Difficulty Obtaining Replies to Enquiries

by Stephen Wynn

I have been asked to comment on the Lord Hunt Review of the FOS by EMAG, and Building Personal Accounts: choosing a charging structure (2008) by PADA. In order to do this, I need to ask some questions. But I have had difficulty obtaining replies. In recent weeks I have made enquiries to: BERR, the Cabinet Office, the DWP, HM Treasury, the ICO, PADA. This seems to be a suitable topic for the Parliamentary Ombudsman, that is replies to enquiries to government departments in general, rather than my particular enquiries. In my opinion there is a need for:

1. an immediate acknowledgement of receipt of an email enquiry,

2. followed by a reply,

3. which should be in a reasonable and stated length of time.

4. Enquiries to the wrong government department should be automatically forwarded to the correct department.

If a particular department cannot answer a letter or email, they should not just tell you to write to a different department. They should automatically forward it to this different department, and inform you they have done so.

I have been chasing round different departments PADA-DWP-Cabinet Office-BERR trying to find the answer to Question 3 below. This has now been answered by the DWP. But I still do not have answers to Questions 1 and 2, although I asked the Teasury Question 1 on 27th May and again on 8th July. I asked the Cabinet Office Question 2 on 26th June and again on 15th July.

1. Acknowledgements

There is apparently usually no immediate acknowledgement to e-mail enquiries, as in the case of:

ministers@hm-treasury.gsi.gov.uk
enquiries@berr.gsi.gov.uk
consultation.policy@cabinet.office.x.gsi.gov.uk
www.ico.gov.uk/ESDWebPages/GenEnq.asp
mail@ico.gsi.gov.uk

Government departments may have a website form for enquiries, rather than simply an email address. But then in addition to not being acknowledged by email, there may not even be a record of your enquiry in your email outbox. An example is:

www.ico.gov.uk/ESDWebPages/GenEnq.asp

From:

ENQUIRIES.PADELIVERYAUTHORITY@DWP.GSI.GOV.UK

I received the message:

"Thank you for your enquiry. Your email has been passed onto the Communications Team for review."

But this does not repeat the enquiry. To avoid confusion, acknowledgements should specify what is being acknowledged.

2. My experience

I have three Questions listed below. I asked the Treasury Question 1, with so far no reply. Question 3 originated from reading a PADA consultation document.

  • The Treasury
  • My first enquiry (Question 1) to ministers@hm-treasury.gsi.gov.uk was on 27th May. This had no acknowledgement or response. I rang up and sent an email to public.enquiries@hm-treasury.gsi.gov.uk on 8th July and received an acknowledgement, but have not received a response at time of writing in August, even though this was promised verbally in 15 working days.

    The same delay with ministers@hm-treasury.gsi.gov.uk occurred some years ago. They did not respond within 15 days as promised on the Treasury website.

    "We aim to reply to all correspondence within 15 working days of receipt."

    www.hm-treasury.gov.uk/contact/contact_index.cfm

  • PADA
  • I pointed out an error in a consultation document (Question 3). PADA informed me in an email that this is standard DWP text:

    "included in various consultation documents published by the Department for Work and Pensions. As such these have been cleared by their lawyers."

    The next email said:

    "Many thanks for drawing this matter to my attention and for the information you have provided below. I will forward this information to my relevant colleagues within the delivery authority, who deal with matters relating to Freedom of Information."

    This does not inform me who to contact in the DWP, or what PADA is doing to correct this error.

  • The DWP
  • The name of Charles Cushing is given in DWP consultation documents, together with a telephone number and e-mail: charles.cushing@dwp.gsi.gov.uk. There was a delay getting through to Mr Cushing by telephone because I was initially referred to his mobile number, and had no response. There was no acknowledgement or response to an email on 11th July.

    After one or two days I did reach Charles Cushing by telephone, who was helpful. He said the Cabinet Office are involved or responsible and gave me a name and telephone number at the Cabinet Office. He also said I would receive a reply from the DWP legal department.

    I recieved an e-mail on 23rd July from the DWP legal department, agreeing that there needs to be a change in the DWP text. This answers Question 3.

  • The Cabinet Office
  • I sent an email to consultation.policy@cabinet-office.x.gsi.gov.uk on 26th June (Question 2) with no acknowledgement or response. I was subsequently put in touch with the Cabinet Office by the DWP (Question 3). They referred me to: enquiries@berr.gsi.gov.uk (Question 2 and 3).

  • BERR
  • I sent an email to enquiries@berr.gsi.gov.uk with no acknowledgement on 17th July (Questions 2 and 3). I rang up to confirm receipt. The person I spoke to refused to send an email acknowledgement, so I asked their name, which is probably good enough as proof of making an enquiry. I have not received a response even though one was promised in three working days. It seems likely that they or the ICO contacted the DWP, which is the reason I received such a detailed response from the DWP. But this only partially answers my BERR enquiry (Question 3).

    4. There may be an excessive delay in responding.

    I contacted the ICO by email about Question 3, without reply so far because:

    "Our Case Reception Unit is currently able to send this initial response to all written complaints and enquiries (including email) within 40 calendar days of receipt."

    www.ico.gov.uk/Home/complaints/unhappy_with_our_service.aspx

    I subsequently telephoned the ICO, with an immediate and helpful response.

    5. The Questions

  • Question 1
  • Please could I see the responses to the Lord Hunt Review of the FOS?

    There seems no good reason why I should not see them. About a quarter have already been published.

  • Question 2
  • Why cannot all the responses to government consultations be published on the internet?

    It is already possible to see them because of the Freedom of Information Act.

  • Question 3
  • Why does it say the following in consultations?

    "Under the Freedom of Information Act (2000), all information contained in your response, including personal information, may be subject to publication or disclosure."

    This is for example, the first sentence in paragraph 7.7 in:

    www.padeliveryauthority.org.uk/files/consultation_paper.pdf

    Personal information is exempt from the Act. The DWP agree that this needs changing.

    6. Addendum

    The above paper was sent to the Parliamentary Ombudsman and I received a reply from the ICO and BERR. I have found that Freedom of Information requests x are highly preferable to enquiries to government departments.


    Email: centre@boltblue.com

    1st August 2008