Applicants may seek an internal review if they are dissatisfied with the House's initial response by contacting the Freedom of Information Officer at foicommons@parliament.uk. 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. The Freedom of Information Act does not stipulate a time limit for completion of an internal review, but the House of Commons aims to deal with reviews within a reasonable timeframe. The House usually completes reviews within 20 working days from the date of the request for review. However, in some cases, it may be reasonable to take longer. In these circumstances, the requester will be notified. The total time taken for review is usually within 40 working days.
Applying for an internal review
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 usually 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 in disclosure and determine whether the information should be disclosed.
As set out in the Ministry of Justice procedural guidance, 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. Useful procedural guidance and advice on the application of the exemption scan be obtained from:
The internal reviewer sets out their decision in the form of a document outlining their conclusions and recommendations. Following management approval, the outcome of the review is communicated to the applicant.
On completion of the review, records relating to the review are returned to the IRIS Unit. They are retained in order to assist in any investigation by the Information Commissioner.
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 First tier Tribunal (Information Rights) (external website) and the option of appeal to the Upper.