Hampshire County Council

Policy and Resources Policy Review Committee Item 8

5 December 2002

Freedom of Information Act 2000

Report of the Chief Executive

Contact: Kevin Gardner, Head of Legal Practice, ext.7381
Karen Everett , Solicitor, ext.7654

1. Introduction

1.1 This report provides an overview of the key provisions of the Freedom of Information Act 2000 ("the Act"), and assesses the main implications for the County Council. Consideration is given to the action taken by the Council in preparing for implementation of the Act, in particular the implementation of the provisions relating to `publication schemes'.

1.2 The Act, which became law on 30^th November 2000, introduces a general right of access to information held by a wide range of public authorities. The principles embodied in the Act are consistent with other policies dealing with the modernisation of government, with the objective of ensuring that decision making by public bodies is more open and accountable. The Act will enable people to access more information held by the County Council than before and it requires a change in the way information and records are managed and in the way that requests for information are handled.

1.3 The Act is being implemented in stages. The Council must prepare a `publication scheme', and have it approved by the Information Commissioner by February 2003. The right of individual access will come into force in January 2005. The Act will apply retrospectively to all information `held' at the time of a request. It is, therefore, timely to review the way in which information is held and published by the County Council in the light of the principles of the Act.

2. Overview of the Act

2.1 The Act provides a general right of access to information held by the Council. The right of access applies to any person - this could be an individual, or a legal entity such as a company. The Act covers all information, obtained from any source. The right of access includes both a right to be told whether the information exists, as well as the right to receive it. Normally, a request for access should be responded to within 20 working days.

2.2 The right applies to any written request for information which is made to the Council, whether or not mention is made of the Act. If it is intended to charge a fee for providing the information, the request does not have to be complied with until the fee has been paid. Vexatious or repeated requests do not have to be complied with.

2.3 The right of access to information is subject to a range of exemptions. Some of the exemptions are `absolute' eg information accessible by other means; court records. Where an absolute exemption applies to information requested, the information does not have to be released under the Act, although discretionary release is still possible.

2.4 Where an absolute exemption does not apply, consideration needs to be given to whether any of the other exemptions provided for in the Act are relevant. Examples of these other exemptions are: information intended for future publication; information relating to law enforcement; information likely to endanger health and safety; information which, if disclosed, would prejudice commercial interests. Where any of these apply, it is then necessary to apply the "public interest" test. Unless the public interest in withholding the information is greater than that in disclosing it, the information must be released.

2.5 The Act places a further duty on the Council to adopt and maintain a scheme governing the publication of information by the Council, to publish information in accordance with it and to review it from time to time. The scheme must specify the classes of information the Council publishes or intends to publish, the manner of the publication and whether the information is available to the public free of charge or on payment. The publication scheme must be approved by the Information Commissioner.

3. Implications for the Council

3.1 Local government legislation already provides a comprehensive regime of access to information that is relevant to decision making, including public rights of access to agendas for meetings, reports, minutes and background papers. This regime has now been extended to cover documents relating to executive decisions, with provision made for publication of a forward plan of key decisions in the coming four months, with details of where further information can be obtained. Arrangements already in place to meet these requirements should provide the County Council with a solid foundation from which to build in meeting its obligations under the Act. However, it should be noted that the categories for exemption from disclosure under local government legislation differ from those in the Act. Where access is sought to information which would be exempt from disclosure under local government legislation, that information can only be withheld if a Freedom of Information Act exemption also applies.

3.2 To be able to deal with individual requests for access, when this right comes into force in January 2005, the Council needs to have in place arrangements whereby individual officers dealing with such requests are familiar with the requirements of the Act, the categories of exemption, and how the public interest test should be applied. Any decisions to withhold information following application of the public interest test may well be subject to challenge, and the reasons for that decision will therefore need to be sustainable and have been recorded.

3.3 The introduction of a publication scheme allows the Council the opportunity to enhance openness and accountability, by reviewing the types of information that it currently publishes, and determining what further categories of information should be included. Making information available under a comprehensive publication scheme should also reduce costs and time incurred in dealing with individual requests for access to information, when this right comes into force in 2005. This is because information already published in accordance with a publication scheme is subject to an absolute exemption from the individual right to request access. Further, with the prospect of using Hantsweb for wider publication of information relating to the Council's activities and services, there is a clear link to the Council's e-government objectives. IT Services advise that the work on developing a `publication scheme' will enable the Council to obtain maximum value from the IT2000 Document Management System, currently under development.

