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Provide a Freedom of Information request system for your jurisdiction
https://alaveteli.org
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Update advice shown on overdue requests relating to when to make a referral to the ICO #6950

Open RichardTaylor opened 2 years ago

RichardTaylor commented 2 years ago

A long overdue request classified "awaiting response" carries a notice of the following form:

Response to this request is long overdue. By law, under all circumstances, Department for Business, Energy and Industrial Strategy should have responded by now (details). You can complain by requesting an internal review.

In fact our current advice in this situation - where no substantive response has been forthcoming and the deadline has passed - is that a referral to the ICO can be made without requesting an internal review.

We say:

If you didn’t get a reply within 20 working days you can:

Refer your request to the Information Commissioner.

at https://www.whatdotheyknow.com/help/unhappy

The text we show for overdue (but not long overdue) requests should be considered too.

RichardTaylor commented 2 years ago

The text for a delayed response is of the form:

Response to this request is delayed. By law, Ministry of Justice should normally have responded promptly and by 30 March 2022 (details)

That doesn't contain any inconsistent advice, but we could be stronger in what we say there.