Policy and performance

Medway Council aims to ensure that:

• applicants receive all the information they have requested, unless exemptions have been applied;
• it has explained fully why it has withheld information and what exemptions it has applied to the information withheld;
• it has completed the request for information within 20 working days from receipt of the request;
• it has responded to the request in the form requested;
• it has kept the applicant informed at all times if the 20 working day deadline could not be met.

If an applicant is not happy that the council has met any of the aims as set out above or is not satisfied with the information provided, they can make a complaint.

Making a complaint

If the information was requested in writing and seemed inadequate, an applicant is entitled to complain about the information received. An example of this would be:

• if the applicant feels they have not received all the information the council holds,
• if the council has applied exemptions they feel are inappropriate,
• if the council is not releasing documents shown to be held in its publication scheme,
• if the information is not in the format requested.

When making a complaint, please quote the reference number given on any correspondence received from the council. This will ensure that the complaint can be connected with the original request.

The complaints procedure relating to a request for information has two stages:

Stage one complaint:

The complaint should be made in writing, as it may form part of an investigation undertaken by an independent authority called the Information Commissioner. Please write or email using the contact information at the foot of this page.

You should quote your reference number if you have one and explain exactly why you are complaining about the information you have received. Include in the letter how you would like to receive the result of the complaint.

If you cannot make a complaint in writing, you can get someone to write a letter on your behalf or you can ask the Citizens Advice Bureau to write a letter for you.

Where appropriate, you will receive written acknowledgement of your complaint within three working days from when it is received and a full response within ten working days. If your complaint cannot be resolved by then, you should receive a letter explaining why and giving you a new deadline.

If you are not satisfied with the result of the complaint, you can escalate it to a stage two complaint.

Stage two complaint:

If you are unhappy with the outcome of the stage one complaint, you can take the matter further and complain to the Information Commissioner.

The Information Commissioner is the independent supervisor who enforces and oversees the Data Protection Act 1998 and the Freedom of Information Act 2000 and reports directly to Parliament.

To make a complaint to the Information Commissioner, please write to:

FOI Compliance Team (complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

You will need to make clear in your correspondence that you requested information from Medway Council, what information you have requested and why you are not happy with the information that has or has not been provided. You should also inform the FOI Compliance Team that you have followed the council’s complaints procedures and that you are unhappy with the result of that complaint.

The Information Commissioner will initiate an investigation to discover the facts and make an informed decision as to whether the complaint will be upheld or should be withdrawn.

The Information Commissioner's website address is: www.ico.gov.uk.

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