Frequently Asked Questions

Freedom of Information Act 2000

Introduction

Background

The Freedom of Information Act 2000 is intended to promote openness and accountability among public bodies by ensuring that people have rights of access to the information that is held by them. Its aim is to provide a better understanding of how public authorities carry out their duties, how they make decisions and how they spend their finances.

The Council's Policy

In responding to the Freedom of Information Act, the Borough Council will aim to demonstrate that it is an open organisation committed to delivering high quality public services.

The Council's Publication Scheme

Under the terms of the Act, the Council is required to adopt and maintain a Publication Scheme (340Kb)An image of a PDF logo setting out the classes of information that it holds, the manner in which it publishes or intends to publish the information in those classes and details of whether a charge will be made for the information.  The purpose of our Scheme is to ensure that a significant amount of information is available without the need for a specific request to be made.

Making Requests for information

The great majority of the information held by the Council is covered within its Publication Scheme. However, since January 2005, the Freedom of Information Act has established a right for any person making a request   to the Council to be informed in writing whether or not the Council holds the information requested and, if so, to have access to that information - subject to certain exemptions.

Exemptions

Whilst the Freedom of Information Act creates a right to request specific information held by public bodies, it also creates a number of exemptions from Freedom of Information Act.  These exemptions have the effect of permitting public authorities to withhold some or all of the information requested, where that information fits the terms of one or more of the exemptions.

Complaints

The Borough Council has a complaints procedure and any persons who consider that the Council is not complying with the Publication Scheme or has not dealt properly with a request for information within the terms of the Freedom of Information Act may use that procedure.

Frequently Asked Questions

If you have any further queries, some frequently asked questions have been identified.

 

Frequently Asked Questions

What is the purpose of the Freedom of Information Act?
The purpose of the Act is to promote greater openness by public bodies, including local authorities such as the Borough Council. Individuals already have the right to access personal information about themselves under the Data Protection Act 1998. As far as public authorities are concerned, the Freedom of Information Act has now extended this right to allow the public access to all types of information held by the authority. One of the ways in which the Council aims to give the public access to information is by publishing and maintain a Publication Scheme.

Who can use the Act?
Anyone is entitled to make a request for information.

What sort of information can I seek access to?
You can apply for access to any information recorded in any form held by any of the wide range of bodies covered by the Act. This includes the right to seek access to actual documents and records held by the authority.

What is the Publication Scheme?
The Council''s Publication Scheme is simply a guide to the types of information that the Council will make available to the public as a matter of routine. As well as describing the types of information that the Council will make available, the scheme also indicates whether a charge is made and also the form in which the information is published.

How can I obtain the information contained in the Publication Scheme?
The Council''s Publication Scheme identifies which of the Council''s departments holds the information you are requesting.

What can I do if the information I want is not listed in the Scheme?
If the information is not available within the Publication Scheme, the information should be requested either by downloading and completing the ''Freedom of Information'' application form, by writing a letter or sending an e-mail.

How do I make a request for information?
Requests for information should be in writing and be clear enough to enable the Council to identify and locate the information requested. However, if we need further clarification from you in order to identify and locate the information requested, then we will tell you what clarification we require.

What happens if the Council doesn't understand what information I want?
If the Council needs further clarification from you in order to identify and locate the information requested, then we will tell you what clarification is required. In those cases, the Council is not obliged to supply the information to you unless you give the further clarification that is requested.

If the Council refuses my application for information, will I be told why?
If the Council decides not to disclose the information that is requested, you are entitled to know why. The Council must give notice to you that the information is not being disclosed, must specify which exemption is being relied upon and, if it not obvious, explain why the exemption applies in that particular case. The notice will give particulars of the Council''s procedures for dealing with complaints and of the right to apply to the Information Commissioner.

What are my rights if the Council refuses to disclose information I have requested?
The Council already has in place a procedure for dealing with complaints and applicants who consider that their request has not been handled properly may make a complaint through this procedure. Where the outcome upholds the Council''s original decision, the applicant has the subsequent right to apply to the Information Commissioner''s Office, who will investigate the complaint and determine whether the request for information has been dealt with in accordance with the requirements of the Act. The Information Commissioner can be contacted at: Information Commissioner''s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Tel no: 01625 545 700 email: mail@ico.gsi.gov.uk

Can the Council charge for supplying me with the information?
If information is requested that is contained in the Council''s Publication Scheme, the Scheme identifies where a charge for providing that information. If the request is made under the provisions of the Freedom of Information Act, a fee will be charged which will be calculated according to the Government''s Fee Regulations. Where such a fee is charged, it will be necessary for it to be paid in advance. If the fee is not paid within three months of the original request, the request will be considered lapsed.

How can I obtain information about myself?
Personal information relating to an applicant is exempt from the Freedom of Information Act. The right to know whether personal information is held, and if so, to have access to it is covered by the provisions of the Data Protection Act 1998.

Will other people be able to see personal information about me?
A great deal of the information which the Council holds is personal and private to particular individuals. The Freedom of Information Act 2000 does not deal with this. Therefore, the Freedom of Information Act does not, for instance, make public confidential information about an individual''s Council Tax payments, Benefits, tenancy and other arrangements with the Council. In other words, your private affairs and any business that you have with the Council as an individual is not the subject of the Act. The relevant legislation is the Data Protection Act 1998.

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Fareham Borough Council, Civic Offices, Civic Way, Hampshire, PO16 7AZ

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