11 Comments
author
Nov 2, 2022·edited Nov 2, 2022Author

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.

Expand full comment
Nov 9, 2022Liked by The Raven Nurse

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.

Expand full comment
author

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.

Expand full comment

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

Expand full comment
Nov 2, 2022Liked by The Raven Nurse

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

Expand full comment
author

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 ;-)

Expand full comment
Dec 30, 2022Liked by The Raven Nurse

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

Expand full comment
author

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.

Expand full comment
Nov 9, 2022Liked by The Raven Nurse

Have you seen this site? Pretty cool:

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

Expand full comment
author

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

Expand full comment