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Refusals and advice

You're usually required to issue a refusal notice explaining that you are refusing the request under section 14(1). You're not required to provide reasons, but it is good practice to do so, and this can be an effective way to provide advice and assistance where appropriate. In some circumstances where a request is vexatious, you can rely on section 17(6) and not issue a notice.

This module assesses how you refuse vexatious requests, your understanding of section 17(6) of FOIA, and advice and assistance.

Good

  • You always include reasoning where appropriate, and details of internal review procedures and the right to complain to the ICO, when refusing under section 14(1).
  • All relevant staff understand when you would be entitled to rely on section 17(6) and not issue a refusal notice.
  • You always offer advice and assistance when refusing a request as vexatious on grounds of grossly oppressive burden.
  • You always consider what would be an appropriate level of advice and assistance, when refusing a request as vexatious on other grounds.

Adequate

  • You sometimes include some reasoning, and details of internal review procedures and the right to complain to the ICO, when refusing under section 14(1).
  • Most relevant staff understand when you would be entitled to rely on section 17(6).
  • You usually offer advice and assistance when refusing a request as vexatious on grounds of grossly oppressive burden.
  • You sometimes consider what would be an appropriate level of advice and assistance when refusing a request as vexatious on other grounds.

Unsatisfactory

  • You rarely include any reasoning, or details of internal review procedures and the right to complain to the ICO, when refusing under section 14(1).
  • Relevant staff do not understand when you would be entitled to rely on section 17(6).
  • You rarely offer advice and assistance when refusing a request as vexatious on grounds of grossly oppressive burden.
  • You rarely consider what would be an appropriate level of advice and assistance when refusing a request as vexatious on other grounds.
1. Your issuing of refusal notices in response to vexatious requests is… (optional)
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You do not have to comply with vexatious requests, nor confirm or deny whether you hold the requested information. However, unless you're relying on section 17(6), you must still issue a refusal notice within 20 working days. This should state that you are relying on section 14(1) of FOIA and include details of your internal review procedures, and the right to appeal to the ICO.

2. Your understanding of when you can rely on section 17(6) is… (optional)
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Section 17(6) states that there is no need to issue a refusal notice if you have already given the same person a refusal notice for a previous vexatious or repeated request, and it would be unreasonable to issue another one. You should previously have warned the requester that they will not receive any response to further requests on the same or a similar topic. You should keep records of the reason for your decision.

3. Your consideration of appropriate advice and assistance, after deciding a request is vexatious on grounds of grossly oppressive burden, is… (optional)
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You are not obliged to provide advice and assistance where a request is vexatious. However, in cases where burden is the sole ground for refusing an otherwise reasonable request, it's good practice to offer the requester the opportunity to submit a refined request, to explore whether there is a constructive way to overcome the issue of burden.

4. Your consideration of appropriate advice and assistance after deciding a request is vexatious on other grounds is… (optional)
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You should aim to be as helpful as is beneficial in the circumstances of the request.