Freedom of Information Act 2000

Background

The Freedom of Information (FOI) Act 2000 received Royal Assent on 30 November 2000.  When fully implemented, the Act supersedes the current Code of Practice on Access to Government Information 1997 (the Code of Practice) and will give a general right of access to all types of information held by pulic authorities, subject to certain specified  exemptions.

Scope of the Act

The Act applies to all public authorities. Schedule 1 to the Act gives more details but the term "public authorities" is defined very widely and it has been estimated that some 75,000 bodies are involved.

Implementation

The Act has to be fully implemented across the public sector by 30 November 2005 and the Lord Chancellor (whose Department has lead responsibility for the Act) announced on 13 November 2001 how this will be achieved.  For bodies such as Stockton-on-Tees Borough Council ("the Council") the relevant parts of the implementation timetable are as follows:-

• From 28 February 2003 the Council is required to publish and maintain a Publication Scheme; and
• From 1 January 2005 we must - along with all other public authorities answer requests for information within the terms of the individual right of access (see below) given by the Act.

Publication Schemes

The Act requires each public authority to adopt and maintain a Publication Scheme.  The purpose of Publication Schemes is to specify the classes of information that the authority publishes or intends to publish; the form in which this is or will be done; and whether there is any charge for the information.  Each scheme must be approved by the Information Commissioner (see below)

Right to Information

The individual right of access was implemented on 1 January 2005 and applies to all types of recorded information held by public authorities regardless of the date of the information.  The Act does, however, set out some exemptions to this right.  It also places a number of obligations on public authorities about the way in which they provide information.  Subject to the exemptions, anyone making a request must be informed whether the public authority holds the information and , if so, be supplied with it - generally within 20 working days.  There is also a duty to provide advice or assistance to anyone seeking information (for example in order to explain what is readily available or to clarify what is wanted)

Charging

There is no obligation for a public authority to provide information if the estimated cost of doing so would exceed an "appropriate limit".  This limit will be set in secondary legislation sponsored by the Lord Chancellor's Department.  In general, the Council does not intend to charge for the information included in its Publication Scheme that is directly accessible through its web site.

Right to Appeal

In any case where a request for information under the individual right of access is denied, it may be possible to appeal against the decision.  In the first instance we would want any such appeals to be referred for in-house review by the Council, but there will also be a right of appeal to the Information Commissioner (see below).

Information Commissioner

Responsibility for overseeing the operation of the Act rests with the Information Commissioner who is an independant public official responsible directly to Parliament.  The first Information Commissioner, Elizabeth France, was appionted on 30 January 2001.  As well as approving Publication Schemes and promoting compliance with the Act, the Commissioner has the powers of enforcement.  The new Information Commissioner, Richard Thomas, took office in December 2002.

Comments, Commendations and Complaints

Should you wish to contact us regarding your request, for example the way your request was handled or the response you have received please contact the Council using the Corporate Comments, Commendations and Complaints procedure and it will be dealt with in accordance to our procedure.