1. OPEN UP! Introduction to handling Freedom of Information requests

2. PIRAS Privacy and Information Rights Advisory Service Meet the team Team member’s names redacted

3. FOI Requests The Freedom of Information Act 2000 provides public access to information held by public authorities – it does this in two ways: public authorities are obliged to publish certain information about their activities; and members of the public are entitled to request information from public authorities. To be an FOI request, it must seek access to recorded information Is about information, not documents Includes all formats, such as handwritten note of a phone call Responses to requests must normally be made within 20 working days of receipt of request We can take extra time if we need it to carry out a public interest test

4. Where do you start? The starting principle of the FOI Act is that information requested should be released. Ask yourself; Is it a valid request? Do you understand what is being asked for? Does the Department hold information in scope of the request? Is the information readily available? Will it be published in the future? Does the request involve personal information? Cost threshold exceeded Request is vexatious Does an exemption apply to the information within scope of the request?

5. Information Not Held If we don’t hold the information asked for, we don’t have to obtain it, or create it Where the information sought is not held by us but likely to be held by another body, we should suggest where to go for the information Where the information is held but not in the form requested, or not held centrally and the cost threshold would apply Where information has been held but now destroyed (legally according to best practice in retention schedules)

6. Cost Threshold The FOI Act recognises that some requests could take up considerable resource and so there are Fees Regulations set at £600 for all Government Departments. Calculations of staff time are calculated at a maximum rate of £25 per hour which equates to 3.5 days. Included in the cost calculations are: Determine if the information requested is held Locating the information Retrieving the information Extracting the relevant information from a document One read through NOT redaction, drafting or clearance etc

7. Vexatious or Repeated Requests This applies to the request, not requestor This can be applied if the request is considered: Abusive or aggressive language has been used Unduly unreasonable, or not genuine, aimed at disruption or harassment Over burdensome (however, the cost threshold should be considered in the first instance) No obvious intent or the request lacks and serious intent to obtain information Identical or similar requests by same person already answered

8. Exemptions and Public Interest Tests Exemptions The FOI Act recognises the need to preserve confidentiality and protect sensitive information There are 24 exemptions to disclosure but only a few tend to be more regularly used by DfE Public interest test The exemptions to disclosure are there to be used but with sound judgement and informed and balanced decisions Most exemptions will need to be qualified by carrying out a public interest test Before we can withhold under an exemption the public interest in withholding must outweigh the public interest in releasing

9. Exemptions giving access S. 21 Information is reasonably accessible by other means. Is the information reasonably accessible to the applicant? Applicable even if a fee is charged. S. 22 Information intended for future publication Only applies to information the Public Authority already intended to publish when the request was received Applies even if specific date for publishing has not been established This is subject to a public interest test - what is the harm in publishing now? The Government should always strive to proactively disclose information where possible

10. Ability to carry out business S. 35 Government policy Information relating to the formulation or development of government policy. This includes submissions, minutes of meetings, internal correspondence and correspondence with other public authorities This is subject to a public interest test – would releasing this information harm the further development of the policy? S. 36 Prejudice to the effective conduct of public affairs. Information, if released, would inhibit the free and frank exchange of view or advice, or prejudice the effective conduct of public affairs You will need a Minister to grant permission to consider this Also subject to a public interest test. What harm would this cause?

11. Harm to individuals S. 38 Health and Safety Information that would be likely to endanger the physical or mental health or the safety of any individual or a group of people S. 40 (1) Request for the personal data of the applicant Seek advice on procedure for Subject Access Request (SAR) – information may need to be disclosed under the Data Protection Act 1998 S. 40(2) Request for the personal data of 3 rd party Information of names and contact details of people who are not in the public domain Usually requires redaction

12. Protection of rights S. 41 Information Provided in Confidence Information obtained in confidence and disclosure would result in an actionable breach of confidence Applying this exemption may require detailed consideration of the law of breach of confidence S. 42 Legal and professional Privilege This applies to legal advice sought and given The Department has a right to seek and receive legal advice in confidence S. 43 Commercial Interests Information which would prejudice the commercial interests of an organisation or ourselves Some commercial information will be made public as contracts are awarded and details disclosed

13. When responding…. Always keep the requester informed of receipt and progress (particularly of delay’s) of their request. If applying an exemption that requires a public interest test consider sending an extension letter if you require more time? PIRAS (FOI Team) will meet and advise you within three days of receiving a request Talk to your DD if in doubt about what should be withheld Use the intranet guidance and templates If withholding information your response will need to state reason and exemption(s) and if applicable the public interest factors considered; DD must approve all FOI responses Keep records of your considerations ie, cost thresholds, searches public interest arguments Remember to record outcome of case on ECHO

14. Appeals and complaints The requestor can ask for an internal review (independent chaired by DD not involved in the original request) if they are unhappy with any or a combination of the following: The information that they have/haven’t received The way the request was handled (e.g. they do not agree with the exemption used) The time taken to respond If the respondent is still unhappy after the review, which can result in a change to the information released, exemptions which apply etc, they can then appeal to the Information Commissioner’s Office (ICO). The ICOs conclusion after investigation is a Decision Notice where both parties have the option to appeal to the Information Rights Tribunal.

15. Help and Guidance Detailed procedural guidance can be seen in the FOI guidance on the intranet For queries or advice, contact a member of PIRAS