Step 3: Request for review is received

There may be a number of different reasons why the applicant is dissatisfied and these are all subject to review, e.g. information withheld or information provided out with 20 working days.

If the original decision was that the application was vexatious or repeated, the applicant has the right to ask for a review of that decision (but see step 5 also).

Is it valid under section 20(3) of FOISA?

If not, use s.15 duty to advise and assist to explain to applicant how to make a valid request for review.Remember that the Section 60 Code says that public authorities must treat any correspondence which expresses dissatisfaction as a valid request for review if the notice from the public authority did not make it clear how the applicant should request a review (para. 64).

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Although information requests made under the EIRs do not have to be in writing, requests for review under reg16 of the EIRs must be in writing.

Has it been made in time?

Applicants have 40 working days from receipt of the information or a notice (as above) to request a review – s20(5).

If the request for review is made after more than 40 working days, public authorities can chose to carry out a review if appropriate to do so – s20(6).

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