Information Commissioner's Office

Open University

13 October 2016, Education (University)

The complainant was selected for redundancy by the Open University (the OU) and subsequently, on 10 September 2015, requested information concerning its redundancy selection criteria, the process followed and guidance documents. The OU responded that it would treat her request as a basis for her appeal against the decision. The OU considered the complainant’s appeal but did not provide all the information requested. The complainant has argued that the OU should have handled her information request as an FOIA request and that its response to a further FOIA request was late. The complainant has also argued that she has still not received all the information requested. In failing to respond to that part of the request of 10 September 2015 which fell under the FOIA, the Commissioner finds the OU to be in breach of section 1(a) and (b) and section 10 of the FOIA. In failing to provide a response to a further FOIA request within 20 working days, the Commissioner finds the OU to be in breach of section 10 of the FOIA. The Commissioner also requires the OU to provide a formal response under the FOIA to the information requests made on 10 September 2015 which the complainant considers to be outstanding. The public authority must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the Act and may be dealt with as a contempt of court.

FOI 1: Upheld FOI 10: Upheld