Freedom of Information Act Policy | Berneslai Homes

Article: Freedom of Information Act Policy

What is the Freedom of Information (FoI) Act?

The Freedom of Information Act which came into full effect on 1 January 2005 gives you the legal right to see lots of information that we produce such as:

• Our newsletters; 
• Information about our performance; 
• Our policies and procedures.

All of our staff must comply with the Act and they receive training and regular updates to keep them informed.

The FoI Act says that we must:

• Deal with requests for information promptly; 
• Advise and assist you with making requests for information; 
• Help you understand any information we supply.

What happens when you ask for information?

You must ask in writing for information, but this can be in letter form, e mail or fax. We may need to ask you a few questions to make sure we give exactly what you want. You do not have to tell us why you want the information.

If we don't have the information we'll let you know as soon as possible and tell you, if we can, where else you might find it.

If we do have the information you request, we must send you a copy within 20 working days and, if possible, we will provide it in the format you require, such as your preferred language, audiotape, Braille, by e-mail or on CD.

We do not have to comply with vexatious requests; vexatious requests are repeated, unreasonable or nuisance requests.

Do you have to pay for the information?

We will make as much information available as possible free of charge.  We will not make a charge for single paper copies if available on our website.  Multiple prints may incur a charge for photocopying, postage, etc; you may also be charged if you require the information in a specific format.  You will be informed if this is the case at the time of your request.

Under the Act, a charge can be made in the event that a significant amount of time is taken to locate and provide the information relating to your request.

It also gives us provision to refuse you if the cost incurred to meet your request would exceed £450.00 (18 hours in time), but we would give you the opportunity to pay the exact amount.

What information are you entitled to?

Under the legislation, you have the right to access all types of information held by Public Authorities not just personal information.

Everything we publish is listed under the Publication Scheme and most of the information can be found in our webpage.  If you're not sure what information we've got on the subject you're interested in, please contact us for advice.

The Act also requires that every Local Authority to adopt and maintain a Publication Scheme; Barnsley Council's can be accessed here.
Personal information falls under the Data Protection Act which restricts its disclosure to the person to whom it refers.  We would not disclose any personal information in any circumstances where such a disclosure would not be authorised under the Act.

If we don't hold the information, but we know who does, we will either direct you to that other organisation or, with your permission, pass your request on to them.

What information is not available?

Certain information held by us is exempt from the Act. There are 24 exemptions in total, some of which are absolute (information held in these categories cannot be released at all) and some are qualified, that means we have to decide whether it is in the public interest to release the information.

A full list of exemptions is listed in the FoI Act, available on the Information Commissioner’s web site http://www.ico.gov.uk/ or further details can be obtained from us.

Access to information

Details of different types of information available are contained within the publication scheme.  Alternatively, information that is not in our publication scheme can be requested from our Freedom of Information Officer on 01226 772724.  We will respond to your request within 20 working days or, if we believe we cannot comply with your request for whatever reason, you will be informed of that fact within 20 working.

What if we refuse to supply the information?

We may refuse a request for information but only if:

• it falls into one of the exemption categories;
• it is a vexatious request;
• we have to ask for a fee and it hasn’t been paid within 3 months. 

If we do refuse your request, you have the right of appeal. You should first apply to us for an internal review of the decision; this review will be conducted by a member of our Senior Management Team who was not involved in the original decision.

You will be notified of the outcome of this review within 20 days.

If your appeal is allowed, we must then supply you with the information requested as soon as possible.

If the original decision is upheld, you then have the right of appeal to the Information Commissioner; full details can be found on the ICO web site as link above. 

Berneslai Homes Records Management Policy.