Freedom of Information Act 2000
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Information about the act, how to submit a request and performance information.
Submit a request on-line
From 1st January 2005, the Freedom of Information Act has given individuals a general right of access to all types of recorded information held by public authorities, subject to certain exemptions.
The Act is intended to promote a culture of openness and accountability and in turn a better understanding of how the Council (and other organisations) carry out their duties, why we make the decisions we do and how we spend public money.
Fylde Borough Council is a public authority for the purposes of the Act and any person who makes a request to the Council for information must be informed whether we hold the information and, subject to exemptions, be supplied with that information.
As part of the Act, we are required to adopt and maintain a Publication Scheme that sets out the 'classes' or type of information that we hold, the manner in which we intend to publish the information and whether a charge will be made for the information. The purpose of a Publication Scheme is to make publicly available as much information as possible without the need for a specific request to be made. It is our intention to publish as much information as possible on our website (and in other publications) and encourage a culture of openness and transparency.
The Publication Scheme
The Council has adopted the Information Commissioner's scheme for local authorities. You can access it using the link on the right hand side of this article. The scheme outlines the type of information that we routinely publish, the format in which the Information is available, where it is available and how much it will cost if there are any charges.
Some examples of the sort of information that is already published include:
- The Corporate Plan and other planning documents out lining the overall direction of the Council
- The accounts and budget information
- Planning application's
- Election results and contact details of councillors and officers
- Service information such as opening times, charges and standards
- Agendas and minutes of all council, cabinet and committee meetings
- Key strategy and policy documents and press releases
Developing an Open Culture
We are committed to improving access and openness to information and as part of this commitment there is a section included on the website (see the link to the left) titled Freedom of Information Requests, that provides details of the key Freedom of Information (FOI) requests made to date. The idea behind this is to make publicly available information that has been requested by individuals so that other people do not have to go through the process of making an FOI request.
How to make a Freedom of Information request
If the information you are after is not available via the Publication Scheme or published elsewhere, either on the website or in one of our publications, you can make a specific request for information and we will deal with it in accordance with the provisions of the Freedom of Information Act 2000. The Act says that requests must:
- Be in writing (this includes emails and fax)
- State clearly what information is required
- State the name of the applicant, and an address for correspondence (which can be an email address)
Requests for Environmental information may be made verbally under separate legislation.
To find out more about making a request phone 01253 658658 or email garyp@fylde.gov.uk Requests for information should be sent to:
The Freedom of Information Officer
Fylde Borough Council
Town Hall
Lytham St Annes
Lancashire
FY8 1LW
Email to garyp@fylde.gov.uk
Submit a request on-line
What happens when I make a request?
When we receive a request for information, we will try and respond to it as quickly as possible. The legislation does allow 20 working days from the day after the receipt of the request but we will always try to provide the information as quickly as possible, and in many cases this is on the same working day the request is received, or the next one.
Some kinds of information cannot be disclosed under the Freedom of Information Act. Some other kinds can only be disclosed if it is in the public interest to disclose it. If any of the information that you have requested is not to be disclosed, we will respond as soon as possible and give you a full explanation why not. You can ask us to look again at a decision not to disclose information, and our response will tell you how to do so.
What happens if the public authority doesn't understand my request?
Under the Freedom of Information Act, we also have a duty to advise and assist customers that submit a request. If we do not understand your request then we will contact you to clarify what it is that you want and help you put together the request. The more specific your request is though, the less time it should take to process.
What does it cost?
If you request information that is not contained within the Publication Scheme, we can make a charge in accordance with the fees laid down in the Regulations. The Regulations provide that requests for which “prescribed” costs will amount to less than £450 will be free of charge, although public authorities may charge for the cost of photocopying and postage etc...(known as “Disbursements” in the Regulations). Fylde Borough Council may apply charges for disbursements when the individual requires a personal copy of information that has been made publicly available. If there is a small amount required (30 pages or less) to fulfil the request it will be sent to the individual without charge, but copies in excess of this amount will be subject to a charge.
If your request is going to incur more than £450 in prescribed costs, the public authority can refuse to answer your request, choose to answer it for free, or charge up to and including the full cost of providing the response. Fylde will not normally provide information which will incur prescribed costs of more than £450 and your request will be refused.
What happens if my request is refused?
A request for information may only be refused by a public authority if it falls under one of the exemptions, or the fee exceeds £450 and no compromise can be reached with the customer to reduce this cost. If your request is refused the response will identify which exemption has been applied and provide you with details of your right to apply for an internal review of their decision to refuse. Fylde has a partnership arrangement with Wyre Borough Council to carry out internal reviews for each other.
If, after an internal review, the public authority still refuses your request, you may ask the Information Commissioner to review that decision.
How many requests can I make?
The Act does not specifically limit the number of requests you can make. However Section 14 of the Act states that a public authority can reserve the right to refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, or requests which in our opinion are intended to disrupt the authority's work.
How can I use the information I receive?
The Freedom of Information Act does not place restrictions on how the information supplied by an organisation may be used. However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records. The Act does not transfer the copyright to any information supplied.
Can I ask for the information in a different format?
You may request for the information be supplied in any format. However, a public authority may take into account the cost of supplying the information in a format that is different to which the information is held before complying with your request. In particular, you may ask for large volumes of information in summary form, or for permission to inspect records containing the information.
It may also be possible for public authorities to supply the information in Braille or audio format, in large type, or translated into another language. Fylde will do everything it can to deal with any individual special need of this nature in accordance with our equality and diversity policy.
Exemptions under Freedom of Information
Listed below are the titles of the main exemptions within the Freedom of Information Act. You can access the full Act using the link to the right of this page. We have divided the exemptions into categories based on the likelihood of them being applicable to the Council. One of the key exemptions (s40) is for personal information as this comes under the Data Protection Act which takes priority over the Freedom of Information Act because it is European legislation. We will not provide personal details that can be damaging in any way to an individual and if you wish to request personal details about yourself then you must do so under the Data Protection Act through a 'subject access request'. The link to the Information Commissioners Office also provides further details about the Data Protection Act.
Exemption that are frequently relevant to local authorities (13)
- s21 information easily accessible by other means
- s22 intended for future publication & reasonable to withhold till then
- s30 investigations etc.. by Public Authorities
- s31 law enforcement
- s32 court records
- s37 communication's with Her Majesty the Queen, information about honours
- s38 endangering health & safety of any individual
- s39 environmental information
- s40 personal information
- s41 provided in confidence
- s42 legal professional privilege
- s43 commercial interests
- s44 disclosure prohibited
Exemptions that are possibly relevant to or less frequently relevant to local authorities (4)
- s23 security matters
- s24 national security
- s29 the economy
- s36 prejudicial to effective conduct of public affairs
Exemptions that are unlikely or never relevant to local authorities (6)
- s26 defence
- s27 international relations
- s28 relations within UK
- s33 audit functions
- s34 Parliamentary privilege
- s35 Formulation of Government Policy.
