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Freedom of Information Guide
Freedom of Information Act 2000
Summary of Rights of Access to Information
Contents:-
- 1. Introduction to the Freedom of Information Act 2000
- 2. Publication Scheme
- 3. General Right of Access
- 4. How to obtain information held by the Council
- 5. Refusals
- 6. Exemptions
- 7. Fees
- 8. Comments and complaints
1. Introduction to the Freedom of Information Act
The Freedom of Information Act applies to all public bodies, including health authorities, government departments, the police and all local authorities, including North Wiltshire District Council.
One of the intended aims of the Act was to help develop a culture of openness within public bodies thereby raising public confidence in the process of government. The Act sets out to achieve this aim by placing two new responsibilities on the District Council and on all public bodies.
Firstly there is a requirement for the Council to produce and maintain a Publication Scheme. This is a document that sets out details of all the information that the Council publishes and explains how that information may be obtained.
Secondly, the Act provides a general right of access to information held by the Council. Under these provisions, any person may make a written request for any information held by the Council. The information requested must then be provided within 20 working days of receipt of the request, unless one of the exemptions in the Act applies, or unless there are otherwise legitimate reasons for refusing to comply with the request, as provided for in the Act. Further details of these provisions, including how to make a request for information are set out below.
2. The Publication Scheme
The Council’s Publication can be found on the Council’s website www.northwilts.gov.uk and copies of it are also held at the Council’s Offices at Monkton Park and at libraries within the District. It is essentially a guide to the information that the Council publishes or intends to publish. The Publication Scheme specifies the following:-
The Freedom of Information Act applies to all public bodies, including health authorities, government departments, the police and all local authorities, including North Wiltshire District Council.
One of the intended aims of the Act was to help develop a culture of openness within public bodies thereby raising public confidence in the process of government. The Act sets out to achieve this aim by placing two new responsibilities on the District Council and on all public bodies.
Firstly there is a requirement for the Council to produce and maintain a Publication Scheme. This is a document that sets out details of all the information that the Council publishes and explains how that information may be obtained.
Secondly, the Act provides a general right of access to information held by the Council. Under these provisions, any person may make a written request for any information held by the Council. The information requested must then be provided within 20 working days of receipt of the request, unless one of the exemptions in the Act applies, or unless there are otherwise legitimate reasons for refusing to comply with the request, as provided for in the Act. Further details of these provisions, including how to make a request for information are set out below.
2. The Publication Scheme
The Council’s Publication can be found on the Council’s website www.northwilts.gov.uk and copies of it are also held at the Council’s Offices at Monkton Park and at libraries within the District. It is essentially a guide to the information that the Council publishes or intends to publish. The Publication Scheme specifies the following:-
- The types or ‘classes’ of information that the Council publishes or intends to publish;
- The manner in which that information is published – i.e. whether it is available in hard copy, on the Council’s website or by some other means
- Whether or not there is a charge for the provision of that information.
The Publication Scheme should be the first point of reference for anyone seeking information held by the District Council. Before submitting a formal request for information under the Act, you should check to see whether the information you wish to obtain is contained in the Publication Scheme. If so, you should contact the Council on 01249 706111 to request a copy of it. You will be told if there is a charge for providing the information and, if so, how to make the necessary payment. Some information in the Publication Scheme may also be downloaded direct from the Council’s website.
Any information you request from the Council’s Publication Scheme should be sent to you promptly following your request, or receipt of payment if appropriate. If you feel that there has been an unnecessary delay in the information being provided to you, or you have any other complaints about the way in which you request for a copy of information on the Council’s Publication Scheme has been handled, you should contact the Council and ask for a copy of the Complaints Procedure. If you are still dissatisfied with the way in which your request for information from the Council’s Publication Scheme was dealt with, you can contact the Information Commissioner, whose address is given at the end of this Guide.
