Who can request information?

Anyone can request information under the Act after 1st January 2005, regardless of age, nationality or location.

What information will be available?

Any information held by the Health Board is eligible for release. However, a number of exemptions may be applied to protect information properly kept confidential.

What is a publication scheme?

Under the Act the Health Board is required to produce, maintain, and disclose information in accordance with its publication scheme. This scheme sets out what kinds of information the Health Board will proactively make available, and how they will do it. All schemes must be approved by the Information Commissioner.

A publication scheme is not just a list of documents a the Health Board already publishes. Rather than specifying individual documents, it describes 'classes' or 'kinds' of information (such as minutes, reports etc.). It may also charge for providing the information, particularly if the Health Board already charged for providing that information before the introduction of Freedom of Information.

If you want to see information included in a the Health Board's publication scheme, you should request it in the normal way.

How do I make a request for informtion that is not in a publication scheme?

The Act requires that all requests:

state the name of the applicant, and an address for correspondence

What happens when I make a request?

When a the Health Board receives a request for information, they must respond as soon as possible, and not later than 20 working days after receiving your request.

The Health Board will consider your request, and reply.

The reply should confirm or deny whether or not they hold the information, and either provide the information you requested, or explain why it has not been provided, quoting an exemption under the Act.

What happens if the the Health Board doesn't understand my request?

Under the Freedom of Information Act, the Health Board has a duty to advise and assist requesters. If the Health Board doesn't understand your request, it will contact you to clarify what it is that you want.

What does it cost?

If you are requesting information contained in an authority's publication scheme, the scheme will also give details of whether and how much the Health Board will charge for providing the information.

If you are requesting information not contained within the publication scheme, the authority may charge you a fee, as laid down in the fees regulations. If it costs the Health Board less than £450 to answer your request there will be no charge.

If you refuse to pay the fee requested, the the Health Board can refuse to supply the information.

What happens if my request is refused?

A request for information may only be refused by a the Health Board if it falls under one of the exemptions.

If your request is refused, the reply from the the Health Board must identify which exemption it is applying, and give you details of how to apply for an internal review of their decision to refuse.

If, after an internal review, the Health Board still refuses your request, you may ask the Information commissioner to review that decision.

How many requests can I make?

The Act does not limit the number of requests you can make. However, section14 of the Act does allow the Health Board to reserve the right to refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, or requests which are intended to disrupt the authority's work.

How can I use the information I receive?

The Freedom of Information Act does not place restrictions on how the information supplied under it may be used. However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records. The Act does not transfer the copyright in any information supplied under it.

Can I ask for the information in a different format?

You may request that the information be supplied in any form. However, the Health Board may take into account the cost of supplying the information in this form before complying with your request. In particular, you may ask for information in permanent form, in summary form, or for permission to inspect records containing the information.

It may also be possible for the Health Board to supply the information in Braille or audio format, in large type, or translated into another language.

A brief Guide to the Freedom of Information Act 2000

F.O.I