• Some applicants make requests for access which are drafted in extremely broad terms and without any real knowledge that documents actually exist. Typically, such requests are in the form “All documents held on me”, or “All files relating to...”. If an agency receives a request of that nature, it should assist an applicant to formulate the request in more precise terms. For example, by explaining, subject to any exemptions, the nature and type of documents held, or by allowing an applicant to have access to a record data base if that would assist to identify the precise document required.

• If an applicant persists in presenting an ill-defined application, despite offers of assistance from an agency, the agency should contact the Advisory Services offered by the Information Commissioner before refusing to deal with the application.

• An agency has a duty to attempt to reduce the amount of work need to deal with a large application. The agency is required to take reasonable steps to help the applicant identify the documents required and change the application so that it complies with s.12 of the FOI Act. Reasonable steps include making arrangements to assist the applicant, and explaining the record-keeping system and the methods of storage and retrieval. However, the agency is not required to show a file or files to an applicant, nor is it required to provide unrestricted access to files to enable the applicant to decide what he or she wants.

• If a complaint is made to the Information Commissioner about an agency’s decision to refuse to deal with an access application, the agency must persuade the Commissioner that the work involved in dealing with the application in the form in which it is made, would substantially and unreasonably divert the resources of the agency away from its other operations. Relevant factors include:

• the number of documents or potential documents involved

• the location of those documents and the manner of storage or filing

• the number of people competent to identify the documents and the normal duties of those people

• the assistance provided by the agency to the applicant to change the application

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Dealing with problem applicants

Repeated requests

• There is nothing in the FOI Act to prevent an unsuccessful applicant from making another access application to an agency for the same documents to which access has previously been refused, particularly if the applicant believes that the law or the policy or the agency's position in respect of certain types of document may have changed.
  

• There may be a point at which repeated requests for the same documents could be viewed as vexatious. However, agencies do not have the power to decide that an application is vexatious, nor can they refuse to deal with it except under section 20 of the FOI Act. Agencies should use the Advisory services offered by the Information Commissioner to identify their options, rather than deciding that an application should be refused.