Late SAR response - Is it legally allowed?

Ok I applied for SAR back in February 2016 and to date haven't received it.

I did contact them after about 80 days of waiting but they basically said I'll have to keep waiting as my case isn't a priority.

I've contacted the ICO and apart from the generic email to confirm receipt of my complaint I haven't heard back from them.

What can I legally do? Can I sue the UKBA SAR Unit? Or there is nothing I can do and will have to just live with it.

Thanks.

Will have to live with it.

Or lost in the post by Royal Mail? Are you going to sue them too? Or sent to the wrong address? To be honest, with the amount of members we see on the forum applying for SARs (never mind the general public not posting on the forum), there is likely a slight delay or backlog with these requests.

lake1 wrote:Ok I applied for SAR back in February 2016 and to date haven't received it.

I did contact them after about 80 days of waiting but they basically said I'll have to keep waiting as my case isn't a priority.

I've contacted the ICO and apart from the generic email to confirm receipt of my complaint I haven't heard back from them.

What can I legally do? Can I sue the UKBA SAR Unit? Or there is nothing I can do and will have to just live with it.

Thanks.

Some of the more typically English characteristics that may develop as you spend more time (and integrate) in UK are keeping a stiff upper lip and reliance on British phlegm to see you through.

After all we've got that old London Blitz spirit to stiffen our upper lips and keep us going through the grimmest crises with barely a second thought. We don't have blood running through our veins, we have phlegm, that mysterious substance that makes us, well . . . phlegmatic.

We don't let torrential downpours ruin the annual church fete. We don't make a fuss if traffic grinds to a halt after two inches of snow, trapping us for an entire night in an outside lane near Bishop's Stortford.

If we come next to last in the Eurovision song contest (again), or fail to make even the quarter-finals in the Euros or the World Cup (football), well, "there, there, never mind" - there's always next time. And we've always got the memory of winning in 1966 to hang onto.

No one beats us at putting up with things. "Mustn't grumble." That's our motto. Or so we like to think.
Our faith in British phlegm is one of our most cherished national stereotypes.

At least half-term is over now and there are no more bank holidays for a few months so there will be no more delays due to such holidays.
In other words, suggest sit tight and it'll turn up sooner or later.

Can't stop laughing at your post @noajthan.

@CR001 it's not lost in post as like I stated they acknowledge they received it but just haven't processed it. Taking almost 3 times the duration they meant to take isn't slight delay. If it's lost by royal mail you can always get royal mail to compensate you.

Considering they are legally meant to process it within 40 days to take almost 3 times that and still haven't been processed isn't good enough.

Ok let's ignore me not moaning and having to live with it, let imagine it's for someone else, is there any legal avenue available to make them pay for the delay.

lake1 wrote:Can stop laughing at your post @noajthan.

@CR001 it's not lost in post as like I stated they acknowledge they received it but just haven't processed it. Taking almost 3 times the duration they meant to take isn't slight delay. If it's lost by royal mail you can always get royal mail to compensate you.

Considering they are legally meant to process it within 40 days to take almost 3 times that and still haven't been processed isn't good enough.

Ok let's ignore me not moaning and having to live with it, let imagine it's for someone else, is there any legal avenue available to make them pay for the delay.

I think the response time may be 40 days; perhaps for any response (??) so not necessarily the turnaround time. Not sure.

Anyway, fire away:

• The Customer Services Team
  Subject Access Request Unit
  UK Visas and Immigration
  17th Floor, Lunar House
  40 Wellesley Road
  Croydon
  CR9 2BY

https://www.gov.uk/government/publicati ... mmigration

Some tips on making a complaint - English style:
https://www.youtube.com/watch?v=AwZaqZaRe78

Have you seen the first episode of The Immigrant's Guide to Britain on Channel 4? One of the points covered over there is , just as noajthan's post covers, that the British don't complain about most things and look askance at people who do.

I would raise the matter with the ICO again. They are the enforcement body for the purposes of the DPA.

I am inclined to agree with Noajthan. There must be a response within 40 days even if that is not a deterministic or final response.

noajthan wrote:

lake1 wrote:Can stop laughing at your post @noajthan.

@CR001 it's not lost in post as like I stated they acknowledge they received it but just haven't processed it. Taking almost 3 times the duration they meant to take isn't slight delay. If it's lost by royal mail you can always get royal mail to compensate you.

Considering they are legally meant to process it within 40 days to take almost 3 times that and still haven't been processed isn't good enough.

Ok let's ignore me not moaning and having to live with it, let imagine it's for someone else, is there any legal avenue available to make them pay for the delay.

I think the response time may be 40 days; perhaps for any response (??) so not necessarily the turnaround time. Not sure.