3. General Right of Access to Information
From January 2005 there is a general right of access to all information held by public bodies. This is in addition to the right to obtain a copy of any document listed in the Council’s Publication Scheme. Any person who makes a written request for information to the Council from that date must be informed whether the Council holds the information and, if so, the Council must communicate that information to them. There are some exemptions to this general right of access, which are discussed in more detail below. This right applies to information held by the Council in any form ( i.e. electronic or paper format) and applies also to information which is held by another person or organisation on behalf of the Council. The Council also has a duty to provide reasonable advice and assistance to anyone who has made, or who proposes to make, a request for information under the Act.
4. How to Apply for Information Held by the Council
To be valid, a request for information must:-
Any information you request from the Council’s Publication Scheme should be sent to you promptly following your request, or receipt of payment if appropriate. If you feel that there has been an unnecessary delay in the information being provided to you, or you have any other complaints about the way in which you request for a copy of information on the Council’s Publication Scheme has been handled, you should contact the Council and ask for a copy of the Complaints Procedure. If you are still dissatisfied with the way in which your request for information from the Council’s Publication Scheme was dealt with, you can contact the Information Commissioner, whose address is given at the end of this Guide.
3. General Right of Access to Information
From January 2005 there is a general right of access to all information held by public bodies. This is in addition to the right to obtain a copy of any document listed in the Council’s Publication Scheme. Any person who makes a written request for information to the Council from that date must be informed whether the Council holds the information and, if so, the Council must communicate that information to them. There are some exemptions to this general right of access, which are discussed in more detail below. This right applies to information held by the Council in any form ( i.e. electronic or paper format) and applies also to information which is held by another person or organisation on behalf of the Council. The Council also has a duty to provide reasonable advice and assistance to anyone who has made, or who proposes to make, a request for information under the Act.
4. How to Apply for Information Held by the Council
To be valid, a request for information must:-
- be in writing ( including e-mail)
- state the name of the applicant and an address for correspondence
- describe the information requested
There is no prescribed form which needs to be used. A letter is sufficient. However, the Council has produced a form which it would encourage you to use when making an request for information. This can be found on the
Council’s web-site and is also available from the Council offices. Use of this form would assist the Council is locating the information you are seeking.
The written request should be sent to the FOI Coordinator, Corporate Services, North Wiltshire District Council, Monkton Park, Chippenham, Wiltshire, SN15 1ER or by e-mail to freedomofinfo@northwilts.gov.uk. Within three working days of receipt you will be sent an acknowledgement of your request. The information you have requested will then normally be sent to you within 20 working days of receipt of your request. At the time your request is acknowledged, you will also be told whether there is a charge for supply of the information and, if so, you will be sent a Fees Notice explaining how to make payment. Where such payment in advance is required, the 20 day time period for supplying you with the information requested will be suspended until such time as payment is received. If payment of the sum requested is not received within three months no further action will be taken on your request.
The Council can charge any photocopying or postage costs incurred, but you will not be charged for the officer time taken to provide you with the information requested, unless these costs would exceed £450.
You will also be contacted if the Council requires further details from you to identify the information you are seeking. Again, if such clarification is sought, the 20 day period for providing you with the information will be suspended until the Council has received the necessary details from you to identify the information you are requesting.
You may ask for the information you are requesting to be sent to you as a paper copy or in another format ( e.g. electronic). The Council will ,as far as is reasonably practicable, seek to meet your preferences, although this will depend on the relative costs of providing the information in different formats.
If you do not want a copy of the information, but merely want to inspect it, you may instead ask for the opportunity to do so.
5. Refusal of a Request
The Council may only refuse to comply with a request for information in the following circumstances :-
Council’s web-site and is also available from the Council offices. Use of this form would assist the Council is locating the information you are seeking.
The written request should be sent to the FOI Coordinator, Corporate Services, North Wiltshire District Council, Monkton Park, Chippenham, Wiltshire, SN15 1ER or by e-mail to freedomofinfo@northwilts.gov.uk. Within three working days of receipt you will be sent an acknowledgement of your request. The information you have requested will then normally be sent to you within 20 working days of receipt of your request. At the time your request is acknowledged, you will also be told whether there is a charge for supply of the information and, if so, you will be sent a Fees Notice explaining how to make payment. Where such payment in advance is required, the 20 day time period for supplying you with the information requested will be suspended until such time as payment is received. If payment of the sum requested is not received within three months no further action will be taken on your request.
