Business Improvement Team
PROJECT BRIEFING NOTE
Project Name |
FOI (Freedom of Information) and DPA (Data Protection Act) |
||
Report To |
Andrea Glanville |
||
Reporting Officers |
Stuart Flanagan and Chris Jones |
Contact No: |
225 5503 |
Project Sponsor |
Andrea Glanville |
||
Date |
6th January 2009 |
||
Background
Requests for information to LCC under the Freedom of Information (FOI) and Data Protection Act (DPA) are received in writing by letter or email. The Acts stipulate that local authorities must comply in 20 calendar days for FOI requests and 40 days for DPA requests. The penalties for failure to comply, or to breach can range from a monetory fine of up to £5,000 or the individual officer concerned is charged with vicarious liability which can lead to court appearances and if charged a jail term imposed.
Currently the process for dealing with such requests is paper-intensive despite availability of the Non Stop Gov (NSG) ICT System. The NSG system was introduced to log all corporate complaints in late 2007. The system consists of 5 modules and is used to log requests for Have Your Say, Antisocial Behaviour, Information Requests, Childrens Act and Statutory Complaints for Adults.
The system is due to be modified by the supplier, Tagish to accommodate the new LCC structure of Business Units. Tagish has an established history of managing UK local and central government contracts including other Merseyside local authorities that together are involved in the NSG User Group. The User Group reviews system functionality, highlights user issues and identifies improvements for the benefit of the wider user network. Any modifications/upgrades that are proposed by the User Group can usually be implemented at a shared cost, or if a legal requirement can be built into any upgrade of the system build.
In July 2008 the responsibility for ensuring compliance with FOI and DPA requests/enquiries within LCC transferred from the Chief Executive's Office to an Information Manager in Legal and Financial Services.
The Information Manager in Legal Services that has responsibility for FOI and DPA requests has identified a number of possible contributing factors to this failure in performance levels:
a) The ICT NSG system functionality is not being fully utilised by the team currently within Legal Services responsible for dealing with FOI/DPA requests. This causes a number of problems and results in poor management information, for example, where overdue cases have no audit trail.
b) There is no case management process used at present to monitor and review outstanding cases.
c) Staff are not updating every case on the ICT system and are working outside the system. This is down to lack of training and system knowledge
There have been several previous reviews undertaken with regards to FOI and DPA processes and procedures; however none have specifically looked at the ICT system functionality.
|
Objectives
Review the functionality of the NSG system compared with key requirements identified by the Information Manager.
Make recommendations regarding use of the NSG system that will address the issues identified in (a) - (c) above leading to improved performance.
|
Scope
In Scope - NSG ICT System functionality against the key requirements specified by the Information Manager
Out of Scope - All other FOI and DPA processes & procedures that are under review elsewhere
|
ICT System: Key Requirements
In order to implement an effective and efficient process for dealing with FOI and DPA requests, the Information Manager has identified the following key requirements for the ICT system:
|
Business Benefits
NSG ICT System fully utilised with regards to FOI and DPA process and increased intelligence with regards to performance monitoring. |
Time Scales
Project briefing note to be completed by 16th January 2009 |
7. Findings
Following review of the functionality of the NSG ICT system, the key requirements specified by the Information Manager fall into one of three categories:
The findings for each of the key requirements is as follows:
Functionality Already Available
Audit trail
An audit trail exists on the current system module but to utilise this fully all case information should be recorded, scanned and uploaded. It is only when users go outside the system, for example sending information by Outlook, that the audit trail is lost. To ensure that all information is captured on NSG, a guidance note stating roles and responsibilites should be produced for system users and Champions and accompanied with appropriate training for all officers who deal with FOI and DP cases.
Reports
Various reports are available and can be set as favourites for ease of use. Various types of reports can be produced and a new hierarchy for reporting will provide intelligence required - if the Information Manager advises what report type is required by breaking down the team/complaint type/officer etc (see breakdown of team/service section below)
Permission level
These are controlled by the system administrator. Permissions can be set at various levels and officer access can be restricted e.g. to prevent viewing of attached information etc.
Email alerts This facility is available but in order to use it, cases must be assigned to an individual user rather than a generic mailbox as currently occurs. It should be noted that it is good practice to pro-actively use the Enterprise Dashboard on a regular basis rather than to wait for email alerts. The Enterprise Dashboard is the facility that allows you to view all cases and responsible officers-Refer to case management section below.
Appeals
Stage 2 appeals are already available for both FOI and DPA within this module of NSG
Breakdown by team/service/portfolio responsibility for all outstanding cases Currently, cases are recorded only at (former) Portfolio level. On the 1st March 2009 a scheduled plan of work will begin to update the system to reflect the new Business Unit structure. Once the update is completed, the Information Manager can determine how best to configure information to provide a breakdown by Business Unit/Team/Type of request etc. Any categories can be requested and broken down by several strands.
Date changing facility
The date changing facility exists insofar as the clock can be stopped when further information is required from the customer and for this purpose only. No other changes to the due dates are allowed in accordance with the legislative requirements for these cases.
