FOI request not dealt with correctly - advice?

S

stymied!

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I believe an FOI request (Freedom of information) from an employee was not dealt with in a complete and proper manner.


Where can one get advice on whether or not it was conducted correctly? Seeking clarification from the civil service department involved is not an option.

Thank you.
 
You have to ask for an internal review first and pay a fee. If you are not happy with that you can appeal to the information commissioner.
 
Thank you Time.

The period for internal review has expired. Also, the Department concerned is inclined to ignore or respond far too late.(normal behavior - tactics).

So advice from a source outside the Department is required.

thank you.
 
The period for internal review has expired.
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Then you have no cause to go to the information commissioner if no internal review was sought unless a fresh FOI request is made. You have to go through the motions of the process as much as it might frustrate you.

You have to follow the regulations as much as the department must. Deviating from the se procedure does your case no good.
 
thank you - good to know.

Does the schedule of documents show ALL the documents considered for release under FOI?

Lots of documents/communications are not on the schedule - and i know they exist, and reference is made to some of them in the documents which were released,but these 'missing' docs do not reflect favourably on the Department -which is why they may not be on the schedule.

All the documents listed on the schedule were released in full.

Thank you.
 
They should be all listed including those refused.

I would recommend making a fresh FOI request referencing those unlisted documents explicitly and then go through the motions of internal review and the information commissioner.
 
The most important thing when sending in an FOI is to ensure you ask for EVERYTHING. You may think you are but they find ways to wriggle around the wording. When requesting the info ask for "all manner of records as defined in the Acts, including without limitation, all memorandums, attendances, reports, draft reports, emails, briefing documents etc".

When the deadline is up ring them that day and ask if it is being put in the post. If not, then put in an appeal straightaway. It will cost you another €75 but it's bumped up to another person who must review it. If they don't release the info go to the Commissioner who are very very helpful. Unlike most civil servants they actively try to get the info out there and are likely to force it to be released.

Good luck
 
I was involved in a 2 prong request from A now defunct or nearly defunct state body, my request was identical to a colleagues and went in 1 week later.
Different people where assigned to respond from the sate body, his came back fairly full and detailed, my bundle of material had more black marker covering every relevant piece if detail we wanted. , just an other approach.
 
stymied! said:
thank you - good to know.

Does the schedule of documents show ALL the documents considered for release under FOI?

Lots of documents/communications are not on the schedule - and i know they exist, and reference is made to some of them in the documents which were released,but these 'missing' docs do not reflect favourably on the Department -which is why they may not be on the schedule.

All the documents listed on the schedule were released in full.

Thank you.
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Only documents that the person dealing with the FOI regards as relevant to the request will be listed in the schedule. They may have interpreted your request differently to how you intended.

The fact that they were cross-referenced in the released documents would imply that they should have been included in the Schedule, though again it all depends on the wording of your request.
 
aaa1 said:
The most important thing when sending in an FOI is to ensure you ask for EVERYTHING. You may think you are but they find ways to wriggle around the wording. When requesting the info ask for "all manner of records as defined in the Acts, including without limitation, all memorandums, attendances, reports, draft reports, emails, briefing documents etc".

When the deadline is up ring them that day and ask if it is being put in the post. If not, then put in an appeal straightaway. It will cost you another €75 but it's bumped up to another person who must review it. If they don't release the info go to the Commissioner who are very very helpful. Unlike most civil servants they actively try to get the info out there and are likely to force it to be released.

Good luck
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If you ask for EVERYTHING your request can be denied due being too voluminous. The OP's appeal should be initiated straight away.
 
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