Managing Internal Reviews: A Comprehensive Guide

Anyone who makes a freedom of information request, and is dissatisfied with the outcome, can ask for an internal review. An internal review is when a public authority reconsiders the reply it gave to a request based on any objection from the requestor. How do you manage internal reviews?

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Conducting an internal review of a response to a freedom of information (FOI) request is an essential process to ensure the accuracy, fairness, and compliance of the initial decision made by the public authority. An internal review allows for a thorough re-evaluation of the response. It provides an opportunity to rectify any errors or omissions.

The Freedom of Information Act itself does not require internal reviews, but under Section 45 of the Act a statutory code of conduct has bee produced which sets out the need to conduct internal reviews if a requestor is not happy with your response.

Here are the steps to take and important things to consider when conducting an internal review of an FOI response:

Starting Internal Reviews: Original Request and Response

Start by carefully reviewing the original FOI request and the response provided to the requester. Understand the information requested and the reasons given for any exemptions or redactions.

A with many governance activities, the key to managing internal reviews is to have got the activities leading up to it right. For example, if you have applied an exemption have you explained what the exemption is and why it applies to this particular request?

Identify Areas of Concern

Note any potential issues or concerns with the initial response. This may include possible errors in applying exemptions, incomplete or unclear explanations, or any other issues raised by the requester or internally.

Remember, simply objecting to your decision to withhold some or more of the requested information does not give you sufficient grounds to reconsider your decision.

Another reason people often request an internal review is that they believe public authorities have not taken account of the reasons they wanted the information. However, all freedom of information responses should be treated as to the world at large. The identify of the requestor and their reasons for wanting the information should not be taken into account. These are known as the requestor’s “interests” and are not relevant to an internal review.

Conversely if the public interest test was conducted, evaluate the response provided for public interest arguments. Verify that the decision was reasonable and justifiable based on the available information. For absolute exemptions, review the exemptions you have relied on were applied in the original response and ensure they were appropriately justified.

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Check Compliance with FOI Act and Guidelines

To conduct and internal review properly you should ensure that the initial response adheres to the provisions of the Freedom of Information Act and any relevant guidelines or policies issued by the public authority.

Examine the decision-making process followed during the initial response. Ensure that all relevant factors were taken into account, and any supporting evidence or documentation was considered.

Refer to any internal guidance or best practices established by the public authority for handling FOI requests. Ensure that these guidelines were followed during the initial response. If necessary, consult with relevant departments or subject matter experts to gain additional insights or clarifications on the requested information.

It will be helpful to revisit all correspondence and documentation related to the FOI request and response. Verify that all relevant communication was taken into account during the initial decision-making process.

Sometimes the request for an internal review can come from a relatively minor procedural error. For example, you are obliged under the Freedom of Information Act to provide data in a machine readable format (like a CSV file). If instead you provided the information in a PDF document it is a straightforward mistake to correct.

When the Review is Complete

The final part of managing internal reviews involves documenting the findings of the internal review in a detailed report. Clearly outline any errors or areas for improvement identified during the review process.

Based on the internal review findings, take any necessary corrective action. Examples include providing additional information, correcting inaccuracies, or reconsidering the exemption applied.

If the internal review results in changes to the initial response, promptly communicate with the requester to provide the updated information and any relevant explanations. There is no formal timescale for responding to an internal review, but it is good practice to communicate promptly.

Throughout the internal review process, prioritise transparency and accountability. Document all actions taken, decisions made, and any updates provided to the requester.

Finally, there are always learning opportunities arising from any internal review. Use the process as a learning opportunity. Identify any systemic issues or areas for improvement in the public authority’s FOI handling procedures, and consider implementing necessary changes.

Ultimately if the requester remains dissatisfied they can complain to the Information Commissioner. It is therefore important to be able to demonstrate that you conducted your internal review properly.

Conclusion: Handling Internal Reviews

Conducting a thorough internal review is crucial in upholding the principles of transparency and accountability in the FOI process. By following these steps and considering the important factors mentioned above, public authorities can ensure that their responses to FOI requests are accurate, fair, and compliant with the law.

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