This procedure applies to information request responses issued under the Environmental Information Regulations 2004 (EIR) and the Freedom of Information Act 2000 (FOIA).
The EIR is the only legislation that requires a review procedure.
The FOIA does not contain a similar review requirement, but we conduct internal reviews in line with the best practice guidance at section 5 of the FOIA code of practice. Internal reviews are conducted in the same way irrespective of whether a request response was issued under FOIA or EIR.
This procedure is for people who have received an information request response from us and want to challenge the outcome or handling of it. It explains what to expect when an internal review is requested and the options available should you remain unhappy following a review outcome. This procedure is not for people wishing to raise general complaints.
A request for internal review should be submitted to informationgovernance@wealden.gov.uk quoting the relevant reference number, within 40 working days of the initial request response being issued. The review process is usually triggered by an expression of dissatisfaction with the outcome of a request.
A request for a review may involve:
- A request for a review of a decision to withhold information;
- A complaint about the handling of a request for information;
- A complaint about the Council’s publication scheme.
You should submit any representations that you may have detailing the reasons why you are dissatisfied with our response for the reviewer to consider. The Council may ask for clarification if the basis of your request for internal review is unclear.
When a request for internal review is received it will be acknowledged within 5 working days.
We will aim to respond to an internal review within 20 working days after the date of receipt. However, if we require clarification, the timescale to respond will not start until the clarification is received.
If we require more time to complete an internal review, for instance, if it is complex or requires consultation with third parties, the deadline for our response can be extended by an additional 20 working days. If this is necessary, we will write to you and provide you with a reasonable target date for response.
The internal review will be conducted by a reviewer with an appropriate level of seniority and expertise. This will not be the person who took decisions on the original request response. The reviewer will consider the representations and evidence contained in the request for internal review together with the original response, decisions taken in relation to the legislation, including whether exemptions have been correctly applied.
We will communicate the internal review outcome to you. It will state whether or not we consider our response complied with the legislation.
Depending on the nature of the internal review, this may include consideration of how the request was handled and the initial response, whether the relevant information was identified, and whether we wish to uphold the original exemptions or whether we wish to apply a different, or additional, exemption(s).
If we decide to provide you with information which was previously withheld then we will usually supply it at the same time as the internal review outcome, or notify you when it will be provided. We will also use findings as a result of our internal reviews to help identify where any improvements can be made and implement them where necessary.
If the outcome of the internal review fails to resolve matters, you have the right to escalate your complaint to the Information Commissioners Office (ICO)
or write to:
The Information Commissioner,
Wycliffe House,
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel No: 0303 123 1113