MOD Freedom of Information and Environmental Information Regulations Complaints Procedure

The MOD complaints procedure for internal reviews of decisions made at the initial request stage and complaints to the Information Commissioner are as follows:

Requests for Internal Reviews of Initial Decisions

If you consider that that your Freedom of Information (FOI) or Environmental Information Regulations (EIR) request has not been properly handled, or if you are otherwise dissatisfied with the outcome of the consideration of your request, you should, in the first instance, try to resolve it informally in discussion with the official who dealt with it.

If you remain dissatisfied you may apply for an internal review by contacting: 

Director of Information (Exploitation),
Level 6, Zone F, MOD,
Main Building,
Whitehall,
LONDON SW1A 2HB.

The Director is the official in the MOD who has responsibility for carrying out FOI and EIR internal reviews.  The review will involve a full, independent, reconsideration of the handling of the case as well as the final decision.   The Director will aim to complete the review within 40 working days of receipt of the application.  You will be informed of the result of the review by letter.

Complaints to the Information Commissioner

If you remain dissatisfied following the internal review, you may complain to the Information Commissioner's Office at:

Wycliffe House,
Water Lane,
WILMSLOW
Cheshire SK9 5AF.

The Information Commissioner's Office is the independent statutory body which polices the operation of the FOI Act.  The Information Commissioner (IC) will normally make a decision on the MOD's compliance with the FOI Act or the EIR but, in certain cases, the IC may decide not to make a decision.  The IC will, therefore, either service notice of his decision to you and the MOD, or notify you that he has not made a decision and his grounds for not doing so.

More detailed Guidance can be found here

Enforcement of the Act

To enforce the Act, the IC may  issue a decision notice or an Information notice. A Memorandum of Understanding (MOU) between Government Departments and the IC is available to view from the following link. The main purpose of the MOU is to promote good standards of co-operation between the IC and Government Departments with regard to how the Act is enforced (see Section 50 and 51 of the FOI Act).

Last Updated: 17 Mar 05