How we handle Freedom of Information Requests
Gives more information about how we process requests, including transfers, 3rd parties, refusals and complaints
How we deal with your request.
If we hold the information
Once we receive your written request we will check that we have enough detail to identify the information.
If your request is unclear, or is likely to produce a large amount of information we will contact you and let you know.
You may also find it useful to read our Fees Policy.
If we have enough information we will then send you an acknowledgment and process the request. We will identify the relevant department or section which owns the information and ask them to retrieve this.
If we do not hold the information
If we do not have the information you ask for and we know who does, we will tell you and ask if you would like us to send the request to the other public authority on your behalf. If we do not know who has the information then we will suggest you a visit to a local library or search on the internet.
Will I see all the information retrieved?
The council is committed to providing access to the public through the Freedom of Information and other access legislation mentioned on this website. However there will be certain instances when we will not release all the information we retrieve. This will be because the information comes within an “exempt” category of the Freedom of Information or other relevant legislation. If we remove information, we will tell you why quoting the relevant exemption (for Freedom of Information) or giving a reason (for Environmental Information).
Exemptions under the Freedom of Information Act
There are 23 exempt categories of information listed in the Act.
The following are “absolute” exemptions
s. 21 information which is reasonably accessible by another means
s. 23 security matters
s. 32 court records
s. 34 parliamentary privilege
s. 41 information provided in confidence
s. 44 information prohibited from disclosure by another piece of legislation
A public interest test may be applied to the other 17 categories of exempt information. It means that exempt information may be released if the public interest in disclosure outweights the public interest in not disclosing the information.
Partial exemptions – the public interest test may be applied
s. 36 information which would prejudice the effective conduct of public affairs
s. 40 personal information, subject to the Data Protection Act 1998
The final exemptions require we apply the public interest test
s. 22 information intended for future publication
s. 24 national security
s. 26 defence
s. 27 international relations
s. 28 relations within the UK
s. 29 the economy
s. 30 investigations and proceedings conducted by public authorities
s. 31 law enforcement
s. 33 audit functions
s. 35 formulation of government policy
s. 37 communications with Her Majesty
s. 38 health and safety
s. 39 environmental information
s. 42 legal professional privilege
s. 43 commercial interests
See a list of the grounds for refusing a request for environmental information.
Consultation with third parties
We will consult with third parties before releasing information and consider their views when deciding whether to release a piece of information. However the final decision to disclose information remains with us.
Complaints and Appeals
If you are unhappy with the response you receive, either the information we send you or the way we handle your request you may use our complaints procedure to let us know.
Once you have exhausted our complaints system you also have a right of appeal to:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: + 44 (0) 1625 545 700
www.informationcommissioner.gov.uk
