Policies and Procedures

Compliance with the Freedom of Information Act 2000 is the legal responsibility of local authorities and other public organisations. It is part of a wider group of national policies which aim to modernise government and show people how it is working on their behalf. Since January 2005, people have had a right to know what decisions are taken on their behalf and how services are run. They can ask to see not only printed leaflets and other publications but also any background files and other records relating to the organisation's business unless statutory exemptions apply.

• Hemswell Parish Council (PC) has produced and publicised a Publication Scheme, which clearly outlines what information can already be accessed and outlines any charges for supplying such information.

• Any additional information not part of the Publication Scheme can be requested under the Freedom of Information Act 2000.

• A request for information must be made by letter or e-mail and sent to the clerk to the PC. The request must include a contact name and an address for correspondence and state clearly what information is required.

• Responsibility for dealing with all requests for information is delegated to the clerk to the PC.

• The first step is to identify whether the PC holds the requested data. If not, the applicant will be notified accordingly.

• If information is held and is not subject to any exemption, it will normally be supplied within 20 working days unless a fee is payable or further clarification must be sought.

• If the request for information is unclear, the clerk to the PC will contact the applicant to clarify what data is being sought. If further clarification is needed a 20-working-day period will commence upon receipt of the additional information.

• If the PC does not hold the information but is aware of another public body that may, the request will either be forwarded to the third party concerned or the applicant will be given details of which public authority is believed to hold the information.

• Where information cannot be provided, a refusal notice will be issued explaining which exemption applies and advising of any right to appeal, if applicable.  

• Where information is subject to a ‘qualified exemption’ under the FOI Act, there may be an extension to the 20-working-day period whilst further consideration is given to applying the public interest test to determine whether any information should be withheld or disclosed.

• If a complaint is received about the processing of any request for information, this will be referred on to full Council for attention.

• Where any correspondence is received from the Information Commissioner’s Office in relation to any Freedom of Information matter, this will be referred to full Council for attention.