Objecting to a Woo Decision in Utrecht

If your Woo request in Utrecht is (partly) rejected, you can lodge an objection. This must be done within a period of 6 weeks.

When can you lodge an objection?

An objection is possible in the following situations:

• Your request is fully rejected
• You receive only part of the requested information
• Too much information has been made illegible (redacted)
• The decision was taken too late (exceedance of the decision period)

Reasons for objection

In your notice of objection, you can for example state:

• The reason for rejection is not valid
• The interest of transparency outweighs the reason for refusal
• Too much information has been unjustly redacted
• Not all relevant documents have been included in the decision

Steps in the objection procedure

1. lodge your objection within the 6-week period
2. Request the available documents (except the refused ones)
3. Usually a hearing takes place
4. The administrative authority decides on your objection

Challenge: unknown documents

A complication in Woo objections is that you do not know the rejected documents. This makes it difficult to argue specifically. In an appeal procedure, the court can view these documents confidentially.

To the court

If the decision on your objection is not satisfactory, you can institute an appeal at the court, such as the District Court of Midden-Nederland (Vrouwe Justitiaplein 1, Utrecht). The judge can inspect the refused documents and assess whether the rejection was justified.

Frequently asked questions about Woo objection

Practical questions and answers

How do I lodge an objection against a Woo decision in Utrecht?
Send a notice of objection to the administrative authority that took the decision, within 6 weeks after the decision. Explain why you disagree and use the grounds from this article. This can be done by post or digitally, depending on the authority's procedure. Always keep a copy and proof of sending.

What happens during a hearing?
At a hearing, you can orally explain your position. The administrative authority provides explanation about their decision. You can ask questions and bring additional arguments. Prepare well by writing down your points. The hearing is often public, unless sensitive information is discussed.

Can I get support for an objection?
Yes, you can seek help from a lawyer or a legal advice centre such as the Juridisch Loket Utrecht (Catharijnesingel 55). The Juridisch Loket often offers free or affordable advice. Interest organisations with experience in Woo cases can also help. Take into account the 6-week period.

What if no decision is taken on my objection in time?
If after 6 weeks (or maximum 12 weeks) no decision has been taken, you can claim a penalty payment or go directly to appeal at the court for failure to decide in time. First send a notice of default with an additional period of for example 2 weeks.

How does confidential inspection by the judge work?
During an appeal, the judge can view the refused documents in confidence to judge the lawfulness of the refusal. You do not see these documents, but the judge can decide whether the rejection is correct according to the Woo and shares a reasoned judgment without confidential details.

What does an objection or appeal procedure cost?
Lodging an objection is generally free of charge. For appeal at the court, you pay court fees, between €50 and €500, depending on your situation. If you win, you can often get this back. Legal assistance may involve additional costs, but some insurances cover this.

Can I submit a new Woo request after rejection of objection?
Yes, a new request is possible, but ensure a strong substantiation. Without new arguments or facts, the chance of success is small.