Anyway, fire away:

• The Customer Services Team
  Subject Access Request Unit
  UK Visas and Immigration
  17th Floor, Lunar House
  40 Wellesley Road
  Croydon
  CR9 2BY

https://www.gov.uk/government/publicati ... mmigration

Some tips on making a complaint - English style:
https://www.youtube.com/watch?v=AwZaqZaRe78

I already contacted them hence the reply am not a priority and they said I should contact the ICO if am not happy.

I spoke with the ICO before I officially reported it to them and the lady said the delay isn't allowed and against the law, she advised me to make a formal complaint to them and they'll look into it.

I enjoy the YouTube clip, how dear me complain or moan.

It looks like requests under the Fast Track pilot may still be being accepted (whilst the results of the initial FT pilot are being evaluated).

It may be worth a shot firing off another request:
https://www.gov.uk/government/publicati ... rack-pilot

Be aware the main application form contains a caveat about repeat requests possibly not being entertained if made within 6 months;
but as the FT route is foc its zero risk.

secret.simon wrote:Have you seen the first episode of The Immigrant's Guide to Britain on Channel 4? One of the points covered over there is , just as noajthan's post covers, that the British don't complain about most things and look askance at people who do.

I would raise the matter with the ICO again. They are the enforcement body for the purposes of the DPA.

I am inclined to agree with Noajthan. There must be a response within 40 days even if that is not a deterministic or final response.

UKBA SAR Unit kept saying I can complain to the ICO I get the feeling they not bothered or afraid of the ICO.

I officially contacted the ICO about 2 weeks ago but nothing from them although I must say they stated in the generic email it might take 28 days to get a reference number.

All the country's departments are crippled with delay it must be ..............., oh sorry did I just moan again?

noajthan wrote:It looks like requests under the Fast Track pilot may still be being accepted (whilst the results of the initial FT pilot are being evaluated).

It may be worth a shot firing off another request:
https://www.gov.uk/government/publicati ... rack-pilot

Be aware the main application form contains a caveat about repeat requests possibly not being entertained if made within 6 months;
but as the FT route is foc its zero risk.

I've read somewhere they sometimes refuse all requests if you send another one, I won't want to take the risk of losing on both sides.

I didn't use the form, I hope I didn't break the secret code of integrating into the British live by not following the norm?

Given that after the requirement for holding a DCPR for EEA citizens applying for naturalisation was introduced, practically every such citizen must be applying for an SAR, I think the Home Office SAR team is experiencing the human equivalent of a DDOS(Distributed Denial Of Service attack). It does not help that the government is down-sizing at the same time as the demand for its services are going up.

Moaning and complaining is a continental European thing. We Brits just tsch-tsch and move on to the next cup of Earl-Grey (or equivalent afternoon tea). I really must pop by the vicarage for a cake and chat.

lake1 wrote:Ok I applied for SAR back in February 2016 and to date haven't received it.

I did contact them after about 80 days of waiting but they basically said I'll have to keep waiting as my case isn't a priority.

I've contacted the ICO and apart from the generic email to confirm receipt of my complaint I haven't heard back from them.

What can I legally do? Can I sue the UKBA SAR Unit? Or there is nothing I can do and will have to just live with it.

Thanks.

mine just come back , it took 52 days from the day they received my application . are u sure u filed the application properly , the very important things is your payment of 10£ , your HO references are correct and 2 proof of id with address , if u received ur acknowledjement letter u can email them using the reference quote on this letter

My SAR took about 8 weeks to come back.

my SAR came in 42 days and was happy with their service and record they have about me.

Did you get a letter saying they got your request in the first place?

Yes I did, funnily enough that letter came in the 3rd or 4th week I think.

I wonder if the delay is down to the amount of EEA citizens who got their DCPR in April/May after November's changes requiro DCPR for naturalisation, many of whom may have made SARs to get the date of PR since then?

Highly likely. I imagine UKVI will eventually realise they have shot themselves in the foot by not putting the actual PR date on the card, or making it easy for people to find out without an SAR.

In fact I expect they are desperately recruiting staff to the department which deals with data protection as they will have come under tremendously more work recently thanks to this.

ohara wrote:Highly likely. I imagine UKVI will eventually realise they have shot themselves in the foot by not putting the actual PR date on the card, or making it easy for people to find out without an SAR.

In fact I expect they are desperately recruiting staff to the department which deals with data protection as they will have come under tremendously more work recently thanks to this.

The card format and data field content may be mandated by EU law rather than by pragmatic UK officials.
If no cards Europe-wide have a 'PR date'-field specified then its probable the UK ones won't be able to.

Interesting signature btw.

noajthan wrote:The card format and data field content may be mandated by EU law rather than by pragmatic UK officials.
If no cards Europe-wide have a 'PR date'-field specified then its probable the UK ones won't be able to.

Interesting signature btw.

You're right, but there is a "remarks" section, and surely they could just put it in there?

Signature is just something I whipped up, the 'under consideration' part is a script which counts days since biometrics were enrolled, just gives me something to look at and be depressed about every day