Policies and Procedures

Introduction

Compliance with the Freedom of Information Act (FOIA)2000[1] is the legal responsibility of local authorities and other public organisations. The FOIA 2000 gives UK citizens and residents the right to access recorded information held by most public authorities, promoting transparency by allowing requests to government bodies such as councils, schools, and police, with responses typically expected within 20 working days (exemptions may apply for sensitive data). Scotland has separate legislation. 

The FOIA works by obligating public bodies to publish some information and respond to requests, covering emails, documents, and recordings, and operates alongside environmental regulations (EIRs) for environmental data. Sections 19 and 20 of the Freedom of Information Act 2000 require every public authority to have a publication scheme, approved by the ICO, and to publish information covered by the scheme. Any additional information not part of the Publication Scheme can be requested under the Freedom of Information Act 2000. The Publication Scheme issued by Hemswell PC is available via the PC website. 

Hemswell PC adheres to the guidance issued by The Information Commissioner's Office (ICO) when responding to a request for information. The latest guidance is available via: https://ico.org.uk/for-organisations/foi/

For a request to be valid under the FOIA, it must be in writing or by email, but the applicant does not have to mention the Act in their request. Responsibility for dealing with requests for information is delegated to the Responsible Officer and clerk to Hemswell PC. The request must include a contact name and address for correspondence and clearly state the requested information. 

As per the ICO guidance, including Section 41 relating to ‘Information provided in confidence’[2], the clerk will identify whether the PC holds the requested data, and if it does and is not subject to any exemption, information will typically be provided within 20 working days unless a fee is payable or further clarification is required. If the PC does not hold the requested data, the applicant will be notified accordingly. 

If the request for information is unclear, the clerk will contact the applicant to clarify exactly what information 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 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 to the Hemswell PC for its attention.

Where any correspondence is received from the ICO in relation to any matter of Freedom of Information, this will be referred to Hemswell PC for its attention. 

Guidance and help are available on the ICO website for members of the public wishing to make a request under the Freedom of Information Act 2000. Details can be found at: https://ico.org.uk/for-the-public/official-information/ 

Related Documents

Publication Policy

Data Protection Policy 

Data Breach Policy