The Council can charge any photocopying or postage costs incurred, but you will not be charged for the officer time taken to provide you with the information requested, unless these costs would exceed £450.
You will also be contacted if the Council requires further details from you to identify the information you are seeking. Again, if such clarification is sought, the 20 day period for providing you with the information will be suspended until the Council has received the necessary details from you to identify the information you are requesting.
You may ask for the information you are requesting to be sent to you as a paper copy or in another format ( e.g. electronic). The Council will ,as far as is reasonably practicable, seek to meet your preferences, although this will depend on the relative costs of providing the information in different formats.
If you do not want a copy of the information, but merely want to inspect it, you may instead ask for the opportunity to do so.
5. Refusal of a Request
The Council may only refuse to comply with a request for information in the following circumstances :-
- Where the information is exempt from disclosure ( see below)
- Where the Council reasonably requires further details from the applicant to identify and locate the information being requested and has asked for such further details, but the applicant has failed to provide them;
- Where a request is vexatious.
- Where the council has previously complied with an identical or substantially similar request from the same applicant in the recent past.
- Where the Council estimates that the cost of complying with the request would exceed the amount set out in Regulations ( called the ‘appropriate limit’). This limit is currently set at £450 for local authorities.
Where the Council proposes to refuse a request on grounds c.d. or e above it will give you a notice setting out why your request is being refused. If the Council is not complying with your request because it considers that the information you have requested is exempt from disclosure, it will generally give you a notice specifying the exemption and explaining why it applies. Any such notice will also explain your rights to complain against the Council’s decision to refuse to provide you with the information you have requested.
6. The Exemptions
The Freedom of Information Act provides a number of exemptions from the general rights of access to information held by public bodies. Some of these exemptions are stated to be ‘absolute’ and others are ‘qualified’.
If the information sought falls within the terms of an absolute exemption, there is no duty on the Council to provide the information requested, or even to confirm or deny that it holds that information.
If, however, the information requested falls within the terms of a qualified exemption, then the Council are required to apply a ‘public interest test’ before deciding whether or not to disclose the information. This means that the Council must decide whether the public interest in maintaining the exemption, (and thereby not disclosing the information), outweighs the public interest in disclosing the information. This test must be applied in each case, where a qualified exemption applies. There is no definition of the ‘public interest’, and it must be remembered that what is in the public interest is not necessarily the same as something which may be of interest to the public.
There are 23 categories of exemptions set out in the Act, many of which are unlikely to be relevant to the District Council. A full list is set out at the end of this Guide. The following are the main exemptions that may apply to information held by the Council:-
6. The Exemptions
The Freedom of Information Act provides a number of exemptions from the general rights of access to information held by public bodies. Some of these exemptions are stated to be ‘absolute’ and others are ‘qualified’.
If the information sought falls within the terms of an absolute exemption, there is no duty on the Council to provide the information requested, or even to confirm or deny that it holds that information.
If, however, the information requested falls within the terms of a qualified exemption, then the Council are required to apply a ‘public interest test’ before deciding whether or not to disclose the information. This means that the Council must decide whether the public interest in maintaining the exemption, (and thereby not disclosing the information), outweighs the public interest in disclosing the information. This test must be applied in each case, where a qualified exemption applies. There is no definition of the ‘public interest’, and it must be remembered that what is in the public interest is not necessarily the same as something which may be of interest to the public.
