Freedom of Information What does it mean for us? Introductory Training Session

Freedom of Information Act 2000 Passed November 2000 Passed November 2000 Comes into force in stages Comes into force in stages Fully in force from January 2005 Fully in force from January 2005 Covers entire public sector, including Covers entire public sector, including schools and LEAs schools and LEAs Promotes greater openness and Promotes greater openness and accountability accountability

The Act ~ In summary Applies to public authorities Applies to public authorities Establishes statutory right to information Establishes statutory right to information Sets out exemptions from that right Sets out exemptions from that right Provides for the release of exempt information in the public interest Provides for the release of exempt information in the public interest Requires public authorities to produce publication schemes Requires public authorities to produce publication schemes Requires 2 statutory Codes of Practice Requires 2 statutory Codes of Practice Establishes Information Commissioner Establishes Information Commissioner Amends Data Protection Act 1998 Amends Data Protection Act 1998

Information Rights A request for information will now be covered by one, or all, of three information rights: A request for information will now be covered by one, or all, of three information rights: Data Protection enquiries (or subject access requests) are ones where the enquirer asks to see what personal information the school holds about the enquirer. Data Protection enquiries (or subject access requests) are ones where the enquirer asks to see what personal information the school holds about the enquirer. Environmental Information Regulations enquiries are ones which relate to air, water, land, natural sites, built environment, flora and fauna, and health, and any decisions and activities affecting any of these. These could therefore include enquiries about recycling, phone masts, school playing fields, car parking etc. Environmental Information Regulations enquiries are ones which relate to air, water, land, natural sites, built environment, flora and fauna, and health, and any decisions and activities affecting any of these. These could therefore include enquiries about recycling, phone masts, school playing fields, car parking etc. FOI enquiries are concerned with all other information including the reasoning behind decisions and policies. All requests for information that are not DP or EIR are requests under the FOI Act. FOI enquiries are concerned with all other information including the reasoning behind decisions and policies. All requests for information that are not DP or EIR are requests under the FOI Act.

The reality of FOI Covers all information ‘held’, regardless of the form in which it is recorded Covers all information ‘held’, regardless of the form in which it is recorded Fully retrospective Fully retrospective Anyone can apply for information Anyone can apply for information All written requests for information to be dealt with within 20 working days, excluding school holidays All written requests for information to be dealt with within 20 working days, excluding school holidays There is no exemption for embarrassment There is no exemption for embarrassment

New rights for the public Entitled to be informed in writing whether information held (“duty to confirm or deny”), and Entitled to be informed in writing whether information held (“duty to confirm or deny”), and If so, to have information communicated to them subject to… If so, to have information communicated to them subject to… information being held information being held an exemption applying an exemption applying cost threshold (£550 to be confirmed) cost threshold (£550 to be confirmed) vexatious or repeated requests vexatious or repeated requests

Requests for information Must be in writing Must be in writing Must include name and address of applicant Must include name and address of applicant Must describe information requested Must describe information requested Applicants do not need to refer to the Act or state why they are making a request for information Applicants do not need to refer to the Act or state why they are making a request for information

The exemptions Absolute exemptions Absolute exemptions No right of access under FOI No right of access under FOI Still a legal obligation to provide advice and assistance to enquirer Still a legal obligation to provide advice and assistance to enquirer Qualified exemptions Qualified exemptions Even if an exemption applies, schools must still disclose if it is in the public interest Even if an exemption applies, schools must still disclose if it is in the public interest

What is the public interest test? The concept of the public interest is deliberately flexible The concept of the public interest is deliberately flexible May include: May include: Promoting public debate of issues of the day Promoting public debate of issues of the day Promoting accountability in decision making and public expenditure Promoting accountability in decision making and public expenditure Allowing individuals to understand decisions and, in some cases, assisting individuals in challenging those decision Allowing individuals to understand decisions and, in some cases, assisting individuals in challenging those decision Bringing to light information affecting public safety Bringing to light information affecting public safety

Dealing with requests What do we need to know How to recognise a request for information How to recognise a request for information That we have a duty to provide advice and assistance That we have a duty to provide advice and assistance Our procedure for dealing with requests and who is responsible for them Our procedure for dealing with requests and who is responsible for them That we have 20 working days to respond, excluding school holidays That we have 20 working days to respond, excluding school holidays That information must be provided in the form requested, where ‘reasonably practicable’ That information must be provided in the form requested, where ‘reasonably practicable’ That it is a criminal offence to alter, deface, block, erase, destroy or conceal information to prevent disclosure That it is a criminal offence to alter, deface, block, erase, destroy or conceal information to prevent disclosure

What if the applicant is not happy with our response? Follow school’s internal complaints procedure Follow school’s internal complaints procedure Deal within target date for determining complaints Deal within target date for determining complaints Right of appeal to Information Commissioner, who: Right of appeal to Information Commissioner, who: Promotes compliance Promotes compliance Enforces the law Enforces the law Informs the public Informs the public Right of appeal to Information Tribunal Right of appeal to Information Tribunal

Records management: Questions to ask What information do we hold? What information do we hold? Can we access information easily? Can we access information easily? Do we record information legibly? Do we record information legibly? What are our retention polices? What are our retention polices?

Remember! Third parties may have a right to access the information we hold Third parties may have a right to access the information we hold It is a criminal offence to tamper with existing records that have been requested for disclosure It is a criminal offence to tamper with existing records that have been requested for disclosure Create records with an eye to other people seeing them Create records with an eye to other people seeing them There is no exemption for embarrassment There is no exemption for embarrassment

The key to FOI Commitment to openness from the top Commitment to openness from the top Good record keeping Good record keeping Effective communication within the school Effective communication within the school

Guidance and further information Information Commissioner website Department for Constitutional Affairs website DfES – Governornet website DfES – Teachernet website Governor line –