freedom of information.co.uk

The Freedom of Information Act covers almost all public authorities, which are estimated to number around 100,000 (there are a few exceptions – see Exemptions section).   The Act is retrospective, so applies to historical documentation as well as that generated post-act. 

The public authorities covered by the FOIA include:

• Central government departments, eg; the Home Office and the Ministry of Defence.
• NHS organisations, from health authorities to hospital trusts, GP surgeries, pharmacies, dentists and opticians.
• Schools, colleges and universities.
• Regulatory bodies, such as Ofcom and the Charities Commission.
• Local authorities, from parish councils upwards.
• Non-departmental bodies, which includes everything from the Environment Agency to the British Potato Council.

These public authorities have three main obligations:

• Maintain publication schemes (see below) for the proactive release of information. 
• Confirm or deny to applicants whether they hold information not covered by the publication scheme.
• Disclose the information to applicants, providing it is not exempt under the Act. 

Publication schemes

Publication schemes are systems for the proactive release of information.  The type of information normally released via publication schemes would include such things as:

• Details of service and financial performance targets and related performance data.
• Board meeting agendas and minutes.
• Organisational information, including a who’s who of senior staff, their responsibilities and contact details, and staff rules and internal guidance. 
• Financial information, such as sources of income, fund-raising and how money allocated between difference functions and departments.
• Information on the authority’s decision-making process. This might include, internal reports and inquiries and the decisions emanating from them. 

Almost all the public authorities covered by the Act now have active publication schemes, which are generally accessible via their websites. The schemes must be approved by the Information Commissioner, with the approval time limited to four years. In the spirit of the Act they should be regularly reviewed and updated. 

Information requests

On receiving your information request, public authorities must acknowledge and log it.  They must then answer the request within 20 working days, unless they are unsure whether the information should be exempt, in which case they are allowed more time for consultation.  They have no right to ask the reason for your request.

Although authorities can refuse vexatious requests and those that would be disproportionately expensive to meet, the Act requires them to help you as far as is reasonable.   The word ‘reasonable’ is open to interpretation, but the Lord Chancellor’s Code of Practice provides helpful guidance.  If it’s not clear what information you’re seeking, the authority must ask you to clarify and if your request is too broad it should suggest you submit a narrower request.  The authority can help you by, for example, setting out some of the available options, or, if such things are available, giving you access to information indexes and catalogues. If there is a cost barrier to meeting a request the authority could outline the information it could supply within the cost ceiling.  If you don’t respond to the authority’s efforts, the authority is not obliged to take further action. 

Hopefully most information requests will be more straightforward.  In replying to standard requests the authority must set out:

• What information it holds on the subject you have specified, providing this information is not itself exempt.
• The information it is releasing.
• The information that is exempt from disclosure and therefore not being released, again providing this information is not exempt.
• Details of the relevant exemptions.

Wherever possible the information must be provided in the manner you request, for example photocopies, or computer files.  
 
Complaints procedure

Public authorities must have an internal review procedure in place in case you wish to complain against a decision to withhold information.  Once it receives your complaint, the authority should send you confirmation and tell you when you can expect a response.

Records management 

The public right of access to information can only be realised if public authorities organise all their data effectively.  This principle applies equally to paper and electronic records.  Under section 46 of the Act, the Lord Chancellor has produced a code of practice on the management of records.  Failure to comply with the Code may be a breach of other legislation, including the Public Records Act, the Data Protection Act, the Local Government Act and the Human Rights Act.

Authorities routinely pass on information to other bodies, or individuals, for a variety of administrative reasons.  In such cases they must keep a proper record of the transfer.  Under the Code of Practice, if an authority holds some of the information you have requested, but believes another authority has other parts, it must inform you what it holds.