Freedom of Information - Appeals

If you feel we have not dealt with your Freedom of Information or Environmental Information Regulations request satisfactorily, you may initially complain to us and then to the Information Commissioner's Office.

• What can be complained about?
• The complaints process
• Outcome
• Timescale
• Contact details
• Information Commissioner
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  What can be complained about?

  
  You may complain if you feel we have failed to:

  1. provide the requested information
  2. respond to your request within 20 working days (or fail to explain why longer than 20 working days is needed)
  3. give proper advice and assistance
  4. give information in the format in which you requested it
  5. properly explain the reasons for refusing the request
  6. correctly apply an exemption under the Act
  7. comply with our Publication Scheme.

  
  The complaints process

  
  You should send us your complaint or internal review request within 2 months of our response. We will acknowledge your complaint within 3 working days.
  
  The internal review is to enable the council to resolve complaints received from complainants fairly and impartially and may result in previously taken decisions being either reversed or amended.
  
  Therefore, in conducting the internal review we will consider whether:

  1. the Freedom of Information Act and Environmental Information Regulations have been properly applied
  2. the information requested genuinely fall within the exemption(s) cited in the earlier response sent to you
  3. there have been any developments since the original response that should alter the review approach
  4. any weight should be given to any additional points made by you when registering the complaint
  5. it is possible to provide any further information to you. For example, can we redact documents to remove sensitive information and enable their release, or can we provide any alternative information that will help you?
  6. there is a public interest in overriding the relevant exemption and permitting disclosure
  7. there are any lessons for handling future requests/complaints?

  
  Outcome

  
  The three possible outcomes of the review will be:

  • the original decision is upheld; or
  • the original decision is reversed; or
  • the original decision is modified.

  
  

  What to do next:

  
  

  1. If the original decision is upheld, we will notify you in writing and advise you of your right to appeal further to the Information Commissioner.
  2. Where the original decision has been reversed or modified, we will update our initial response and send you any relevant information.
  3. If the outcome of the review is to release some of the information requested, but not all of it, we will advise you of your right to of appeal to the Information Commissioner.

  
  Timescale

  
  There is no statutory time limit for dealing with internal reviews and it will depend on the complexity of the complaint. However, as much as possible the council's target time limit will be 20 working days. We will advise you if we think more time is needed. In any event, we aim to complete all reviews within 40 working days.

  
  

  Contact details

  
  Please send your complaint/request for a review to:
  
  Information Governance
  Newham Dockside
  3rd Floor East
  1000 Dockside Road, London E16 2QU
  Phone 020 430 3737 or Fax: 02084301504
  Email: information.governanace@newham.gov.uk

  
  

  Information Commissioner

  
  The Information Commissioner would expect you to have given the council the opportunity to deal with your appeal prior to you contacting them. The Commissioner's office contact details are:
  
  Information Commissioner's Office
  Wycliffe House Water Lane
  Wilmslow Cheshire
  SK9 5AF
  
  Phone: 01625 545700
  Fax 01625 524 510
  Website: www.informationcommissioner.gov.uk.

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