blogiadau a thrydariadau WhatDoTheyKnow

Truth & justice for haemophiliacs: WhatDoTheyKnow and the contaminated blood scandal

Postiwyd ar gan Myfanwy

Nothing gives us greater pleasure than to learn that one of our websites has been of help in uncovering an injustice or righting a wrong. So when WhatDoTheyKnow user Jason Evans mentioned how he’d been using the site in campaigning for victims of the contaminated blood scandal of the 1970s and 1980s, we were eager to hear the whole story — which he told us in fascinating detail.

Read on to find out how Jason learned the ropes of submitting an FOI request, and how one thing led to another… until he was looking at a group legal action against the government.


I’m Jason Evans, founder of Factor 8 – The Independent Haemophilia Group.

In short, I’ve spent the last few years trying to achieve truth and justice for haemophiliacs and their families affected by the contaminated blood scandal of the 1970s and 80s. My father, Jonathan Evans, was a victim of the scandal. It’s not my goal to go into the ins and outs of all that here, but instead to explain how WhatDoTheyKnow has been an essential tool for our campaign (if you wish to learn more about the scandal itself, you can visit our website).

It was early 2016 when I decided to start hunting down evidence relating to the contaminated blood scandal for myself. At this time there was already some evidence in the National Archives. It was a good start, but I felt there must be more. Government ministers were maintaining the same line in Parliament… that all the evidence had been transferred to the National Archive or it had been destroyed. This was widely accepted as true.

To this day I don’t exactly know why, but where many had accepted this situation (and understandably so), I simply refused to — or, at least, if it was true I was going to make sure of it.

After a quick search I found WhatDoTheyKnow. I instantly saw that this was going to be a must-have tool for what I wanted to do. I made my first FOI request on the site in April 2016, which in terms of the site’s functionality was super easy, but I definitely had a lot to learn.

In hindsight, my first FOI requests were badly framed, too broad and lacking in specifics: the vast majority were coming back as either “Information not held” or with any number of exemptions which was all very frustrating. It felt like I was getting nowhere.

Over time however, I began to refine my requests and learn best practice by reviewing the successful requests made by others, even those that had no connection at all with what I was doing. I read the Freedom of Information Act and familiarised myself with the exemptions, costs and what my rights were.

Things began to change: some of my requests were becoming partially or completely successful and all the while I was reviewing more evidence from the National Archives and other sources.

Things really began to snowball in 2017 when one day I began to cross-reference the government’s own filing system in my own spreadsheet. Noticing certain markings they had used allowed me to identify specifically what files were missing and FOI them using the government’s own internal reference system.

This strategy was almost flawless and has revealed tens of thousands of documents which have as yet never seen the light of day, and this work remains ongoing.

In May 2017 I brought a legal action against the government based on the evidence I had seen; shortly after this became a Group Legal Action which presently involves up to 1,000 claimants.

Just one week after the Group Litigation Order was lodged at the High Court in July 2017, the Prime Minister Theresa May announced that a full UK-wide public inquiry would be held into the contaminated blood scandal.

When I reflect back on that time, I don’t think there was any single person or action that got us there: it was a culmination of momentum. We always say “the stars aligned” when talking about it within the community and I think that’s pretty much what happened.

It would be nice to say that this was all some master plan but it wasn’t really; it was a venture taken out of a mixture of curiosity, determination and the simplest sense of wanting to find out the truth. WhatDoTheyKnow helped me to do just that, to get that bit closer to the truth.

In November 2017 Sky News ran an exclusive story regarding a Cabinet Office memo I unearthed, in no short part thanks to WhatDoTheyKnow.

The journey to that Cabinet Office memo began with this FOI request.

Eventually, the file I was requesting was made available in the National Archive as a result of that request. Upon checking the file in person there was a piece of paper inside with a note written in pencil saying that one of the memos had been removed, and it gave a reference number. I recorded this information, then FOI’d the Cabinet Office for it. They digitised the file and indeed it was there. Less than ten days after the FOI response we had the story on Sky News (and here’s a summary video).