There are 23 categories of exemptions set out in the Act, many of which are unlikely to be relevant to the District Council. A full list is set out at the end of this Guide. The following are the main exemptions that may apply to information held by the Council:-
- Information Accessible to the Applicant by Other Means
This is an absolute exemption. Whether a particular piece of information is readily accessible to the applicant by other means is a question of fact in each case. Information may be regarded as readily accessible even if it can only be accessed or obtained on payment. Information which is included in the Council’s Publication Scheme is likely to be regarded as falling within this exemption. Therefore, it is important to check whether the information you are seeking is contained in the Publication Scheme, before you make a formal request for information under the access provisions of the Act. - Information Intended for Future Publication
This is a qualified exemption. The Council may withhold information which, at the time the request for disclosure is received, it intends to publish at some future date. This would cover, for example, drafts of policies or other documents which were still the subject of consultation and which were not, therefore in their final version. - Information Relating to Investigations and Proceedings
This is a qualified exemption. This exemption would cover information held by the Council relating to investigations carried out by the Council which could lead to enforcement action being taken against any person, or to criminal proceedings being instituted. It would cover, for example, investigations relating to planning enforcement, the control of statutory nuisances and benefit fraud. - Information Relating to Law Enforcement
This is a qualified exemption. Information is exempt under this provision if its disclosure would prejudice the prevention or detection of crime or if it would prejudice any of the Council’s functions relating to its regulatory or enforcement powers, including those involving health and safety. - Information relating to Court Records
This is an absolute exemption and covers any documents that have been filed with a Court or which have been served by or on the Council in connection with any court proceedings. - Environmental Information
This is a qualified exemption and is included as there are separate regulations covering the disclosure of certain types of environmental information held by the Council, including, for example, information relating to contaminated land. The rights of access to any environmental information held by the Council are, however, broadly similar to those in the Freedom of Information Act. If the information you are requesting falls within the Environmental Information Regulations procedures, you will be advised how your request will be dealt with. - Personal Information
This is a significant exemption and covers any information which constitutes personal data for the purposes of the Data Protection Act 1998. If an individual requests a copy of personal data relating to themselves, then it will be dealt with as a Subject Access request under the Data Protection Act and will not be treated as a request under the Freedom of Information Act. There is a separate procedure for dealing with such requests, details of which can be obtained from the Council’s Data Protection Officer on 01249 706598, or from the Council’s website.
If the information requested includes information relating to an individual other than the person making the request, then it is dealt with under the Freedom of Information Act. In those circumstances, the Council will need to consider whether disclosure of that information would breach any of the data protection principles. These are the eight principles in the Data Protection Act which restrict the uses of personal data held by an organisation. It may be necessary for the Council to contact the individual concerned, before making a decision on whether or not to disclose personal data about them to another person. - Information Provided in Confidence
This is an absolute exemption and covers information which was obtained by the Council from another party and where disclosure of that information would, in law, constitute a breach of confidence. The fact that information is marked ‘Confidential’ does not necessarily mean that it falls within this exemption. It will depend on the nature of the information and the circumstances under which it was obtained. - Legal Professional Privilege
This is a qualified exemption and covers certain communications between the Council and its legal advisers - Commercial Interests
This is a qualified exemption and applies where the disclosure of information would be likely to prejudice the commercial interests of the Council, or of any other person. It would apply, for example, to certain financial information held by the Council in connection with its contracts with other organisations.
As mentioned above, there are a number of other potential exemptions, set out later in this guide, although these are unlikely to apply to information held by the Council.
7. Comments and Complaints
If you are unhappy with the way in which the Council has dealt with a request for information made by you under the Act, you should, in the first instance, contact the Freedom of Information Coordinator, who will arrange for one of the Council’s Strategic Managers to carry out an internal review. You will be advised as to how such a review will be carried out. If you are still not satisfied after this internal review, you have the right to complain to the Information Commissioner, who is responsible for enforcing the Act. He can be contacted at the following address:-
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545700
Website : www.informationcommissioner.gov.uk
Email: foi@dpexecutive.demon.co.uk
7. Comments and Complaints
If you are unhappy with the way in which the Council has dealt with a request for information made by you under the Act, you should, in the first instance, contact the Freedom of Information Coordinator, who will arrange for one of the Council’s Strategic Managers to carry out an internal review. You will be advised as to how such a review will be carried out. If you are still not satisfied after this internal review, you have the right to complain to the Information Commissioner, who is responsible for enforcing the Act. He can be contacted at the following address:-
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545700
Website : www.informationcommissioner.gov.uk
Email: foi@dpexecutive.demon.co.uk
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