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Freedom of Information complaints process

  • Last modified date:
    8 February 2007

Independent internal complaint process

Process - General

Should the applicant be dissatisfied with the outcome of their request for information they can seek to resolve the issue by invoking the DH FOI complaints process.  The applicant will be informed of his or her right to complain to the FOI Unit in the Department's initial response to their request. Any complaints or written replies from applicants dissatisfied with the DH response to a valid request for information request must be directed to FOI Unit. The complaint will give rise to a full reconsideration of the handling of the case, as well as the final decision. 

Process steps

  1. On receipt of a complaint or a letter from an applicant expressing dissatisfaction with the DH response to a valid request for information, the FOI Unit will acknowledge the letter and inform the applicant of the target date for the review.  The normal target time for responding to the applicant is 20 working days.

  2.  The FOI Unit will request a full history of the case from the business area(s) involved in responding to the original request for information.  In order to complete the review within the target time, the relevant documents must arrive in the FOI Unit within 10 working days
  3. Where it is apparent that the response to the complaint will take longer than the target time (for example because of the complexity of the particular case) the FOI Unit will inform the applicant and explain the reason for the delay.
  4. Dealing with the complaint will consist of an analysis of the evidence; consideration of the appropriateness of the exemption(s) cited; review of the arguments for withholding/disclosing information in the particular circumstances of the case; and consideration of whether the public interest has been properly considered, consulting the business area that handled the initial request where necessary.  Where it would be helpful to do so, the FOI Unit will also discuss the case directly with the applicant.
  5. The complainant will always be informed of the outcome of his or her complaint.  The proposed disclosure of information or further information will only be made in full consultation with the business area(s) concerned.  Where the outcome of a complaint is that an initial decision to withhold information is upheld, or is otherwise in the Department's favour, the applicant will be informed of his or her right to complain to the Information Commissioner.

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