is not permitted.

Communication by Internet e-mail is not secure as messages can be intercepted and read by someone else. Therefore we strongly advise
you not to e-mail any information which if disclosed to unrelated third parties would be likely to cause you distress If you have an enquiry of this nature please provide a postal address to allow us to communicate with you in a more secure way. If you want us to respond by e-mail you must realise that there can be no guarantee of privacy.

Any e-mail including its content may be monitored and used by the Information Commissioner's Office for reasons of security and for monitoring internal compliance with the office policy on staff use. This includes the content of e-mails. E-mail monitoring / blocking software may also be used. Please be aware that you have a responsibility to ensure that any e-mail you write or forward is within the bounds of the law.

The Information Commissioner's office cannot guarantee that this message or any attachment is virus free or has not been intercepted and mended and you should perform your own virus checks.

____________________________________________________________________

http://www.ico.gov.uk[2] or e-mail: mail@ico.gsi.gov.uk
Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510
The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2007/11/0032.)

On leaving the GSi this email was certified virus free.

Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

Links:
------
[1] mailto:operationssupport@ico.gsi.gov.uk
[2] http://www.ico.gov.uk/

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This United Kingdom based blog has been spawned from Spy Blog, and is meant to provide a place to track our Freedom of Information Act 2000 requests to United Kingdom Government and other Public Authorities.

If you have suggestions for other FOIA requests,  bearing in mind the large list of exemptions, then email them to us, or use the comments facility on this blog, and we will see  what we can do, without you yourself having to come under the direct scrutiny of  "Sir Humphrey Appleby" or his minions.

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Freedom of Information pages - Department for Constitutional Affairs

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UK Government Information Asset Register - in theory, this should point you to the correct Government documents, but in practice...well see for yourself.

Access all Information is also logging some FOIA requests

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Blog Links

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UK Freedom of Information Act Blog - started by Steve Wood, now handed over to Katherine Gundersen

Your Right To Know - Heather Brooke

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Open Secrets - a blog about freedom of information by BBC journalist Martin Rosenbaum

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