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THE FREEDOM OF INFORMATION ACT AND YOU
What is The Freedom of Information Act 2000?
An Act of Parliament which gives general right of access to all types of recorded information held by public authorities. The Act:
was implemented by all public authorities on January 1 2005
places an obligation on the Council to disclose information unless it is Exempt.
sets out a number of exemptions from the right of access (see Is There Any Information I Can't Have Access To? below)
is fully retrospective
Freedom of Information is about making information held by the Council accessible to the public. Any individual or organisation can make a request for information under the Act and the Council has an obligation to:
Confirm or deny whether the information is held;
provide access to, or a copy of, the information requested within 20 working days;
explain if any Exemptions apply to the information requested.
What information can I see?
The Council has an approved Publication Scheme which sets out the information that is already made available either in paper copy or on the website. In addition, an Information Register is currently being compiled and this will itemise the information which can be made available to the public on request under the Freedom of Information Act.
Where can I get a copy of the Council's Publication Scheme?
A copy of the Council's Freedom of Information Publication Scheme is available from the Council Offices, on the Council's website www.mendip.gov.uk and at Libraries and Council Information Points across the District. It is currently being reviewed and has to be re-submitted to the Information Commissioner by the end of 2008.
Is there any information I can't have access to?
There are many Exemptions under the Freedom of Information Act but only 7 are Absolute and, of these, 5 are likely to apply to information held by the Council:
Information that is readily accessible to the applicant by other means
Information that constitutes Court records
Information that is defined as personal data under the Data Protection Act 1998
Information that has been provided in confidence
Information prohibited from disclosure by law
For the remaining Exemptions, the Council will have to make a judgement as to whether to allow access to the information based on the following `Public Interest Test':
In all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.
The Appropriate Limit
The Freedom of Information Act 2000 allows an authority to refuse a request if it will cost more than £450 (this is calculated as 18 hours @ £25) to research, locate and process the information requested. Applicants will be asked if they are able to narrow down their request to enable the Council to provide the information.
Appeals/Complaints
If you wish to appeal about information the Council has not released to you please let us know in writing stating clearly what the issue is. We will reconsider your request and if it is agreed that the information should have been disclosed, we will do so.
If you wish to complain about the way your request was handled by the Council, please complete and return our Complaints Form (available from our Offices, Council Information Points and on our website) and we will endeavour to resolve any problems. If we are unable to do this informally we will apply the Council's Complaints Procedure.
If you are unhappy with the result of your appeal or complaint you can ask the Information Commissioner to consider your case. Please see contact details below.
How can I provide feedback about the Publication Scheme or the way in which the Council has handled my request for information under the Freedom of Information Act?
You can contact Customer Services on 01749 648999
You can e-mail us via the e-mail address on the Council's website www.mendip.gov.uk,
You can make your comments in writing to Fiona Lyons at the address below.
How can I learn more about the Freedom of Information Act?
Further information about the Freedom of Information Act 2000 may be obtained from the Council offices or from the Office of the Information Commissioner.
FOI /3 Freedom of Information Act 2000
CONTACT DETAILS
Mendip District Council
Fiona Lyons, Corporate Support, Mendip District Council, Cannards Grave Road,
Shepton Mallet BA4 5BT.
Telephone: 01749 341247
Fax: 01749 341542
e-mail: [email address]
The Information Commissioner,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone: 01625 545700
Fax: 01625 524510