4. Preparation for Implementation

4.1 As the requirements of the Act affect all County Council services, the Corporate Management Team decided earlier this year to establish a corporate working group to consider arrangements for implementation. The group comprises representatives from departments at a senior level, ensuring coverage of all Council services. The role of the group has been to assess the implications of the Act for individual services, and to co-ordinate preparations for implementation, including the preparation of the publication scheme.

4.2 At the first meeting of the Group, briefings were provided by the County Council's lawyers, in the Legal Practice, and by the Records Management Service, as to the Act's requirements. Each Departmental representative then carried out an audit of the information and records held by their Department, whether electronically or on paper. Consideration has been given not only to information which is published currently, but also information which is not currently made available to the public. In the latter case, consideration has been given as to whether such information should, in future, be made available to the public, bearing in mind the principles of the Act.

4.3 On completion of this process, the Group met again to review progress, agree on a consistent way to treat certain issues of detail, and to confirm the format of the draft publication scheme. A sample of part of the Chief Executive's Audit is attached as an appendix to this report. Staff in the Chief Executive's Department have drawn together the various audits of services and are co-ordinating the production of a final draft of the publication scheme. At his decision making meeting on 12 December 2002, the Leader will be asked to endorse the action taken in preparation for implementation of the Act, and authorise the Chief Executive to finalise, adopt and maintain the publication scheme, subject to the approval of the Information Commissioner.

4.4 It is intended that the publication scheme will be accessible both electronically, via Hantsweb, and via a paper version held in the Members' Rooms, at libraries and information centres. The scheme will also be available in alternative formats, to accommodate those with special needs, in line with the Council's usual standards.

4.5 It is important to recognise that the production of a publication scheme is only the first step in preparing for implementation of the Act. The County Council's duty includes the review of the scheme from time to time. It may well be that, as service managers and consumers become more familiar with the principles of the Act, the scheme can be revised to make yet further information publicly available. Steps will continue to be taken, through Hantsnet, Spotlight, briefings and other means of communication, to raise the profile of the Act and the Council's response to it, in the period between now and January 2005, when the individual right of access comes into force.

5. Conclusion

The Act is intended to enhance openness and accountability of public bodies, and promote greater involvement of the citizen in public affairs. This is clearly relevant to Aim 4 of the Corporate Strategy, which commits the County Council to working together with local people to build strong and safe communities for everyone. This Aim includes making sure that communities feel informed about County Council services, and encouraging participation in local issues. The Act therefore provides the County Council with the opportunity to take further steps towards achieving this important corporate objective.

6. Recommendation

6.1 That the Act is welcomed as an opportunity for the County Council to further
enhance its arrangements for openness and accountability in relation to its
affairs, and to encourage participation in local issues; and

6.2 That the action being taken to prepare for implementation be endorsed.

Section 100 D - Local Government Act 1972 - Background Documents

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works

2. Documents which disclose exempt or confidential information as defined in the act.

Title Location

Corporate Working Group )

meeting notes ) Chief Executive's Department

Draft Publication Scheme )

Hampshire County Council

Executive Member, Policy and Resources Item

12 December 2002

Freedom of Information Act 2000

Report of the Chief Executive

Contact: Kevin Gardner, Head of Legal Practice, ext.7381
Karen Everett , Solicitor, ext.7654

1. Summary

The following decisions are sought:

1.1 That the implementation of the Freedom of Information Act ("the Act") is welcomed as an opportunity to further enhance the County Council's arrangements for openness and accountability in relation to its affairs, and to encourage participation in local issues; and

1.2 That the actions being taken to prepare for implementation as set out in the report to the Policy and Resources Policy Review Committee dated 5 December 2002, be endorsed; and

1.3 That the Chief Executive be authorised to finalise, adopt and maintain, the publication scheme, subject to the approval of the Information Commissioner, and to continue to take all steps necessary to ensure that the Council complies with the Act and prepares for its implementation in full.

1 Reason

The Act requires the County Council to adopt and maintain a scheme governing the publication of information by the Council, to publish information in accordance with it, and to review it from time to time . This is to be submitted to the Information Commissioner for approval by 31 December 2002, and published by February 2003. Further steps will need to be taken to prepare for the introduction of an individual right of access to documents held by the Council (subject to certain exemptions) in January 2005.

2 Other Options considered and rejected

The County Council is obliged to comply with the Act. The format of the draft publication scheme has been considered by a corporate working group which has concluded that the current format is most appropriate.

3 Conflicts of interest declared by the Decision Maker or a Member or Officer consulted.

None

4 Dispensation granted by the Standards Committee

Not applicable

5 Reason(s) for the matter being dealt with if urgent

Not applicable

Approved by: Date:

Councillor T. K Thornber CBE