Schools within London Borough of Sutton Publication Schemes

Link: [1]File-List

30th January 2009

Case Reference Number IRQ0232411

Dear Mr John

Thank you for your email dated 29 January 2009 in which you have made a
request for information to the Information Commissioner’s Office.

Your request is being dealt with in accordance with the Freedom of
Information Act 2000.  We will respond by 26 February 2009 which is 20
working days from the day after we received your request.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad2D32F_files/filelist.xml

Link: [1]File-List

3rd February 2009

Case Reference Number IRQ0232411

Dear Mr John

I am writing further to my email dated 30 January 2009 in which I
acknowledged your request for information to the Information
Commissioner’s Office (ICO).

Specifically you asked;

‘Could you please tell me how many schools in the London Borough have a
publication scheme in place and approved by the Information Commissioner.
If possible could you break the information down into Primary and
Secondary schools and the name of such schools with an approved
publication scheme in place.’

Such requests are deal with under the Freedom of Information Act 2000 (the
FOIA).

Unfortunately we do not hold the information which you have requested as
we do not have lists of who has adopted our model publication scheme.  It
would appear helpful if I clarify that all schools both primary and
secondary are expected to adopt the model publication scheme which has
been developed and approved by the ICO for use by all public
authorities. 

It is the duty of every public authority (which includes schools) to adopt
and operate an approved publication scheme, therefore we assume that they
have adopted the model unless they contact us to tell us otherwise.  As
we have not received any such communication we assume that all schools in
the London Borough have adopted and are operating the model scheme.

It may be useful for you to know that general information in relation to
the model publication scheme is available from our website
([2]www.ico.gov.uk) via the following link;

[3]http://www.ico.gov.uk/what_we_cover/free...

Information in relation to the model publication scheme and schools in
England can be found via the following link;

[4]http://www.ico.gov.uk/Home/what_we_cover...

If you are dissatisfied with the response you have received and wish to
request a review of our decision or make a complaint about how your
request has been handled you should write to the Internal Compliance Team
at the address below or e-mail [5][email address]

Your request for internal review should be submitted to us within 40
working days of receipt by you of this response. Any such request
received after this time will only be considered at the discretion of the
Commissioner.

If having exhausted the review process you are not content that your
request or review has been dealt with correctly, you have a further right
of appeal to this office in our capacity as the statutory complaint
handler under the legislation.  To make such an application, please write
to the Case Reception Team, at the address below or visit the
‘Complaints’ section of our website to make a Freedom of Information
Act or Environmental Information Regulations complaint online.

 

A copy of our review procedure is attached.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/radD73B7_files/filelist.xml
2. http://www.ico.gov.uk/
3. http://www.ico.gov.uk/what_we_cover/free...
4. http://www.ico.gov.uk/Home/what_we_cover...
5. mailto:[email address]

Link: [1]File-List

10th February 2009

Case Reference Number IRQ0232411

Dear Mr John

Thank you for your email of 3 February 2009 in which you have made an
enquiry in relation to the Commissioner’s powers and the Freedom of
Information Act 2000 and how to make a complaint.

I have passed your enquiry to our Customer Services Team who will provide
you with a detailed response in due course.

Yours sincerely

Joanne Crowley

Assistant Internal Compliance Manager

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/rad70649_files/filelist.xml

Link: [1]File-List

12th February 2009

Case Reference Number ENQ0233887

Dear Mr John

Thank you for your enquiry about what happens if a school fails to adopt a
publication scheme.

Firstly I will detail, as you requested, the legal requirement to have a
publication scheme in place, and any ultimate sanctions and powers
available should those requirements be unfulfilled.

Part 1 S.19(1) Freedom of Information Act 2000 (FOIA) states that ‘It
shall be the duty of every public authority a) to adopt and maintain a
scheme which relates to the publication of information by the authority
and is approved by the Commissioner.

Part 1 S.20(1) FOIA states that ‘The Commissioner may from time to time
approve…model publications schemes prepared by him….’

Schedule 1 FOIA lists public authorities, Part IV of this schedule defines
a maintained school as being a public authority under FOIA.

Part IV S.52 (1) FOIA gives the commissioner the power to serve an
enforcement notice on any public authority who has failed to comply with
any of the requirements of Part 1 FOIA.

Part IV S54 (1) (c) gives the Commissioner the power to certify in writing
to the court that the public authority has failed to comply with an
enforcement notice.

I have mentioned S.20(1) above as from 1 January 2009 a new model
publication scheme, approved by the Commissioner, came into operation,
superseding all previous publication schemes. Unlike previous schemes the
new model does not have to be submitted to us for formal approval, the
assumption is that all public authorities will have the scheme in place as
of 1 January 2009.

Although the Commissioner does have the powers and sanctions detailed
above it is the aim of this office to work with public authorities to
encourage compliance with the FOIA for everybody’s mutual benefit. To
this end we are preparing a strategy for checking that public authorities
have the new model publication scheme in place. We expect this monitoring
to begin at the beginning of April 2009. The exact plans and procedures
have yet to be finalised.

If you wish to complain about a school not having a publication scheme in
place I would suggest that you take this matter up with the school
themselves in the first instance. If you don’t have any success then you
could make a formal complaint in writing to us by filling out one of our
complaint forms, available on our website [2]www.ico.gov.uk .

I hope answers your enquiry and is useful. Do please get back in touch
with us by letter, phone or email if you need any further help or
guidance.

Yours sincerely

Cath Schofield (FOI Good Practice)

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/radCEB9A_files/filelist.xml
2. http://www.ico.gov.uk/