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Freedom Of Information - Documents

From: Ellen Beasley <Ellen.Beasley@ico.gsi.gov.uk>
To: Mr Andrews <andrews_mr@ymail.com>
Cc: casework <casework@ico.gsi.gov.uk>
Sent: Tue, 3 August, 2010 15:26:42
Subject: Complaint against LB Hillingdon [Ref. FS50296356]

Dear Mr Andrews
Thank you for your email regarding the Decision Notice against LB Hillingdon; again, please accept my apologies for the delay in issuing this.
Decision Notices formalise the Commissioner’s view on a particular complaint. In this case, because LB Hillingdon eventually complied with the requirements of the Act, there is no further action that the Commissioner can require it to take in relation to your particular request. The DN records a breach of section 10 of the Act, which sets out the statutory time limit for responding to a request. As you are aware, this is twenty working days.
However, the Commissioner is aware of issues relating to LB Hillingdon’s compliance with the Act and currently there is an open enforcement case regarding this.  I note that my colleague Bernard McNally informed you on 3 March 2010 that this case had been referred to our Good Practice and Enforcement department. I have spoken to this department today and can confirm that they are currently monitoring LB Hillingdon’s section 10 performance over a 3 month period, which begins at the end of this month.  This will involve looking at all the requests received by the Council, and the time taken to respond. If the Council demonstrates a satisfactory rate of compliance during this period the enforcement case will be closed and no further action taken.  However, evidence of repeated or severe delays in responding to requests might prompt further action.
The ICO has recently introduced a new FOI Regulatory Action Policy, which sets out the Commissioner’s approach to regulatory action and the actions that he can take. I have attached a copy here.
I hope that this information is helpful. If you would like to discuss the case, please feel free to email or call me. My direct line is 01625 545 351.
Yours sincerely
Ellen Beasley
Ellen Beasley      Case Officer - Complaints Resolution
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
T. 01625 545 351 F. 01625 524519 www.ico.gov.uk