Freedom of Information Requests

Information Management Framework Access to Information Access to Information Environmental Information Regulations 2004 Environmental Information Regulations 2004 Records Management Records Management Freedom of Information Act 2000 Freedom of Information Act 2000 Re-use of Public Sector Information Regulations 2005 Re-use of Public Sector Information Regulations 2005 Data Protection Act 1998 Data Protection Act 1998 Information Security Information Security Human Rights Act 1998 Human Rights Act 1998

Publication Scheme Access to Information Access to Information

Freedom of Information Request? Must be in ‘writing’ (letter, , fax) Can be for any information held by public authorities We must provide information…but only if we hold it Within 20 working days

Critical Factors The Freedom of Information Act 2000 gives people a 'right of access' to information Process is 'applicant blind' Process is 'motive blind'

Requests: Current Process Request Received ServiceArea ReviewImplications InformationComplianceHelpdeskIssueFormalResponse Check/ApproveResponse GatherInformation InformationComplianceHelpdesk Communications and Marketing Customer Exemption? Exemptions Team Day 1By Day 20 By Day 12

It is possible not to provide information if we do not hold the information it is too costly (time-consuming) - over the 'appropriate limit' of £450 (18 hours work) it is a 'repeat' request the request is vexatious an exemption applies Non-Disclosure?

How Much? Included in the 18 hour 'appropriate limit' is the cost of determining if information is held - and locating, retrieving and extracting (including editing) the information. Considering if information is exempt from disclosure is not included. Redaction time cannot count. Reasonable costs can be made for disbursements (e.g. photocopying charges, postage) but not where any costs provide for accessibility (e.g. producing information in a particular format or language).

Absolute Exemptions Section 21: Accessible by other means e.g. readily available on the Web site or from Council offices 32: Relating to court records 40: Personal information i.e. it is actually a request under the Data Protection Act : Provided in confidence

Qualified Exemptions Section 22: Intended for future publication 30: Investigations and proceedings 31: Law enforcement 36: Prejudice to effective conduct of public affairs 38: Health and safety 39: Environmental information 40: Personal information 42: Legal professional privilege 43: Commercial interest

Freedom of Information Requests

Requests: Subject Areas

Requests: Sources

Percentage Response Times

Internal Audits 2008 and 2009 Strategic Information Agents have to balance FOI work with their ‘day jobs’; they have no dedicated time for FOI requests. Temporary staff have been employed on the Helpdesk - but ‘permanent’ dedicated staffing is needed. Time is rarely calculated so difficult to assess the cost to the Authority. Costing estimates should be completed to see if the requester should pay a fee. Monitoring work is being duplicated. Training provided by FOI staff has been put on hold due to staffing constraints. Publication Scheme requires updating. Disclosure log is out-of-date. “…resources available to meet current demands and to operate efficiently and effectively, within the current Council structure are constrained…” Changes have taken place within Corporate Information and Records since the last audit. Improvements are apparent and significant progress made as below: Heightened awareness of Freedom of Information Workshops/training are being delivered Disclosure log is now current and available on the Web Case management system is being introduced No record of complaints against SCC with the ICO Further work is still required to ensure that legislation and corporate policies are being followed.

Internal Audit 2009 Improvements are still required in the following areas: Staff resources limited - compromising the timescale for responses Publication Scheme requires further updating Lack of training for temporary staff Clarity of requirements and document retention is required for Strategic Information Agents (SIAs) Monitoring/evaluation processes are not working effectively Lack of consistency in time recording and resource analysis Duplication of FOI data collated by CSD and SIAs Requests are increasing each year and higher than average compared with other councils; without an adequate complement of staff these cannot be dealt with in the required time Exemptions decided in other councils by Information Management Team/Legal Services/service area