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Freedom of Information What does it mean for us?

Freedom of Information What does it mean for us?. Introductory Awareness Session April 20 th 2005. Who we are. ICT Management and Development Unit Education, Leisure and Community Services John Herd Principal ICT Development Officer. Background. Task Group

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Freedom of Information What does it mean for us?

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  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

  11. 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

  15. Process Map Request for information By telephone In writing Ask for request In writing Information Held? Simple Query? No No Yes Information held by another public body? Yes Yes Transfer request, inform applicant To next stage Provide information Inform applicant information not held No

  16. Process Map Request for information By telephone In writing Ask for request In writing Information Held? Simple Query? No No Yes 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? No No Yes 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? No No Yes 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? No No Yes 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? No No Yes 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

  26. Process Map Concerns about release? Absolute exemption? Yes Yes One or more exemptions? No No Don’t provide information Send refusal notice to applicant Yes No Public interest test requires disclosure? Yes Information must be disclosed Check with “responsible” person no

  27. Process Map Concerns about release? Absolute exemption? Yes Yes One or more exemptions? No No Don’t provide information Send refusal notice to applicant Yes No Public interest test requires disclosure? Yes Information must be disclosed Check with “responsible” person no

  28. Process Map Concerns about release? Absolute exemption? Yes Yes One or more exemptions? No No Don’t provide information Send refusal notice to applicant Yes No Public interest test requires disclosure? Yes Information must be disclosed Check with “responsible” person no

  29. Process Map Concerns about release? Absolute exemption? Yes Yes One or more exemptions? No No Don’t provide information Send refusal notice to applicant Yes No Public interest test requires disclosure? Yes Information must be disclosed Check with “responsible” person no

  30. Process Map Concerns about release? Absolute exemption? Yes Yes One or more exemptions? No No Don’t provide information Send refusal notice to applicant Yes No Public interest test requires disclosure? Yes Information must be disclosed Check with “responsible” person no

  31. Process Map Concerns about release? Absolute exemption? Yes Yes One or more exemptions? No No Don’t provide information Send refusal notice to applicant Yes No Public interest test requires disclosure? Yes Information must be disclosed 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…

  37. “Freedom of Information Act 2000 A guide for Bridgend Schools” Can be downloaded from: www.bridgend.gov.uk/Web1/groups/public/documents/services/002871.hcsp or www.bridgendgfl.net (Managers Area) More advice: www.governornet.co.uk

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