I had help from a lot of people, in particular Des Collins and Danielle Holliday at Collins Solicitors, my friend Andrew March for his encouragement, assistance and ideas, as well as others who may not wish to be named.

I always remain aware that I’m doing the work others might have done, if it were not for the fact that they died far too young as a result of the scandal — or have been driven into secrecy for fear of the stigma associated with it.

The public inquiry is due to begin shortly and the legal case remain ongoing. I would like to thank WhatDoTheyKnow again for providing such an excellent platform with endless possibilities.

Thanks so much to Jason for sharing this remarkable story. We wish him the best of luck as the case progresses.

Image: Raw Pixel (Unsplash)

3 sylw

Taxis, wheelchairs and local authorities: an update

Postiwyd ar gan Myfanwy

Last year, we highlighted a bureaucratic loophole that allows taxi drivers to discriminate against passengers in wheelchairs.

As WhatDoTheyKnow volunteer Doug Paulley discovered through multiple Freedom of Information requests at the time, the lack of a simple piece of administration meant that taxi drivers could refuse to take wheelchair users, or charge them extra, with complete impunity.

New legislation set a fine of up to £1,000 for such behaviour, but it can only be applied if the local council has a list of designated list of wheelchair-accessible taxis. Back in April 2017, Doug’s research indicated that 59% of authorities had no such list, nor a plan to create one.

A year later, Doug has revisited the research, and while that figure has gone down slightly, there is still cause for concern. Doug explains:

As it is now more than one year since sections 165-167 of the Equality Act 2010 were commenced (the provisions designed to combat taxi drivers’ discrimination against wheelchair users) I have updated my research into its implementation and efficacy.

No driver has faced any enforcement action under S165 of the Act, anywhere in the country. I find it difficult to believe that there haven’t been any offences committed under S165 of the Act. I have experienced several myself. I think that the fact that there have been no such enforcement actions suggests a fundamental problem with the (frankly) clunky implementation of the provisions of the Act.

As of October / November when I submitted my follow-up Freedom of Information requests, only 35% of local authorities had implemented the new provisions in their area, and only a further 16% (total 51%) of authorities intended to do so by now. Given that the Department for Transport’s statutory guidance on such recommended that all authorities implement the provisions by October 2017, this is concerning.

Many of the authorities that have attempted to implement the legislation have failed to comply with the fine print, likely making the provisions unenforceable in their area. As for the government’s good practice recommendations that councils e.g. publish the size of wheelchair each taxi can take — no councils are doing that.

I am sure that when Baroness Deech told the Secretary of State that he was defying Parliament’s will by failing to commence these provisions, she expected to have a much greater impact on discrimination. I’m really disappointed that this has sadly not been borne out in reality.

You can find lots more information about this issue, along with all the facts and figures, on Doug’s website. There’s also an invitation to contact your local councillors if you’d like to draw their attention to this issue.

Image: Tam Le (CC by-nc-nd/2.0)

1 sylw

A new call to join the WhatDoTheyKnow team

Postiwyd ar gan richardtaylor

We’re seeking people to join the WhatDoTheyKnow team, dealing with the day-to-day administration of the site.

Over seven million people viewed our Freedom of Information website WhatDoTheyKnow last year; it now hosts almost 50,000 requests for information and has around 150,000 registered users. The site, which is managed on a day-to-day basis by volunteers, is continuing to grow.

Last year we ran a successful call for volunteers which led to a new cohort of people joining the core volunteer team, and a number of others taking on associated roles.

We have decided to make the call for volunteers an annual event, as it’s always useful to have more people involved in running and improving the service. The site’s growth isn’t the only factor: people move on, circumstances change, and there’s always a need to keep the pool of volunteers topped up.

Volunteers, like mySociety staff, work remotely from home, and can pick the days or hours that suit them best. There is no set number of hours required.

