Contact:
  • Information Governance Team
  • Address:

    Guildhal, High Street, Bath, BA1 5AW

  • E-mail:
    information_governance@bathnes.gov.uk
  • Telephone:
    01225 396872
  • Fax:
    01225 477387
  • Minicom:
    n/a
  • Page Updated:
    14/09/2007
  • Author:
    Amanda Osborne
A to Z Index

Freedom of Information Act

Policy

Introduction

Bath & North East Somerset Council issue this policy in response to the Freedom of Information Act 2000. This policy is also aligned to other legislation and guidance relating to access to information, such as the Data Protection Act and the modernising government agenda.

The Council welcomes the introduction of the Act and supports the objectives of increasing openness, accountability and transparency in the public sector.

In addition to this Policy the Council will issue detailed procedures to assist staff with meeting the obligations of the Freedom of Information Act.

Obligations of the Act

The Act confers a general right of access to information held by public bodies. Requests for information received in writing must be responded to within 20 working days.

The applicant has a right to have the information they request, subject to certain exemptions. These exemptions are detailed in Appendices to this policy, along with details of the ‘Public Interest Test’ which will apply to some exemptions.

The Act also requires that each public authority adopt and maintain a Publication Scheme which details what information is currently available.

This policy does not apply to Primary, Secondary and Special Schools who are separate public bodies in their own right and are statutorily obliged to make their own arrangements. 

Principles the the Council will apply

The Council will apply the following basic principles –

The Council will:

  • Offer advice and assistance to applicants seeking information
  • Will respond promptly to all requests, acknowledging receipt of the request and inform the applicant of the anticipated time to release the information
  • Where exemptions are applicable the Council will inform the applicant of these and indicate as soon as possible any impact this has on the timetable for responding to the request
  • Inform applicants whose requests are deemed vexatious or repeated that their request will be exempted
  • Assist where possible an applicant who is unable to frame their request in writing
  • Inform an applicant of any charges likely to be levied
  • Inform an applicant of information what can be provided for free (where the specifics of their request incurs a charge)
  • Apply the principles of good records management as laid out in the Corporate Records Management Policy

Responsibility

All staff have a duty to comply with the Freedom of Information Act. The council have issued a procedural document to complement this policy; this sets out step-by-step how a request for information should be dealt with. In addition training has been provided and will be available on an ongoing basis. It is however the responsibility of the person who receives the request to ensure that it is responded to according to the Act. Where assistance is needed in this regard there will be assistance, advice and support available at service level and corporately.

The Resources Director via the Audit, Risk and Information Service are responsible for this Policy, associated procedures and the provision of corporate advice and support.

Publication Scheme

Under the Act each public authority must adopt and maintain a publication scheme. This is a proactive method of making information available to the public. The scheme details the information the Council will routinely make available. It divides the information available in different classes and states what information is included in each class, along with details of its format, the charges applicable and how to request the information.

The classes in the Bath & North East Somerset Council Publication Scheme are:

  1. Community Partnerships
  2. Council Democracy
  3. Council Finances
  4. Council Performance
  5. Council Strategy & Corporate Planning
  6. Council Tax and Benefits
  7. Culture, Heritage & Libraries
  8. Economic Development
  9. Education & Life Long Learning
  10. Emergencies
  11. Environmental & Consumer
  12. Highways, Transport & Parking
  13. Human Resources
  14. Leisure & Amenities
  15. Major Projects
  16. News, Public Relations, Press Releases
  17. Planning
  18. Social, Health & Housing
  19. Waste & Recycling

Charging

Where the cost of retrieving individual requests for information is less than £450 the request will be free. Requests which cost more than £450 are exempt as they are ‘disproportionate’. However in exceptional circumstances and at the Councils discretion requests may be satisfied. These will be dealt with on a case-by-case basis and any such request may be liable to a charge.

The release of information can however be chargeable if -

a)      It is governed by other legislation which permits charging. In all such instances services will continue to levy those charges.

b)      It is contained within the Councils Publication Scheme.

All disbursements, i.e. photocopying, printing etc can be charged for in every instance.

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