Freedom of Information What does it mean for us

1
Freedom of InformationWhat does it mean for us?

• Introductory Awareness Session
• April 20th 2005

2
Who we are

• ICT Management and Development Unit
• Education, Leisure and Community Services
• John Herd
• Principal ICT Development Officer

3
Background

• Task Group
• Secondary schools, Primary Schools, Special
  Schools, Welsh Medium Schools, BCBC Audit, ICT
  MDU
• Gathering Information
• The Final Document
• Awareness Sessions

4
Data and Information

• There are three main mechanisms for requesting
  information
• Data Protection Act
• Environmental Information Regulations
• Freedom of Information Act
• A request for information could fall under one or
  more of the above acts

5
Freedom of Information Act

• Passed November 2000
• Came into force in stages
• Fully implemented from January 2005
• Covers all public authorities
• Fully retrospective
• Promotes openness and accountability
• Confers a statutory right to information to any
  individual

6
Business as Usual?

• Common sense approach
• Telephone queries
• If simple, deal with
• If complex, ask enquirer for request to be put in
  writing
• Recognising a FOI request

7
Requests for Information

• Must be in writing
• Letter, fax, email
• Must include the applicants name and address
• Must describe the information requested
• Applicants do not need to refer to the act or
  state their reasons for the request

8
What Information?

• The act covers all information regardless of the
  format in which it is held
• The act allows for exemptions
• Absolute exemptions
• Qualified exemptions
• Public Interest test
• Embarrassment is not an exemption

9
Advice and Assistance

• A duty to provide reasonable advice and
  assistance to applicants
• A duty to confirm or deny that the requested
  information is held
• Requests for information must be dealt with
  within 20 working days of receiving the request,
  excluding school holidays

10
Publication Schemes

• The act requires all public bodies to have
  publication schemes in place
• These set out
• Classes of information held
• Where the information can be accessed and if a
  charge is applicable
• Model publication schemes
• Bespoke publication schemes

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Reasons for not Complying

• Four reasons for not complying with a valid
  request for information
• Information not held
• One or more exemptions apply
• Cost threshold reached
• Vexatious or repeated requests
• The duty to provide advice and assistance still
  applies

12
The Role of the Governing Body

• Responsibility for ensuring the school complies
  with FOIA
• Wilful concealment, alteration or destruction of
  information once requested is a criminal offence
• Information must be provided in the format
  requested where reasonably practical

13
The Role of the Governing Body

• Delegate day to day responsibility to the
  headteacher
• Consider designating an individual with
  responsibility for FOIA
• Consider the training needs of staff
• Ensure efficient records management
• Keep records of requests, refusals and complaints

14
Complaints

• Should follow schools existing complaints
  procedure
• Should be handled by someone not involved in the
  original decision
• If overturned, question procedures and amend if
  necessary
• If upheld, inform applicant of the right to
  appeal to the Information Commissioner

