Procedures for dealing with FOI requests

Summary

The requester asked for training materials and advice on handling Freedom of Information requests, including specific guidance on refusals and exemptions. The Department of Infrastructure disclosed publicly accessible guidance links and internal training materials but stated that specific advice documents on deflecting requests or extending processing periods were not held.

Key Facts

• The request was received on 2024-05-21 and the outcome was issued on 2024-06-19.
• The authority is the Department of Infrastructure on the Isle of Man.
• Publicly accessible documents such as the FOI Act 2015 and Code of Practice were provided.
• Specific advice on how to deflect or refuse requests was not held by the authority.
• Specific advice on using sections 13 and 14 to extend processing periods was not held.

Data Disclosed

• 2024-05-21
• 2024-06-19
• 3865586
• 2015
• 13
• 14
• 40
• IM1 2RF
• 01624 686785

Original Request

The information which I'm requesting is - 1. Copies of all training and other advice material used by staff of the public authority involved in processing requests for information made under the provisions the Freedom of Information Act 2015 ('the Act'), including, but not limited to - (a) copies of any and all advices on how to deflect or refuse requests for information; and (b) copies of any and all advices on how and/or when to use sections 13 and 14 of the Act to extend the processing period for dealing with requests; and (c) copies of any and all advices on how and/or when to use the provisions of Part 3 of the Act, relating to Absolute Exempt Information; and (d) copies of any and all advices on how and/or when to use the provisions of Part 4 of the Act, relating to Qualified Exempt Information; and (e) copies of any and all advices on how and/or when to use the provisions of section 40 of the Act in relation to Legal professional privilege; and (f) copies of any and all advices on how to determine the public interest when considering requests for information concerning qualified exempt information. 2. Copies of any and all advices on the use of the King's English when responding to requests for information; and 3. Copies of any and all advices on the need to apply salutations , valedictions and signatures to all communications with persons who have requested information, so as to comply with the high standard of customer service which the public authority aspires to in its complaints procedures.

Data Tables (1)

Full Response Text

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

Contact: FOI Response Team Telephone: (01624) 686785 Email: dpo-doi@gov.im

Our ref: 3865586 17 June 2024

Dear ###

We write further to your request, received 21 May 2024, which states:

"The information which I'm requesting is -

1. Copies of all training and other advice material used by staff of the public authority involved in processing requests for information made under the provisions the Freedom of Information Act 2015 ('the Act'), including, but not limited to -

(a) copies of any and all advices on how to deflect or refuse requests for information; and

(b) copies of any and all advices on how and/or when to use sections 13 and 14 of the Act to extend the processing period for dealing with requests; and

(c) copies of any and all advices on how and/or when to use the provisions of Part 3 of the Act, relating to Absolute Exempt Information; and

(d) copies of any and all advices on how and/or when to use the provisions of Part 4 of the Act, relating to Qualified Exempt Information; and

(e) copies of any and all advices on how and/or when to use the provisions of section 40 of the Act in relation to Legal professional privilege; and

(f) copies of any and all advices on how to determine the public interest when considering requests for information concerning qualified exempt information.

1. Copies of any and all advices on the use of the King's English when responding to requests for information; and

2. Copies of any and all advices on the need to apply salutations , valedictions and signatures to all communications with
   persons who have requested information, so as to comply with the high standard of customer service which the public authority aspires to in its complaints procedures."

While our aim is to provide information whenever possible, in this instance the public authority does not hold or cannot, after taking reasonable steps to do so, find some of

the information that you have requested. We have detailed the information being released to you below:

1. Copies of all training and other advice material used by staff of the public authority involved in processing requests for information made under the provisions the Freedom of Information Act 2015 ('the Act'), including, but not limited to -

Response: Information held and partially publicly accessible.

As there is no timeframe provided in the initial request, we have provided the following information with the current training materials that are utilised by our FOI Co- ordinators.
Our team use the following publicly accessible documents/ links in the carrying out of their duties:
Freedom of Information Act 2015: https://legislation.gov.im/cms/legislation/acts-of- tynwald-as-enacted/20-acts-of-tynwald-as-enacted-primary- 2015.html?download=240:freedom-of-information-act-2015

Freedom of Information Code of Practice: https://www.gov.im/media/1358113/foia- code-of-practice.pdf

Guidance for public authorities: https://www.gov.im/about-the-government/freedom- of-information/guidance-for-public-authorities/

Guide to managing an FOI request: https://ico.org.uk/for-organisations/foi/guide-to- managing-an-foi-request/introduction/

Flowchart of Request Handling Under FOIA: https://ico.org.uk/media/for- organisations/documents/1167/flowchart_of_request_handling_under_foia.pdf

Please see Appendix 1 for copies of our training materials in relation to handling Freedom of Information Requests

(a) copies of any and all advices on how to deflect or refuse requests for information; and

Response: Information not held.

(b) copies of any and all advices on how and/or when to use sections 13 and 14 of the Act to extend the processing period for dealing with requests; and

Response: Information not held.

(c) copies of any and all advices on how and/or when to use the provisions of Part 3 of the Act, relating to Absolute Exempt Information; and

Response: Information not held

(d) copies of any and all advices on how and/or when to use the provisions of Part 4 of the Act, relating to Qualified Exempt Information; and

Response: Information held.

Please see appendix 1 which contains advice received in relation to the application of exemptions to FOI case.

(e) copies of any and all advices on how and/or when to use the provisions of section 40 of the Act in relation to Legal professional privilege; and

Response: Information not held.

(f) copies of any and all advices on how to determine the public interest when considering requests for information concerning qualified exempt information

Response: Information not held.

1. Copies of any and all advices on the use of the King's English when responding to requests for information

Response: Information not held.

1. Copies of any and all advices on the need to apply salutations, valedictions and signatures to all communications with persons who have requested information, so as to comply with the high standard of customer service which the public authority aspires to in its complaints procedures.

Response: Information not held.

Please quote the reference number 3865586 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.

Jessie FOI Response Team