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Access to environmental information - Time for compliance (2)
When is a request received by the competent authority?
A request is received when it is delivered to the competent authority, or when it is delivered to the inbox of the member of staff nominated by the authority to deal with such requests. The date of receipt is not the date the request is passed to the appropriate person for processing.
However, in respect of e-mails, where an automated "out of office" message provides instructions on how to re-direct a message, the request would not be "received" until it was re-sent to the alternative contact so indicated.
Public authorities may wish to consider the following good practice points:
It may be helpful to provide, and publicise, a separate e-mail address/telephone number for access to information on the environment.
To cover periods of absence, it would be advisable for staff to use the automated "out of office" facility for e-mails to provide alternative contact details.
Where an alternative contact is provided in an "out of office" message, the contact should advise the original recipient of action taken in respect of the request.
It would be good practice to acknowledge receipt of requests and to refer to the 30-day time limit, so that applicants know their request is being dealt with.
Public authorities should give thought to their procedures for dealing with communications, where an addressee is unexpectedly absent.