Subject Access Request Manifestly Unfounded or Excessive Assessment Procedure

This procedure applies to [school name] when considering whether a subject access request may be manifestly unfounded or excessive and whether refusal, partial refusal or a fee should be considered.

1. Assess the request on its own merits

The person responsible for the assessment must consider each request individually. Do not apply a blanket policy, and do not assume that a request is manifestly unfounded or excessive simply because the requester has previously submitted a similar request.

Record the request considered, the factors taken into account and the reasoning for the assessment under reference [assessment reference] on [assessment date].

2. Consider all the circumstances

Consider all the circumstances of the request, including relevant factors beyond the request itself or the right of access.

Previous freedom of information requests, service-level complaints and exercises of other data protection rights may be considered only where the available evidence shows that they are directly linked to this subject access request and indicate a pattern of unreasonably repetitive or malicious behaviour.

Do not rely on previous interactions merely because they occurred. Do not make a blanket rule or automatic assumption based on those interactions.

3. Apply the high threshold

Before concluding that the request is manifestly unfounded or excessive, establish why any broader factors are directly linked to the request and whether the behaviour forms a pattern of unreasonably repetitive or malicious behaviour that might indicate that the request is manifestly unfounded or excessive.

A previous request, complaint or exercise of another data protection right, considered alone, is not enough to establish the required pattern.

4. Record the decision

If the assessment concludes that the request is manifestly unfounded or excessive, record strong justifications for that conclusion. The record must explain how the request was considered on its own merits, which circumstances were considered, any directly linked broader factors, and how the evidence supports the conclusion.

5. Explain the decision

Provide the requester with a clear explanation of the decision and its strong justifications. Where necessary, ensure that the explanation can also be provided to the Information Commissioner's Office.

The decision must be approved by [decision maker role] before it is communicated.