11 Comments

Thank you.

In fact, the tribunal case was first against the ICO, as it upheld the MHRA original refusal.

The MHRA, as expected, has decided to join as second respondent in the tribunal case due to its interest in the matter.

Incidentally, the tribunal solicitation of a response from ICO and MHRA has not been satisfied yet, three weeks on. Or four? I have lost count.

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I follow a few folks who post their FOIA requests on this site. Have you ever heard of it?

https://www.whatdotheyknow.com/user/joel_smalley#foi_requests

I'm in USA so our FOIA process is different. But I enjoy reading the responses from the UK Govt... what a scam this whole nightmare has been.

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Yes, thank you MN, aware of WhatDoTheyKnow. Used it before. You might find some of my FOIs there. Yes, great to follow others.

In the end, I had several FOIs for several different organisations, and I decided to manage them in my cloud with a document manager. I can track replies due dates, etc.

I believe in the US you have a more advanced free software for FOI management.

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Get the ICO involved - I did in my battles with the MHRA and the Innova/DHSC LFD tests and the ICO forced them to release a document they claimed not to have.

https://awkwardgit.substack.com/p/let-me-tell-you-a-story-about-lfts

https://awkwardgit.substack.com/p/the-lft-saga-continues

https://awkwardgit.substack.com/p/the-ico-agreed-with-me-and-forced

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Interesting - I have also started sending FOI requests to MHRA. Not got much out of them so far, but it's early days yet.

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If they fob you off with a justification that seems unreasonable, ask for an internal review.

When they uphold the original decision, escalate to Information Commissioner's Office.

If they fob you off, too, ask for an internal review.

When they uphold that (as they will), it is time for First-tier Tribunal.

Just be reasonable, and patient ;-)

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I never knew a FOI could be escalated to the FTT. Whether they have any teeth remains to be seen!

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They can indeed.

Also, appeals against decisions of the First Tier Tribunal are heard in the Upper Tribunal.

Appeals against decisions of the Upper Tribunal are heard in the Court of Appeal.

My view is that, if you have reasonable motive to reject a decision at any stage, escalation is due, without risking to appear to be misusing the system.

Often, like in this case, the disputed facts are about the application of qualified exemptions raised by the respondent, that is, the ICO often in conjunction with the agency to which the original FOI was made.

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Have you seen this site? Pretty cool:

https://www.whatdotheyknow.com/user/joel_smalley#foi_requests

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I will look at your links. Thank you so much.

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