1

Receiving Requests In Departments or at a Library counter

1.1

When a request is received in writing (on paper or e-mail), and it is not a simple regular request which the receiver can deal with in the normal course of their work, forward it to the Business Intelligence Team (“the team”) by fax (01872 261049), internal mail (FOIA/EIR, Central Scanning Unit, NCH) or email [Cornwall Council request email]. If the request specifically mentions the legislation, it is imperative to forward it to the team; however a request does not need to mention the legislation in order for it to be dealt with under this procedure.

1.2

When a request is received over the phone and the information may already be accessible on the internet, refer the requester to the Council's website, so they can access the Publication Scheme if they have the facilities. Remind them that they can access this at their local library. If necessary access the Publication Scheme yourself and identify the information for them if possible.

1.3

If the request is received over the phone or in person and the customer believes that the information they require is not on the Scheme or the Council's internet, they will need to submit a request in writing. There is an online form to assist with this http://www.cornwall.gov.uk/Default.aspx?page=9568  Note that regular enquiries that can be handled as part of the normal duties of the section receiving the request do not need to be treated as Information Access Requests.

Please assist them in submitting a written request, using the form, if they require it. Bear in mind that “who” is requesting the information and the reason “why” they require the information is irrelevant.

2

Receiving Requests in the Business Intelligence Team

2.1

The team will acknowledge the request for information and refer a “memo to reps” to the relevant departmental representative. Where there is no departmental rep in place, the team will forward the request to the relevant Service Head. The rep or Service Head will then forward the request to those staff in their department who may hold information relevant to the request. The team will ensure that all steps are taken objectively and that each IAR receives the same treatment. This includes requesting and processing any fees due. The team will also run the "clock" for each request and send appropriate reminders on day 10 and 15 of the request to staff providing the requested information in the departments.

2.2

The clock is started according to the day AFTER a request is received in such a form that the nature of the enquiry can be fully understood from it. This may mean when it was received in a department, or it may require the team to contact the applicant to clarify which information they require.

2.3

For requests involving email correspondence created or received after 1st November 2008, [email address] will be copied into the request to initiate a search of stored emails. Click here for more information regarding the processing of emails stored in Mail Meter.

3

Finding the required information

3.1

Departmental representatives or Service Heads will identify those within their department that are likely to hold the information required and transfer the request to them.

3.2

Those receiving the request will locate and retrieve the information and consider it for disclosure.

If staff believe the request to be too vague or wide-ranging or that it will take more than 2.5 days to locate, retrieve and extract the relevant information, contact the team immediately with an estimate of the time it will take and an idea of how the requester might be able to narrow down their request in order for us to assist them. Use the “IAR Charging template” which will have been attached to the “memo to reps” in order to calculate estimated time.

If there are any concerns regarding disclosure of the information, staff should contact the team immediately and discuss the reasons why the information is sensitive and consider any relevant exemptions under the legislation. The team and the department may require further advice and guidance from Legal Services when applying exemptions. In some cases, a “public interest test” (“PIT”) may be required to consider reasons for and against disclosure with the departmental PIT Officer.

Once decisions relating to the disclosure and non-disclosure of the information have been made, staff must remove any exempt information if required. This process is known as "redaction". All redacted information must include a note of which exemption(s) were applied.

Decisions relating to time estimations and the application of exemptions should be addressed within the 20 working days the Council has to provide the information, so early contact with the team or Legal Services is important so that deadlines are met.

3.3

All staff who have located and prepared information will return that information to the team, in the correct format if necessary.

3.4

All information should, on return to the team, be accompanied by two "schedules" - one listing all documents to be disclosed, and another listing all documents not disclosed.

3.5

Within 10 business days of the start of the request, Computer Audit will compile a file of any relevant emails found in Mail Meter and forward it to the relevant department for review / redaction. Click here for more information regarding the processing of emails stored in Mail Meter.

4

Releasing the Information

4.1

The team will complete the process, double check the information for exempt material, correct formatting etc. and send to the applicant. Copies of the final, released information will be filed.

4.2

The team will record the details of every disclosure on a web based database, so that CC and other authorities can refer back to see what information is being released under FOI. It will also be considered whether the information is suitable for including in the Publication Scheme.