Should an applicant be dissatisfied with the outcome of the request for information or the Publication Scheme they can seek to resolve the issue by invoking the Trust’s Freedom of Information complaints and appeals process.
The applicant will be informed of their right to complain to the FoI appeals officer in the initial response to their request. The complaint/appeal will give rise to a full reconsideration of the handling of the case, as well as the final decision.
All appeal or complaints should be sent to the appeals officer with the details of the request for appeal or grounds for compliant.
This can be sent via email to
mailto:NHSM.FoI@Liverpoolpct.nhs.uk
or sent by post to:
FOI Officer (NHS Merseyside)
Information Governance Team
Ground Floor
Regatta Place
Summers Road
Liverpool,
L3 4BL
Process steps
Once a request has been received the process below will be followed.
1. On receipt of a letter from an applicant with a complaint or expressing dissatisfaction with our response, the Information Governance (IG) team will acknowledge the letter and inform the applicant of the target date for the review. The normal target time for responding is 20 working days.
2. The Head of Corporate Governance and Compliance will request a full history of the case from the Information Governance team involved in responding to the original request and the department involved in providing the information. In order to complete the review within the target time, the relevant documents will be made available within 5-10 working days.
3. Where it is apparent that the response to the complaint/appeal will take longer than the target time (for example due to the complexity of the particular case) the IG team will inform the applicant and explain the reason for the delay.
4. Dealing with the complaint/appeal will consist of an analysis of the evidence; consideration of the appropriateness of the exemption(s) cited; review of the decision-making process for withholding/disclosing information in the particular circumstances of the case; and consideration of whether the public interest has been properly considered, consulting the department involved in the request where necessary. Where it would be helpful to do so, the case will also be discussed directly with the applicant.
5. The applicant will always be informed of the outcome of the complaint/appeal. The proposed disclosure of information or further information will only be made in full consultation with the department concerned and the IG team.
6. Where the outcome of a complaint/appeal is that an initial decision to withhold/disclose information is upheld, the applicant will be informed of their right to complain to the Information Commissioner. Please see the details below.
The Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF.
