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Information complaints policy
If you have a complaint about a service delivered by Achieving for Children, please go to our Concerns and complaints page. This policy does not cover complaints about services.
Introduction
This policy covers complaints about how Achieving for Children:
- handles requests for information under the Freedom of Information regulations (FOI) or Environmental Regulations (EIR)
- handles requests for personal information under the UK General Data Protection Regulations (UK GDPR) - also known as subject access requests
- handles personal information under the UK GDPR
1. Scope
- contacts Achieving for Children to seek information using the Freedom of Information Act A (FOIA), Environmental Information Regulations (EIR) or Data Protection (DP) processes
- contacts Achieving for Children to report concern about how personal information is being handled
2. Purpose
- request for information under the Freedom of Information (FOI) or Environmental Regulations (EIR)
- requests for personal information under the UK General Data Protection Regulations (UK GDPR)
- the way in which personal information has been handled in relation to the UK GDPR
3. What can be complained about
Definition of information complaint
An information complaint could include any of the following concerns:
- we delay or fail to respond to a request for information
- we fail to meet our statutory responsibilities in relation to FOI, EIR or DP
- we apply an exemption (withhold information) that a requester is not happy about
- we fail to resolve a request to handle personal information as we should
An information complaint is not:
- an initial request to access information held by Achieving for Children
- an enquiry about the process for dealing with a specific issue
- a complaint about a service or the behaviour of staff, such complaints will be managed under the Corporate Complaints Procedure. Refer to section 8 for further details
4. Information complaints procedure
How can a complaint be made
Stage 1 complaints
Information complaints - upheld or partially upheld
- providing previously withheld information
- reviewing our information governance policies and procedures
- reviewing how we handle personal data
- providing appropriate staff training and guidance
Information complaints - not upheld
- explain the reasons for our decision clearly
- provide any relevant evidence to support the decision
- advise customers of their right of appeal if they remain dissatisfied
Stage 2 complaints
Final stage - complaints
If the customer is still not satisfied, they may appeal to the Information Commissioner by writing to them:
Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow
Cheshire
SK9 5AF
W: https://ico.org.uk/make-a-complaint/
5. Persistent and vexatious information complaints
- change the basis of a complaint during the investigation process
- refuse to cooperate with the complaints investigation process
- refuse to accept investigation conclusions and decisions
- repeatedly make the same or similar complaint
6. Learning from information complaints
Information complaints will be regularly reviewed to identify how Achieving for Children can improve our information related processes. This includes:
- making operational improvements in response to specific complaints
- regular review of upheld complaints to identify issues that need addressing
- identify areas where more training is required
7. Confidentiality
Any personal information provided to Achieving for Children will be managed in line with the requirements of the General Data Protection Regulations.
8. Useful contacts
Data Protection Officer: dpo@achievingforchildren.org.uk
Information Governance Team: foi.sar@achievingforchildren.org.uk
Information Commissioner’s Office: www.ico.org.uk
Kingston Council Corporate complaints: crm.complaints@kingston.gov.uk
Richmond Council Corporate complaints: customer.services@richmond.gov.uk
Windsor and Maidenhead Council Corporate complaints: complaintsandcompliments@rbwm.gov.uk
Policy details
Date created: November 2020
Version: IG/IRC/11/2020/V.1
Signed off by: Achieving for Children Information Governance Board
Issue date: December 2020
Review date: The policy will be reviewed every two years to judge its effectiveness or updated sooner in accordance with changes in legislation.