Correspondence between OS and OPSI

FOI request reference: F0046697
Publication date: September 2016

Title – Correspondence between OS and OPSI

FOI request reference: F0046697

Response sent: September 2016

Outcome

Information not held

Request

In addition a new FOI for any correspondence between OS and OPSI since 10th August 2016 with regard to my complaint.

Response

Thank you for your enquiry of 18 August 2016, in which you asked for ‘any correspondence between OS and OPSI since 10th August 2016’ with regard to your complaint.

Your request has been handled under the Freedom of Information (FOI) Act 2000. Please note that this request for information under the FOI Act is being handled separately to your complaint of maladministration which is currently subject to investigation in accordance with The National Archives’ complaints policy.

The FOI Act gives you the right to know whether we hold the information you want and to have it communicated to you, subject to any exemptions which may apply.

I can confirm that The National Archives does not hold information relevant to your request. We do not hold any correspondence between The National Archives (as the Office of Public Sector Information) and Ordnance Survey (OS), since 10 August 2016, regarding your complaint.

Vexatious guidance

We would also like to draw your attention to the Information Commissioner’s Office guidance on vexatious requests https://ico.org.uk/media/1198/dealing-with-vexatious-requests.pdf which details what could be considered vexatious communications (section 14 of the FOI Act), with emphasis upon the following points:

  • Frequent or overlapping requests – the requester submits frequent correspondence about the same issue or sends in new requests before the public authority has had an opportunity to address their earlier enquiries
  • Unreasonable persistence – the requester is attempting to reopen an issue which has already been comprehensively addressed by the public authority or otherwise subjected to some form of independent scrutiny.

To date The National Archives has undertaken considerable correspondence with you, both within and outside the FOI process on the subject of your request to change the wording of the Information Fair Trader Scheme Report: Ordnance Survey. We would contend that this correspondence also relates to your dissatisfaction with the wording of the report. In line with your requests, we have shared all the exchanges between The National Archives and Ordnance Survey on the subject of changing the wording of this report.

We have also explained that since the introduction of the new Re-use Regulations in 2015, complaints under the Information Fair Trader Scheme have been withdrawn and that if you are not content with aspects of OS licensing, you should utilise the complaints handling procedure of OS. Finally, we have advised that if you remain dissatisfied, you are entitled to seek assistance and guidance from the regulator for the Re-use of Public Sector Information Regulations – the Information Commissioner.

We therefore recommend that you consider this guidance and note that continued correspondence on the same or similar subjects could potentially result in us considering these requests for information under the FOI Act as vexatious and ceasing all further correspondence with you on this topic.

We will, of course, continue to deal with any complaints regarding maladministration in line with The National Archives’ complaints policy: http://www.nationalarchives.gov.uk/contact/complaints.htm

If you are dissatisfied with the handling of your request or the decision which has been reached, you have the right to ask for an internal review.  Internal review requests must be submitted within two months of the date of this response and should be addressed to:

Quality Manager
Quality and Excellence Department
The National Archives
Kew
Richmond
Surrey
TW9 4DU

complaints@nationalarchives.gov.uk

Please mark your complaint clearly.  You have the right to ask the Information Commissioner (ICO) to investigate any aspect of your complaint.  However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning his investigation.

Yours sincerely,