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This change in the law is about providing more openness, transparency and accountability - giving you the right to know how, when and why decisions are made and actions taken, particularly when at taxpayer's expense.
For more details visit Office of Public Sector Information; otherwise, the following brief guide outlines the main points.
What is the Freedom of Information Act?
It gives you the right to access recorded information held by local authorities and other public bodies, in any format such as electronic, paper, film, photograph etc.
There are two parts to the Act, the Publication Scheme and the right of individual access to information.
The Publication Scheme
The Publication Scheme is a list of the classes of information we hold to which we will make available on a regular basis without waiting for specific requests.
Approved by the Information Commissioner, this was first published in February 2003 - with hard copies available in all our County libraries and Council offices or here on our website.
The officer responsible for the County Council's scheme is Nickki Hughes, West Well, County Hall, Chester, Cheshire, CH1 1SF, 01244 602248, email nickki.hughes@cheshire.gov.uk. Comments or complaints about the Publication Scheme should be addressed to her initially.
The individual right of access to information
From 1 January 2005, you have the right to ask us for information we hold, subject to a limited number of exemptions. There will be special rules for releasing information relating to the environment.
Policies and procedures which the Government expects public authorities to have in place to meet the requirements of the Act are set out in a special Code of Practice published by The Lord Chancellor's Department. For more details visit Department for Constitutional Affairs.
Who can apply for information?
Anyone, anywhere.
What sort of information can I ask for?
Any recorded information we hold which is not personal. Some other information may not be available because it is covered by an exemption - more details of which are explained later.
How can I find out what information is held about me?
By using the Data Protection Act
How can I apply for information?
You can write to us - by letter or email - at any County Council service point. All we need to know is your name and contact details and a description of the information that you want. There is no special form to use, nor do you have to say that you are applying under the Freedom of Information Act. If you know which Department or Service of the Council - for example Social Services or Highways - is likely to hold the information which you want, you should send it there. Otherwise you can simply send it to our designated Freedom of Information Officer who is
Nickki Hughes,
Room 45,
County Hall,
Chester,
Cheshire,
CH1 1SF,
01244 972248,
email Nickki Hughes
You can also use the Feedback form on our website to submit requests.
Do I have to say why I want information?
No; you can tell us if you like, but you do not have to. But you must remember that the information provided may be subject to copyright, so if you wish to make multiple copies or publish it in any way, you will need to let us know.
What if I am not sure how to describe the information I want?
Our trained staff at Information Points in our County libraries or reception staff in other Council offices will be happy to assist you. You can also telephone for help on 0845 1133311.
What kind of information would I be prevented from accessing?
Information covered by exemptions, which are reasons, provided by the Act, for not disclosing information. They are classified as either Absolute or Qualified (or non-absolute).
Absolute exemptions apply to
- Court records: this includes papers prepared for legal proceedings as well as court registers and records
- Personal data about you (covered by the Data Protection Act)
- Information provided in confidence, where disclosure would amount to an actionable breach of confidence
- Information which is available to you by other means, for example through the Publication Scheme. We will be happy tell you where you can find it.
Others also apply - such as Parliamentary privilege or information relating to security matters - but these are unlikely to relate to information we hold.
Qualified exemptions apply to information which could prejudice law enforcement, or be detrimental to health and safety or the effective conduct of public affairs.
Certain restrictions on information also relate to legal professional privilege, personal information concerning a third party, or commercial interests. If we think information is covered by a qualified exemption, we have to apply the Public Interest test. Requests for environmental information must also be handled in accordance with proposed new Government regulations.
What is the Public Interest Test?
Essentially this requires us to consider whether the public interest is better served by disclosure or refusal to disclose. The Information Commissioner, who is responsible for policing the Act, encourages disclosure when it
- furthers understanding of current public debates
- promotes accountability and transparency about how and why decisions are taken, and also in the spending of public money
- allows individuals to understand decisions which affect their lives
- highlights public safety issues
What happens if the information I want is covered by an exemption?
We will write to you to tell you our decision and the reasons for it.
Duty to confirm or deny
In some cases, we can refuse to confirm or deny whether we hold the information requested if it could compromise our legal obligations.
This applies to situations where confirming or denying that information is held has the effect of revealing details which should be protected by the exemption. In the case of qualified exemptions, the duty to deny or confirm can also be subject to the public interest test.
How soon will I get a response?
If we cannot supply the information you want straight away, we will contact you to let you know we are dealing with your request. You will then get a fuller reply within 20 working days (generally 4 weeks) of your initial request.
If we are unable to supply the information, or need to inform you that it cannot be disclosed - along with the reasons why - we will also let you know within that time.
In some cases, requests will be more complex as the information may be more difficult to retrieve, or we may need to consult others before deciding on our response. We will then contact you before the 20 days have passed to let you know how much more time we need.
Can I choose how I receive the information?
Generally we can supply information in one of three ways: as a simple copy, an edited digest or summary; or, if the information is very bulky, you can consult our records yourself to get the details you need. We will try to comply with your preference, but we cannot guarantee to do so. If you have any special needs please tell us so that we can see what arrangements can be made.
Are there any charges for supplying information?
No, there is no fee - but we cannot undertake to supply information which costs us more than £450 to provide. There may be a charge for costs such as photocopying.
How do you know how much a search will cost?
We will have to estimate how much staff time will be spent in locating and retrieving the information you need. If this is likely to be more than two and a half days, then it will exceed the cost ceiling.
What if my request could cost more than £450?
We will let you know how much of the information you want can be supplied within that cost limit.
What if you do not hold the information I want?
We will let you know as soon as possible, and if we can, tell you where we think you might find it.
What if I am not satisfied with your response to my request?
If we are slow in responding, or you have any other concerns about the process, please contact our Freedom of Information Officer (details as above).
If you are not satisfied with the completeness of the information supplied or with our decision not to supply all or part of what you requested, then you should write to the Freedom of Information Officer stating your objections and your reasons for them.
Firstly, we will try to resolve the matter informally. If this is not successful, your complaint will then subject to our official complaints procedure. It will be impartially considered by a County Manager who has not been involved in the decision; he or she will review the decision and your objections and come to a judgment on whether the law has been applied and interpreted correctly. When this process begins we will let you know how soon you can expect a decision.
If you are still not satisfied, you have a right to apply to the Information Commissioner :
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
Email: mail@ico.gsi.gov.uk
Fax: 01625 524 510
Publication Scheme Introduction |