Document housekeeping
Facility exists whereby the documentation can be saved directly to the system
Generic letter templates*
Standard letters are currently available however some housework is required with regards to the letters held here. Tagish has previously offered to build editable letters that could be used to include/exclude exemptions via a list of tick boxes. A cost may be incurred if this is to be included.
Library site to contain domain information
A topic list can be created for new cases which could potentially eliminate duplication and enable quick access to previously supplied information. This can be used retrospectively with old cases, however, would need to have a resource applied to go through existing cases.
*(Possible additional cost if require Tagish to build editable letters)
Functionality not currently available - to be raised at User Group Document list order
Documents are listed alphabetically and the system does not have the functionality to change this to date order, although a workable solution has been adopted by the Have Your Say Team.
Functionality not currently available - Business Enquiry Required
Link to payments
NSG does provide an online integrated payment facility but this was not purchased by LCC as part of the package.
A more detailed explanation of each of the key requirements is at Appendix A
It can be seen from the above, that of the 12 key system requirements specified by the Information Manager, 10 (83%) are already available to LCC but are not currently used. One requirement can be addressed at the next User Group and only one requirement (Link to Payments) would require submission of a Business Enquiry with financial implications.
It is clear that the Information Manager and all users including champions would benefit from further training on the ICT NSG System to ensure that its functionality is fully utilised. The System Administrator would carry out the `system awareness' sessions at no cost to the authority. A likely consequence of more comprehensive training may be that current FOI and DPA processes and procedures are rationalised to become more effective.
In addition to the NSG functionality identified above, a Case Management Facility is also available but not currently used within LCC. The facility comprises of an on-screen `Dashboard' (see Appendix B) that highlights:
Use of the dashboard facility would provide an overview of all open cases and more robust monitoring to ensure timescales are achieved.
|
8. Recommendations
|
Appendix A
Specified Key Requirement |
NSG Functionality status |
Comments |
Link to payment gateway, creating a sequential payment ref. number that could be recreated in NSG |
Functionality not currently available - Business Enquiry Required |
NSG is currently not linked to our payment gateway although an integrated On line payment facility is available. A Business Enquiry would be required to progress this request with probable cost implications. There are no figures available as to the number of fee-paying requests made during 2008 as a decision was made not to record this information. It is therefore not possible to assess the likely impact of such a facility and potential benefits to customers |
Audit trail capabilities |
Currently Available |
An audit trail exists on the current system module but to utilise this fully all case information should be recorded, scanned and uploaded. It is only when users go outside the system, for example sending information by Outlook - that the audit trail is lost. To ensure that the audit trail is captured, a guidance note on processes to be followed should be produced for key staff and accompanied with appropriate training for officers who deal with FOI and DP cases who are not set up on the system. |
Reports |
Currently Available |
Various reports are available and can be set as favourites for ease of use. New hierarchy for reporting will provide intelligence required (see breakdown of team/service section below) |
Document Listing |
Not available - User Group January 2009 |
Currently documents list alphabetically and the system does not have the functionality to change this to show date order. A best practice adopted in the HYS module is to start the name of the document with the date, for example, 10.12.2008 Response letter to Mr Smith. The Customer Feedback Manager and other complaints officers are attending a conference in January run by the supplier, Tageish where they will raise this as an issue. |
Date changing facility |
Currently Available |
This function already exists to the system module, when further information is required from the customer, the clock can be stopped but for this purpose only. No other changes to the due dates are allowed in line with the legislative requirements for these cases. |
System permission levels |
Currently Available |
These are controlled by the system administrator. Permissions can be set at various levels and officer access can be restricted e.g. to prevent viewing of attached information etc. |
Housekeeping of relevant documents |
Currently Available |
Facility exists whereby the documentation can be saved directly to the system |
Letter templates |
Currently Available |
Standard letters are currently available however some housework is required with regards to the letters held here. Tageish programmer Michael Hill offered on a previous visit to LCC to build editable letters that could be used to include/exclude exemptions via a list of tick boxes. A cost may be incurred if this is to be included. |
Email alert on due dates |
Currently Available |
This facility is currently available but the system needs to be used correctly to ensure this occurs - to receive these, cases need to be allocated to a user rather than a generic mailbox. It is good practice to pro-actively use the Enterprise Dashboard on a daily basis rather than to wait for email alerts. |
Appeals |
Currently Available |
Stage 2 appeals are already available via the FOI module of NSG |
Breakdown of team/Service/Business Unit/Type of complaint on outstanding case files |
Currently Available |
Currently, cases are recorded at (former) Portfolio level. There is a facility to record the nature of the request after it has been received, however, this is based on the HYS module and should be reviewed for FOI and DP cases. On the 1st March 2009 a scheduled plan of work will begin to update the system to reflect the new Business Unit structure and the process owner can decide how they require breakdown from Business Unit/Team/Type of request etc - any categories can be requested and broken down by several strands |
Public domain information |
Currently Available |
This facility already exists in the system. A topic list can be created for new cases which could potentially cut out duplication and enable quick access to previously supplied information; This can be used retrospectively with old cases, however, would need to have a resource applied to go through existing cases. |
Appendix B

1 of 10