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A Freedom of Expression foray: Attachment 08
By Albert Moisiu Dec 2009

HOMEPAGE  Madeleine Beth McCann A Mystery Story ASSORTED LINKS
ALBYM GRAPHIC DESIGN Appendix 8 of A Freedom of Expression foray PDF FILE: A Freedom of Expression

Appendix 08

ICO Ref: FS50256736

PA Ref: 10041

By email: x@x
5 November 2009

ICO Ref:FS50256736
PA Ref: 10041

Dear Mr Moisiu,

Complaint about the Home Office

I write further to your complaint concerning the failure of the Home Office to review its refusal of your information request of 11 August 2008.

Following the involvement of this office, I understand that Mr L of the Home Office has now provided you with correspondence informing you of the outcome of its internal review. Given that the original scope of your complaint has now been addressed, we would consider this case closed.

If, however, you are dissatisfied with the Home Office’s response, you would be welcome to return to us. We would then look to carry out an investigation into the position taken by the Home Office, although this would be allocated a new case reference number to mark the change in scope of the complaint.

For your information, while this particular case will be closed, I would note our awareness of the procedural issues connected with the Home Office’s handling of the complaint. In the first instance, it is clear that the Home Office failed to provide an initial response to your information request within the twenty working days stipulated by section 10(1) of the Freedom of Information Act 2000. Furthermore, despite being requested by you, the Home Office did not carry out an internal review of its refusal until the intervention of the Information Commissioner.

In view of the Home Office’s deficient processing of your request, I will be informing the Good Practice and Enforcement team of this case. They undertake the broader exercise of monitoring longer-term compliance with the Act and its associated Codes of Practice and will form their own judgements on how to proceed with their considerations.

If the Enforcement team chooses not to take any action at this time, it will, at the very least, log the issues raised and monitor any future complaints made to the ICO about this particular public authority. You will not be contacted directly to be informed of what, if any, action the Enforcement team intends to take.

On a separate note, I realise that Mr L has identified, and is currently in the course of responding to, the revised request included in your correspondence of 31 January 2009. This asked the Home Office the following:


“Has any organisation in the British media been restricted by any organ of the British Government from freely and fairly disclosing anything pertaining to the principal investigation as documented in the case file released by the Portuguese authorities on 4 August 2008?”

Again, if you are dissatisfied with the Home Office’s response to the request, you would be entitled to ask the Information Commissioner to adjudicate on this matter. However, as this would represent a fresh request, you would need to exhaust the Home Office’s complaints procedure before referring the complaint to us. This would then be treated as a distinct case by us.

Yours sincerely,


(FOI) Complaints Officer

Tel: 01625 545 739


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