Applying for an internal review
Applicants may seek an internal review if they are dissatisfied with the House's initial response by contacting the FoI Officer. An internal review must normally be completed before an appeal may be made to the Information Commissioner. Applicants should specify the nature of their complaint and set out any arguments or points that they wish to taken into consideration. There is no statutory deadline for completion of an internal review, although the House of Commons normally completes reviews within 30 working days.
The review process
On receipt, the request for internal review will be acknowledged before it is assigned to one of a panel of reviewers, who are mainly senior members of staff. The FoI Officer will provide the reviewer with a summary and details of the original handling of the request. The job of the internal reviewer is threefold:
- to assess whether the House has complied with its responsibilities under the FoIA, including timeliness and the duty to advise and assist
- to consider the information released against the information requested and make a full review of the papers associated with the original application, if appropriate, discussing the decisions with staff who dealt with the initial application
- to re-consider any public interest (PDF 52 KB) in disclosure and determine whether the information should be disclosed
As set out in the Information Commissioner Office’s guidance (PDF 96KB), internal reviews constitute a fresh inquiry into the request, rather than taking as a starting point the decision already reached and submitting it to a test of reasonableness. Reviews are also undertaken in the light of the general presumption in the FoIA in favour of release of information. The Department for Constitutional Affairs/ Ministry of Justice and the Information Commissioner websites offer useful procedural guidance and advice on the application of the exemptions.
On completion of the review, records relating to the review are returned to the FoI Unit. They are retained in order to assist in any investigation by the Information Commissioner. The internal reviewer sets out their decision in the form of a report which is sent to the FoI Officer. This is distilled into a decision notice and, following management approval, should this be required, communicated to the applicant.
Appeals to the Information Commissioner
If, following the internal review, an applicant remains dissatisfied with the House's treatment of the request then they may appeal the decision to the Information Commissioner. The FoI Officer is the point of contact with the Information Commissioner's Office and is responsible for advising senior management on Information Commissioner decisions. An appeal to the Information Commissioner should be made in writing directly to:
Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Both the House and the applicant may appeal a decision by the Information Commissioner to the Information Tribunal. A case may then be appealed to the High Court on a point of law.
Related links:
Dealing with a request
Additional guidance and standard letters