Application Form

Summary

The applicant requested confirmation on whether the Chief Secretary approved the Freedom of Information form used by Douglas Corporation and why it differs from the standard computerised form. The Cabinet Office confirmed the form is approved but warned the applicant that their high volume of requests may be considered vexatious under the Freedom of Information Act 2015.

Key Facts

• Douglas Borough Council is a separate public authority responsible for its own compliance with the Freedom of Information Act 2015.
• The form used by Douglas Borough Council has been approved by the Chief Secretary.
• The applicant has submitted 18 Freedom of Information Requests to the Cabinet Office since 1 January 2019.
• The authority warned that future requests may be refused if they are deemed vexatious, malicious, or lacking in substance.
• The applicant was advised to aim for one question per request to avoid burdening the authority.

Data Disclosed

• 1027829
• 2019-11-04
• 2019-11-25
• 25 November 2019
• 4 November 2019
• 1 January 2019
• 18
• section 11(3)(d)
• IM1 3PN
• 01624 686244

Exemptions Cited

• Section 11(3)(d) of the Freedom of Information Act 2015 (vexatious, malicious, frivolous, misconceived or lacking in substance)

Original Request

Has the Chief secretary approved the form and process as required by the Act as it relates to Douglas Corporation Can you advise why Douglas Corporation are not required to use the standard computerised form as all others Do?

Data Tables (1)

Data Tables (reformatted)

Full Response Text

Government Office Douglas Isle of Man IM1 3PN Telephone: (+44) 01624 686244 Website: www.gov.im/co

Our ref: 1027829 25 November 2019

Dear ###

We write further to your request received on 4 November 2019 which states:

"Has the Chief secretary approved the form and process as required by the Act as it relates to Douglas Corporation Can you advise why Douglas Corporation are not required to use the standard computerised form as all others Do?"

Douglas Borough Council is a separate public authority and responsible for its own compliance with the Freedom of Information Act 2015. The form used by Douglas Borough Council is the form approved by the Chief Secretary.

Burden of Requests – Warning One of the practical refusal reasons defined by section 11(3)(d) of the Freedom of Information Act 2015 is that a public authority may refuse to supply information requested is “…vexatious, malicious, frivolous, misconceived or lacking in substance;” The Council of Ministers Code of Practice of Freedom of Information provides details of indicators when requests may be considered vexatious. Burden on an Authority The effort required to meet the request will be disproportionate in terms of the strain on time and resources, that an Authority cannot reasonably be expected to comply, no matter how legitimate the subject matter or valid the intentions of the Applicant. Frequent or overlapping requests The Applicant submits frequent correspondence about the same issue or sends in new requests before an Authority has had an opportunity to address their earlier enquiries. The freedom of information section of the Isle of Man Government’s website states: “Aim for one question per request. Asking for lots of different information within one request can make it difficult to understand what you are really requesting.” The Information Commissioner’s website states that “requests which are too vague or too wide-ranging might lead to a response taking longer, or might mean unnecessary work and expense for the authority as staff look for information that you don't really want.”

Our records show that, from 1 January 2019 you have submitted 18 Freedom of Information Requests to the Cabinet Office, with many of the requests having multiple parts or questions. Many of these requests have required subsequent clarification on the information requested. Please be mindful of the burden on the Cabinet Office when making future requests and be mindful that future requests maybe refused on the basis described above. Please quote the reference number 1027829 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi. I will now close your request as of this date.

Yours sincerely