ON RECEIPT OF THE FOI REQUEST
Record the request.
r Date stamp on date of receipt.
r Open a registered file and enter the details in any computer recording/tracking system.
r Note the deadline for reply on front of file - this may alter if consultation is required under Section 29 or if an extension of time limit is applied in accordance with Section 9.?

Check that request is valid.
r Was it received in writing or other approved form?
r Does it refer to the FOI Act?
r Has the 'up-front' fee, if required, been paid? (see CPU Notice 11)
r Does it contain sufficient details to allow identification of records sought?
r If request does not contain sufficient particulars contact requester within 2 days.

Can Request be dealt with outside of FOI Acts? e.g. if information is already in public domain, or if information is already included in circulars etc., or if the request is for statistics where there is no problem releasing such information.

Identify and send file to appropriate decision maker.
r Determine the appropriate decision maker to handle the request
r If the decision is to be made at local/divisional level, notify the decision maker of the request and send him/her a copy of the request (the location of the decision maker will determine whether the actual registered file cover should also be sent).
r Issue reminder to decision maker, where appropriate, a few days before the deadline
Acknowledge receipt.
r within10 working days but ideally within 2-3 days to allow maximum time for consideration of the request.
r include summary of provisions of Section 41; particulars of the rights of review; procedure governing exercise of rights; time limits involved.

See Transfer of Requests below, if appropriate at this stage.

SEARCH AND RETRIEVAL
Search for and locate records relevant to the request as early as possible.
r Establish if there are administrative reasons for refusing the request (i.e. Section 10 exemptions), e.g. if the record does not exist or cannot be found; if the request is not sufficiently detailed to enable the records sought to be identified, (see Chapter 6 para. 2 of FOI Manual - Processing FOI Requests Section). Remember that the Act obliges the public body to assist the requester in identifying the records required to enable him/her to make a valid request.
r Charges: If the fee for search and retrieval is likely to exceed €50.79, seek deposit (within 10 working days weeks of receipt of request) along with a formal estimate and notice of rights to the requester - S. 47(7). CPU Notice 11 and Chapter 8 of FOI Manual refers.
r Identify and retrieve the records as soon as possible.
r Keep note of all the steps taken to locate records, relevant time spent as records are being collated/copied.
r Seek signed confirmation of searches undertaken from relevant divisions, if appropriate (e.g. if adequacy of search may be challenged).
r Number the records.
r Copy all records that come within the scope of the request.
r Take note of the various time limits which must be met (see appendix for summary of time limits).
r Prepare a schedule of records: A well-prepared schedule of records will be of particular importance in dealing with requests for internal review or Information Commissioner review.

TRANSFER OF REQUESTS
r No records held but records known to be held by another public body – suggest to requester that s/he withdraw the request and resubmit to the appropriate body (this approach may be preferable where an 'up front' fee has been paid as it results in the requester receiving a full refund) otherwise transfer as soon as possible but not later than 10 working days of receipt of request.
r Some records held: deal with those records in the normal way. As regards records not held by you but held by another body, you should take all reasonable steps to identify and inform the requester of the relevant public body.

EXAMINING THE RECORDS
r Check each page for exempt material.
r Undertake informal consultations with colleagues or other relevant persons as appropriate.
r Obtain suitable authorisation where applicant seeks access to personal records on behalf of another person or with the authorisation of another person.

Third Party Consultation NB: to be initiated within 10 working days of receipt of request. The Acts allows an extension of this period by up to10 further working days in cases where there are a significant amount of records or a large number of third parties to be consulted.
Follow the guidance in CPU Notice No. 13.
r Consider whether the records coming within the scope of the request contain third party information.
r Undertake formal consultations if required under Section 29.

Extension of time (Section 9 of FOI Act & Chapter 5 of Manual - Processing FOI Requests Section). The standard 20 working days time limit for dealing with requests can be extended in certain limited circumstances. The requester must be notified of the extension before the end of the initial 20 working day deadline. The period of the extension must not exceed a further 20 working days.

MAKING THE DECISION
r What exemptions, if any, apply?
r Where required, is the injury or harm test satisfied?
r Consider views of third party, where appropriate.
r Consider what public interest factors apply.
r Take the decision based on the relevant facts.
r Record your deliberations as appropriate.
Access considerations
r Delete exempt material carefully e.g. using Post-it Correction Tape and photocopying.
r Is deferral of access relevant (Section 11 of Act - Chapter 7 of Manual - Processing FOI Requests Section)? If so, notify the applicant of the decision and the reasons for the deferral together with the rights of review and appeal.
r Form of access (S.12 of Act). How are the records to be accessed? Any special arrangements needed? See Guidance Note No. 17 prepared by the CPU on Section 6 (3) of the FOI Act to assist persons with a disability to exercise their rights under FOI.

NOTIFYING THE DECISION
r State the decision, the day on which the decision was made, the name and grade of the decision maker.
r If the request is granted, whether wholly or in part, state the day on which access to the record will be offered to the requester, the form of access, the period during which the record will be kept available and the amount of any fee payable.
r If the request is refused, whether wholly or in part, state the reasons for the refusal, and the following information (unless the refusal to confirm or deny provision is being invoked pursuant to Sections 19(5), 22(2), 23(2), 24(3), 26(4), 27(4) or 28(5A):
(a) any section of the act you are using to deny access - all relevant exemption provisions should be mentioned and you might consider enclosing a copy of any relevant sections, (b) the findings on any material issues relevant to the decision and (c) details of public interest issues taken into consideration in reaching the decision (i.e. arguments for and against release in the public interest, the weightings attached to them and the final outcome).
r List the exact records coming within the scope of the request - attach schedule of records.
r If the giving of access is deferred under Section 11, the reasons for the deferral the period of deferral.
r Explain the review and appeal rights to the requester, the steps the requester should take to exercise those rights, the time limits governing such exercise and the fees applicable to review applications.
r Notify the third party, where appropriate, indicating right and time limit of appeal.

RELEASE OF RECORDS
r Collect any appropriate fee due in respect of search/retrieval copying of records to be released..
r Obtain suitable identification where applicant seeks access by inspection of records which concern his/her personal information
r Release copies of records to the requester or copies of edited records

FOI Central Policy Unit
December 2003