1. Processing your FOI Request
The request is an FOI request if
You have received the request in writing
The requester has provided contact details
It asks for information held by SPCB
NB: If request asks for environmental information
Process in line with the requirements of Environmental Information Regulations (EIR)
Contact Claire
Is the request an FOI Request ? No
Process outwith FOI Process
Check MSPs & Third parties
Yes
Check Sensitivities and Exemptions
Does the request require clarification?
Has the information already been published?
Is the information held?
Can the information be provided within cost threshold (40 hours / £600)
Does the requested information involve an MSP?
Within 3 days: Inform the MSP(s) using the relevant FOI template letter
Within 10 days: Prepare reply using the FOI template letter
On day 10 (or earlier): Contact MSP using relevant FOI template letter to provide early sight of proposed reply and identifying date when information will be disclosed
Send to Claire the response letter, the accompanying information and a completed FOI Response Details Form No No
Yes
Yes
Yes
Yes No No
Within 3 days: Use the FOI Clarification template letter to ask for further information.
Contact the request directly unless request is from media
Provide Claire with copy of the clarification letter
When you receive clarification, forward to Claire and draft the reply within 10 days with a completed FOI Response Details form
Within 10 days: Use the FOI response letter to prepare a reply.
Prepare a Section 25 refusal notice using the relevant template
Include a link to the published information in your reply.
Send the reply to Claire so she can add details to the FOI database
Complete an FOI Response Details form and send to Claire
Use the FOI Response letter to prepare a reply within 10 days confirming that information is not held
Prepare a “notice that information is not held using the relevant FOI template
Once completed, send the reply letter to Claire together with the completed FOI Response Details form .
Consider what can be disclosed within the cost threshold
Consider the reasons for the excessive costs
Contact Claire for advice .
Does the requested information involve a Committee?
Yes
Within 2 days: Inform the relevant Committee clerk of the request
Does the requested information involve third parties?
Identify the information covered by the request
If third parties are identified in the request you must make a judgement about the nature of the information held
If you think the data is covered by the requirements of the Data Protection act you should check with Claire within 3 days of receiving request.
If the third party information is personal data follow the instructions for replying to an FOI request covered by an FOI exemption.
If the information is not personal data but you judge that the third party should be advised of the request, prepare a response to the FOI request within 10 days of receipt and provide it to third parties no later than day 10.
By day 15: Provide response to Claire together with accompanying information and complete FOI Response Details form
Yes
Does the request have sensitivities ?
Within 10 days: Identify information covered by request and draft reply using appropriate FOI template letter
Consider presentational requirements and consistency of approach in-line with previous requests and replies
Send reply letter and accompanying information to Claire along with completed FOI Response Details form
Is some of the information subject to an FOI exemption? No No
Yes
Yes
Flag the request to your FOI Decision Taker Within 5 days of receipt: Identify the information covered by the request and contact Claire
Claire will arrange involvement of relevant stakeholders and identify next steps
Within 10 days of receipt: Prepare draft response
On completion of request: send reply and accompanying information to Claire together with a complete FOI Response Details form
Flag the request to your FOI Decision Taker
Within 3 days: Identify the information covered by the request and contact Claire
Claire will work with you to consider the application of the exemptions and provide guidance on the response
Claire will involve other stakeholders when appropriate
If you are preparing the reply….
Use the appropriate FOI response template together with a template refusal notice
The refusal notice will identify the FOI exception and the reasons it is being applied – Claire will help you with this
Redact the information not being disclosed by “whitening” it out and consider any presentational issues.
Before day 11: Agree the response with your FOI Decision Taker and provide Claire with the response, a completed refusal notice, the redacted data and completed FOI Response Details form.
In all cases:
If you are unsure of next steps contact Claire within 3 days of receiving request