Join Date: Mar 2006
Nominated 0 Times in 1 Post
TOTW/F/M Award(s): 2
Thanked 15 Times in 15 Posts
Got a letter from VOSA today telling me they will need an extension to the 20 working day time limit to complete my Freedom of Information request -
" In the case of your request, I must extend the time limit by approximately 15 working days to allow consultation with third parties and, if necessary, perform a Public Interest Test."
On what authority or under which provision do they pretend that they can delay answering your request by 15 days? I haven't read the provisions within the Act. Can you refuse them an extension of time? Maybe you should tell them that any unnecessary delay in complying with the FOI Act will result in a further scrutiny under section 41 of ECHR charter which guarantees your basic human right to timely action by the authorities .
Fundamental human right to justice as provided by Article 41 of the European Charter on Human Rights, which provides that:
a) Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union
b) This right includes:
i. the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;
ii. the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy.
iii. The obligation of the administration to give reasons for its decisions.
c) Every person has the right to have the Community make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.
I am guessing the third party is Renault. I do not see how they could say providing the information would not be in the public interest! We will see I suspect by 20th March they will try come up with some reason not to give me the information requested. If they do I will be appealing to the information commissioner as I can not imagine any valid reason for them not to disclose (other than it could cause a hell of a lot of bother for them if they have not been doing their job right!)
I think you will find a few shortcomings and possibly ultra vires action too. It does appear prima facie that they are at one with Renault in saying the victims of these accidents are at fault, rather than the cars or parts thereof.
P.S.: Pity we can't just dump 400 effected cars on their head office doorstep... or maybe the muck spreader :-)
Confucius he say "Wise Inuit never eats yellow snow"
Currently in vass20's garage:
Citroen Relay 2.2 HDi + Citroen C4 1.6 HDi EGS
Last edited by vass20; 19th February 2007 at 07:28 PM.
Reason: P.S. added