Freedom of Information
What does it mean for us?
Introductory Training Session
Freedom of Information Act 2000
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Passed November 2000
Comes into force in stages
Fully in force from January 2005
Covers entire public sector, including
schools and LEAs
Promotes greater openness and
accountability
The Act ~ In summary
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Applies to public authorities
Establishes statutory right to information
Sets out exemptions from that right
Provides for the release of exempt
information in the public interest
Requires public authorities to produce
publication schemes
Requires 2 statutory Codes of Practice
Establishes Information Commissioner
Amends Data Protection Act 1998
Information Rights
A request for information will now be covered by one,
or all, of three information rights:
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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.
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
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Covers all information ‘held’, regardless of
the form in which it is recorded
Fully retrospective
Anyone can apply for information
All written requests for information to be
dealt with within 20 working days,
excluding school holidays
There is no exemption for embarrassment
New rights for the public
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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…
information being held
 an exemption applying
 cost threshold (£550 to be confirmed)
 vexatious or repeated requests
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Requests for information
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Must be in writing
Must include name and address of
applicant
Must describe information requested
Applicants do not need to refer to the Act
or state why they are making a request for
information
The exemptions
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Absolute exemptions
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No right of access under FOI
Still a legal obligation to provide advice and
assistance to enquirer
Qualified exemptions
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Even if an exemption applies, schools must
still disclose if it is in the public interest
What is the public interest test?
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The concept of the public interest is
deliberately flexible
May include:
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Promoting public debate of issues of the day
Promoting accountability in decision making
and public expenditure
Allowing individuals to understand decisions
and, in some cases, assisting individuals in
challenging those decision
Bringing to light information affecting public
safety
Dealing with requests
What do we need to know
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How to recognise a request for information
That we have a duty to provide advice and
assistance
Our procedure for dealing with requests and
who is responsible for them
That we have 20 working days to respond,
excluding school holidays
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
What if the applicant is not happy
with our response?
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Follow school’s internal complaints procedure
Deal within target date for determining
complaints
Right of appeal to Information Commissioner,
who:
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Promotes compliance
Enforces the law
Informs the public
Right of appeal to Information Tribunal
Records management:
Questions to ask
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What information do we hold?
Can we access information easily?
Do we record information legibly?
What are our retention polices?
Remember!
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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
Create records with an eye to other people
seeing them
There is no exemption for embarrassment
The key to FOI
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Commitment to openness from the top
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Good record keeping
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Effective communication within the school
Guidance and further information
Information Commissioner website
www.informationcommissioner.gov.uk
Department for Constitutional Affairs website
www.dca.gov.uk/foi/index.htm
DfES – Governornet website
www.governornet.co.uk
DfES – Teachernet website
www.teachernet.gov.uk
Governor line – 0800 0722181
www.governorline.info