Freedom of information and data protection
You are entitled to ask the council for any recorded information that we keep. See What is the Freedom of Information Act?.
Our publication scheme lists the information which we routinely make available and states whether you will have to pay for that information.
We hope that most of the requests we handle will be dealt with to the satisfaction of the applicant and that the explanations for our decisions will be clear. However, we recognise that there will be cases where individuals are dissatisfied with the way their request has been handled, or otherwise with the outcome of the consideration of their request. We will investigate any requests for a review rigorously and make every effort to resolve them as soon as possible.
This procedure applies to the following types of information requests made to the council:
- Requests under the Freedom of Information Act 2000 (FOI)
- Requests for environmental information under the Environmental Information Regulations 2004 (EIR)
- Data Subject Access Requests under the Data Protection Act 2018/ UK GDPR (SAR)
How to request information
If you are dissatisfied with your response from us you may decide to lodge a formal request for a review. You should:
- Email your request to foi@tmbc.gov.uk
- Or write to us at the following address:
FOI administration, Tonbridge and Malling Borough Council
Gibson Building, Gibson Drive
Kings Hill
West Malling
Kent
ME19 4LZ
Please supply the following information with your request for a review:
- Your name and contact details;
- Details of the original request made by you i.e. when you submitted it, the specific information sought, to whom the request was sent, reference no. etc. If possible please send a copy of the original request; and
- The reason for your dissatisfaction/ request for review together with any supporting evidence
We will treat any communication by e-mail or other electronic means as a written communication. Telephone requests will not be accepted.
The request for a review should be submitted within 40 days of the date on which you received a response from the council to your original request for information or the date by which you should have received a response under the Act or regulations (whichever is later).
The council may consider a request of a review received after the above timescale at its discretion.
What happens next?
Upon receipt of your written communication we will acknowledge receipt within two working days and advise you of our target date for responding to your request for a review. Normally the council aims to complete the review within 20 working days after receipt of your written communication. If it becomes apparent that the review will take longer to determine (for example because of the complexity of the case) then we will inform you and explain the reasons for the longer time scale.
In the event that clarification of an internal review request is required from you, the normal 20 working days timeframe will not begin until it is received.
The FOI Admin team will allocate your communication to the relevant Senior Officer to oversee the review. In all cases the review officer will be different to the person who made the original decision. The review officer will undertake a full and thorough review of the decision, taking into account all relevant matters. They may confirm, reverse or revise the original decision.
The review officer will notify you in writing of the outcome of the review process and give reasons for his/her decision. Where the decision is that some or all of the information requested should now be released the review officer will request the relevant department to supply the information to you directly, and will give you an indication of when you should expect to receive this information.
What can I do if I am dissatisfied with the outcome of the review?
If, following the review, you are still unhappy with the decision of the council, you have a right to ask the Information Commissioner's Office to look at your case. The Commissioner may be contacted at the following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel:01625 545700
How we will use your personal data
In order to comply with the Data Protection Act 2018/ UK GDPR, your name and contact details, together with brief details of the issue(s) you have raised, will be recorded by our Review Co-ordinator. Your personal details will not be passed to any parties other than the Tonbridge and Malling Borough Council staff responsible for dealing with such requests.