Policies and Procedures

Introduction

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 aiming to modernise government and show people how it works 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. Anyone has a right to request information from a public authority and 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.

Sections 19 and 20 of the Freedom of Information Act 20001 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. You can find the Publication Scheme issued by Hemswell PC available via https://hemswell.parish.lincolnshire.gov.uk/council-business/policies-procedures/25

Hemswell PC has two separate duties when responding to requests for information:

• to tell the applicant whether it holds any information falling within the scope of their request; and,
• to provide that information.

The PC normally has 20 working days to respond to a request. You can find the guidance issued by The Information Commissioner's Office (ICO) that Hemswell PC must follow when responding to a request for information via: https://ico.org.uk/media2/15ygur0s/guide-to-managing-an-foi-request-all-0-0-58.pdf

For a request to be valid under the Freedom of Information Act, it must be in writing, but requesters do not have to mention the Act or direct their request to a designated member of the PC, however, responsibility for dealing with requests for information is delegated to the clerk to the PC. Therefore, a request for information must be made by letter or e-mail and ideally should sent to the clerk to the PC. The request must include a contact name and address for correspondence and clearly state the requested information. 

As per the ICO guidance, the clerk will identify whether the PC holds the requested data, and if it does not, the applicant will be notified accordingly. If information is held and is not subject to any exemption, it will typically be provided within 20 working days unless a fee is payable or further clarification is required. 

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

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

This policy must be read in conjunction with Hemswell PC Publication Policy available via https://hemswell.parish.lincolnshire.gov.uk/council-business/policies-procedures/25 or may be requested in hardcopy via the clerk.