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FOI Complaints Process

Complaints Process

For general complaints, not related to a query under FOI, please see the Agency's main complaints procedure.

If you have a complaint about the response to your Freedom of Information Act request, there is a 3-step internal process to address your concerns.

To start the process, write to the contact named in the covering letter you received with the response to your request, explaining your complaint.

All complaints will be dealt with within 40 working days of receipt.

Step 1

The person who handled the request originally will reconsider the decisions made about the information that was released, any that was withheld, fees charged, and any refusal to answer the request. If your complaint is upheld, we will:

  • Apologise and provide any information withheld
  • Re-evaluate the processing time to handle any request refused as too costly
  • Explain why some information was withheld or why your request was refused in full

If the original decisions are upheld, there is a second evaluation:

Step 2

The complaint is referred to a member of the Highways Agency Board for re-consideration. If the Board member feels an independent review is required, another government department may become involved, for example, Department for Transport for FOI cases and possibly Defra for EIR cases.

The Board member will write to you concerning your complaint, and how they have decided to resolve the issue. If the original response is upheld, you may wish to use the third step in the complaints process:

Step 3

If your complaint is not upheld, or you feel your complaint has not been handled properly, you have the right to complain to the Information Commissioner.

The Information Commissioner can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Website: www.informationcommissioner.gov.uk