What we will do when we receive your request

We will acknowledge your request as soon as we can. If it should be dealt with under the Environmental Information Regulations or the Data Protection Act instead of, or as well as, the Freedom of Information Act, we will let you know. We will inform you if we require further information in order to identify and locate the information you have requested.

If DfT does not hold the information requested, we will consider whether it may be appropriate to transfer your request to another public authority. In doing so we will follow the guidance in section III of the FOI Code of Practice . (http://www.foi.gov.uk/codepafunc.htm)

If you make a Subject Access Request under the Data Protection Act (DPA), we will send you an acknowledgement and let you know if we need a fee or any additional information. Once we have all the information we need from you, we will search through the relevant records and collate the information. If third parties are named in that information, we may have to consult them before deciding whether it can be released.

How long does it take?

We are obliged to comply with our FOI Act obligations promptly and (subject to limited exceptions) within 20 working days following the date we receive your request. If we need to ask you for clarification of the request, the 20 working day period does not start until that is received.

Subject Access Requests under the DPA will receive a response within 40 calendar days. Again, though, if we need more information from you before we can start dealing with the request, the 40 days will not start until we have all that information.

If (in the limited circumstances where we are permitted to do so) we need to extend the timescale to give proper consideration to the request then we will inform you of this.

Already published information

The DfT routinely handles many requests for information every day - providing contact details, sending out leaflets produced by the Department, etc. We will continue to do this without necessarily having to treat the request as a FoI request.

The DfT also publishes information pro-actively whenever possible, rather than it only being available on request. The DfT's Publication Scheme specifies the categories of information that DfT and its Agencies publish or intend to publish, how to obtain that information, and whether any payment is required. The DfT's Publication Database (http://www.publications.dft.gov.uk/) contains details of all publications issued by DfT under its Publication Scheme since its formation in May 2002, and how to order or locate these publications.

If information is available under the Publication Scheme we are not obliged to provide the information to you under the FOI Act because it is deemed (under the exemption in section 21) to be already reasonably accessible to you. Where this is applicable, we will respond to your request by explaining how you can access the information.

Are there circumstances in which DfT's FOI Act obligations will not apply?

Yes. We are not obliged to comply with repeated or vexatious requests (these terms are explained in the DCA's procedural guidance , http://www.dca.gov.uk/foi/understand.htm) nor with requests that exceed the co sts limit.

Furthermore, the FOI Act contains a number of exemptions (http://www.dca.gov.uk/foi/guidance/exintro/index.htm) from these obligations, most of which involve the application of a public interest test. If your request is refused, our reply will identify which exemption (or exemptions) we are relying on. Where applicable, we will explain why we have decided that the public interest in withholding the information (or in neither confirming nor denying that we hold it) outweighs the public interest in disclosing (or confirming/denying).

Consultation with third parties

If your request relates to a person/company other than yourself or where disclosure of the information you are requesting could affect the interests of another person, we may need to consult that third party before responding to your request. We will follow the guidance in section IV ("Consultation with third parties") of the Code of Practice (http://www.foi.gov.uk/codepafunc.htm) where it applies.

How is Information Released?

If you express a preference for receiving a copy of the information requested, or a digest/summary (in permanent or other form), or for being given the opportunity to inspect the records containing the information, we are obliged to accommodate your preference unless it is not reasonably practicable for us to do so. Information may be provided in Braille or audio format, in large type, or translated into another language. When requesting information be provided in a particular format you should take into account the cost of supplying the information in this format, which may take the cost of the request over the fee threshold.

If your preference is to inspect the records containing the information, please note that an FOI access point has been established in London for this purpose. It is a custom-built, secure area under constant supervision by trained staff.

When making your request for information, please identify how you would like to receive the information.