FOI Appeals Policy

Version 2: 01 January 2009
Review date: 01 January 2010

Section 12 of the Section 45 Code of Practice of the Freedom of Information Act (FOI) places a duty on public authorities to put a complaints process in place to ensure that applicants are able to ask the public authority for an internal review if they are not content with the public authority's decision on release of information. This provides a first review stage for the applicants. Applicants may be unhappy with the treatment they have received if, for example:

  • their application was not dealt with within the 20 working days timescale
  • they did not receive all of the information requested
  • they feel that exemptions have been wrongly applied
  • they feel that a fee has been wrongly charged

Application of policy

Internal review

If JISC refuse to supply the information requested, or the applicant is dissatisfied with our response, or feels that a fee may have been wrongly charged they may seek an internal review of that decision.

  • The review will be commissioned by the JISC Executive Secretary involving people who will not previously been involved with the handling of the initial request
  • If the applicant has not received a response from JISC within 20 working days of receipt of their initial application, it may be regarded by the Information Commissioner as amounting to a refusal to the request to provide the information. In this case the applicant can proceed to an internal review
  • All internal reviews must consider the information released against the information requested and make a full review of the information associated with the original application
  • The internal reviewer(s) will discuss the decisions made with the staff member, or members, who dealt with the original application in order to build a full picture as to how decisions were made
  • The internal reviewer(s) may, at their own discretion, contact the applicant where it is considered necessary to do so
  • The internal reviewer(s) may obtain advice from other relevant sources, including legal advice
  • After the review has been concluded, the conclusions will be bought to the attention of the FOI Officer who will record and act upon any lessons arising from the work undertaken
  • The applicant will be fully informed of the outcome of the internal review
  • Full records will be kept on the progress of the review and any outcomes as a result of the review. This will assist in any further investigations by the Information Commissioner
  • An internal review must normally be completed before an appeal may be made to the Information Commissioner
  • JISC will aim to deal with simple issues within 2-3 weeks of receiving the complaint
  • JISC will aim to deal complex reviews - in particular where it is necessary to reconsider the public interest test - within 6 weeks of receiving the complaint
  • If it becomes clear at any stage of the internal review that JISC will not be able to meet the deadline set, JISC will inform the applicant by the deadline date and give a revised deadline by which we will respond.

An internal review can have three outcomes:

  • The original decision is reversed
  • The original decision is amended or
  • The original decision is upheld

Whatever the outcome, the FOI Officer will be responsible for communicating the decision to the applicant and ensuring the relevant agreed action is taken.

Where the original decision is reversed the applicant must be advised, and made aware of when they can expect the information originally requested to be provided to them.

Where the original decision is amended, the applicant must be advised, and made aware of how the decision affects their original information request.

Where the original decision is upheld, and the internal review finds in favour of JISC the applicant must be made aware of their further rights of appeal to the Information Commissioners Office. Full contact details for the Information Commissioners Office will be provided to the applicant.

Irrespective of the outcome of the internal review, JISC will ensure that the final outcome of the review is recorded.

Requests for internal review should be submitted in writing in the first instance to Lisa Wollacott

Review by the Information Commissioner

Requests for a review by the Information Commissioner should be made in writing to:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel 01625 545700
Fax 01625 524510

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