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Process Map
Request for information
By telephone
In writing
Ask for request In writing
Information Held?
Simple Query?
Yes
No
No
Information held by another public body?
Yes
Yes
Transfer request, inform applicant
To next stage
Provide information
Inform applicant information not held
No
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Process Map
Request for information
By telephone
In writing
Ask for request In writing
Information Held?
Simple Query?
Yes
No
No
Information held by another public body?
Yes
Yes
Transfer request, inform applicant
To next stage
Provide information
Inform applicant information not held
No
17
Process Map
Request for information
By telephone
In writing
Ask for request In writing
Information Held?
Simple Query?
Yes
No
No
Information held by another public body?
Yes
Yes
Transfer request, inform applicant
To next stage
Provide information
Inform applicant information not held
No
18
Process Map
Request for information
By telephone
In writing
Ask for request In writing
Information Held?
Simple Query?
Yes
No
No
Information held by another public body?
Yes
Yes
Transfer request, inform applicant
To next stage
Provide information
Inform applicant information not held
No
19
Process Map
Request for information
By telephone
In writing
Ask for request In writing
Information Held?
Simple Query?
Yes
No
No
Information held by another public body?
Yes
Yes
Transfer request, inform applicant
To next stage
Provide information
Inform applicant information not held
No
20
Process Map
Request for information
By telephone
In writing
Ask for request In writing
Information Held?
Simple Query?
Yes
No
No
Information held by another public body?
Yes
Yes
Transfer request, inform applicant
To next stage
Provide information
Inform applicant information not held
No
21
Process Map
Personal information?
Provide information or explain where it can be
found
No
Environmental issues?
Yes
No
Already published?
Yes
Treat as request under Data Protection Act
Yes
No
Treat as request under Environmental
Information Regulations
To next stage
22
Process Map
Personal information?
Provide information or explain where it can be
found
No
Environmental issues?
Yes
No
Already published?
Yes
Treat as request under Data Protection Act
Yes
No
Treat as request under Environmental
Information Regulations
To next stage
23
Process Map
Personal information?
Provide information or explain where it can be
found
No
Environmental issues?
Yes
No
Already published?
Yes
Treat as request under Data Protection Act
Yes
No
Treat as request under Environmental
Information Regulations
To next stage
24
Process Map
Personal information?
Provide information or explain where it can be
found
No
Environmental issues?
Yes
No
Already published?
Yes
Treat as request under Data Protection Act
Yes
No
Treat as request under Environmental
Information Regulations
To next stage
25
Process Map
Personal information?
Provide information or explain where it can be
found
No
Environmental issues?
Yes
No
Already published?
Yes
Treat as request under Data Protection Act
Yes
No
Treat as request under Environmental
Information Regulations
To next stage
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Process Map
Concerns about release?
Absolute exemption?
Yes
Yes
One or more exemptions?
No
No
Dont provide information Send refusal notice to
applicant
Yes
No
Public interest test requires disclosure?
Information must be disclosed
Yes
Check with responsible person
no
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Process Map
Concerns about release?
Absolute exemption?
Yes
Yes
One or more exemptions?
No
No
Dont provide information Send refusal notice to
applicant
Yes
No
Public interest test requires disclosure?
Information must be disclosed
Yes
Check with responsible person
no
28
Process Map
Concerns about release?
Absolute exemption?
Yes
Yes
One or more exemptions?
No
No
Dont provide information Send refusal notice to
applicant
Yes
No
Public interest test requires disclosure?
Information must be disclosed
Yes
Check with responsible person
no
29
Process Map
Concerns about release?
Absolute exemption?
Yes
Yes
One or more exemptions?
No
No
Dont provide information Send refusal notice to
applicant
Yes
No
Public interest test requires disclosure?
Information must be disclosed
Yes
Check with responsible person
no
30
Process Map
Concerns about release?
Absolute exemption?
Yes
Yes
One or more exemptions?
No
No
Dont provide information Send refusal notice to
applicant
Yes
No
Public interest test requires disclosure?
Information must be disclosed
Yes
Check with responsible person
no
31
Process Map
Concerns about release?
Absolute exemption?
Yes
Yes
One or more exemptions?
No
No
Dont provide information Send refusal notice to
applicant
Yes
No
Public interest test requires disclosure?
Information must be disclosed
Yes
Check with responsible person
no
32
Process Map
Charge appropriate?
Charges more than 450?
Yes
Yes
No
No
Not obliged to provide information, send refusal
or charge
Provide the requested information
Can the 20 day deadline be met?
Yes
No
Inform applicant of amount await payment, then
Inform applicant with reasons, then
33
Process Map
Charge appropriate?
Charges more than 450?
Yes
Yes
No
No
Not obliged to provide information, send refusal
or charge
Provide the requested information
Can the 20 day deadline be met?
Yes
No
Inform applicant of amount await payment, then
Inform applicant with reasons, then
34
Process Map
Charge appropriate?
Charges more than 450?
Yes
Yes
No
No
Not obliged to provide information, send refusal
or charge
Provide the requested information
Can the 20 day deadline be met?
Yes
No
Inform applicant of amount await payment, then
Inform applicant with reasons, then
35
Process Map
Charge appropriate?
Charges more than 450?
Yes
Yes
No
No
Not obliged to provide information, send refusal
or charge
Provide the requested information
Can the 20 day deadline be met?
Yes
No
Inform applicant of amount await payment, then
Inform applicant with reasons, then
36
Process Map
Charge appropriate?
Charges more than 450?
Yes
Yes
No
No
Not obliged to provide information, send refusal
or charge
Provide the requested information
Can the 20 day deadline be met?
Yes
No
Inform applicant of amount await payment, then
Inform applicant with reasons, then
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• Freedom of Information Act 2000
• A guide for Bridgend Schools
• Can be downloaded from
• www.bridgend.gov.uk/Web1/groups/public/documents/s
  ervices/002871.hcsp
• or
• www.bridgendgfl.net (Managers Area)
• More advice www.governornet.co.uk