Administrator roles

Would you be interested in joining the team as an administrator? Currently that role involves:

  • Considering, and acting on, requests to remove material from our site The material in question could be something big (like the accidentally released personal information of thousands of staff at a public body), something small (such as an individual’s phone number), or, to give a recent example, the address of a vice-chancellor’s official on-campus residence which the university doesn’t think should be published.
  • Assisting users with using our site, providing advice on requesting information and helping resolve basic issues with their accounts.
  • Managing the service by resending bounced emails, dealing with messages that public bodies have misdirected, and maintaining and extending the database of public bodies which the site relies upon.

Other roles

Due to the requirements attached to their grant funding, the efforts of mySociety’s paid staff are currently focused on developing the WhatDoTheyKnow Pro service and supporting deployments of our Alaveteli FOI software in other countries. To support the operation of WhatDoTheyKnow in the UK we’d also like to find volunteers could take on some additional roles. If your skills fit any of the descriptions below, you’d make a great addition to the team:

  • Team administrator  Could you help us keep track of legal deadlines, organise (and perhaps chair or minute) our regular team meetings and ensure we follow up on outstanding items?
  • Volunteer developer It would be useful if we had volunteers able to make tweaks to the site’s software to support the growth of the site and the work of the other volunteers. Tasks could include improvements to the administration interface, and making updates to the static pages on the site.  This role would provide an opportunity to get experience working with mySociety’s highly professional development team, or offer a chance for an experienced developer to help out a team working on an impactful civic project.
  • Strategic fundraiser Could you help us obtain the funds we need to keep WhatDoTheyKnow.com running and ensure that the operation is sustainable as it grows? This would be an opportunity to work with volunteers, and you’d also work in tandem with mySociety staff, including the professional fundraiser we’re currently also seeking to recruit.
  • Documentation specialist The volunteer team, along with mySociety’s staff and trustees, have developed a substantial number of policies governing how the site is run. These are filed in the staff Wiki, and also, where possible, made public on the site. Tending to both these aspects of our documentation would be a great help to the team, and to users.
  • Public body database administrator Behind WhatDoTheyKnow is perhaps the largest database of public bodies in the UK — would you like to help maintain and improve it? There may be opportunities to support new WhatDoTheyKnow Pro features which are in development, for example by curating lists/groups of public bodies.
  • Regional, or sector, specialist Would you like to join us and help improve our service in a particular geographic or sector area? Perhaps you would like to help ensure we have full coverage of public bodies in, say, Manchester, and ensure they’re well described.
  • Journalistic / communications volunteers We would like to do more to promote and encourage high quality use of our site, for example though a regular blog post pointing to notable responses received each month.

Requirements

If you’d like to join us, and think you’ve got something to offer, then please do get in touch.

There are no formal requirements for our volunteer roles, although due to the way we work the ability to write clear, professional, emails is essential; and when corresponding with our users we need excellent communicators who are able to provide to support to people from a broad range of backgrounds.

A number of our current volunteers had not made significant of use of the service themselves before joining the team. You don’t need to be an avid Freedom of Information requestor, activist, campaigner or journalist to join us; but if you are, that’s great too.

While we do need people who can regularly share the workload associated with dealing with incoming user support, and takedown requests, there are also opportunities to carry out self-contained projects, or help out on an occasional basis.

What are the benefits?

While these are unpaid positions, you may enjoy the satisfaction of knowing that you are supporting a service that is of help to the UK population, often empowering users to uncover information that would otherwise remain unknown.

All at mySociety and WhatDoTheyKnow are immensely grateful for the work put in by volunteers: their contributions release mySociety staff and the rest of the team to focus on elements of the service where their skills are best used.

But there are some fringe benefits, too:

  • You’ll gain experience in running a high traffic website processing a high level of user-generated content.
  • You’ll work as part of the team on often complex cases involving data protection law, defamation law, and sometimes requiring tricky journalistic and moral judgments.
  • You’ll take a vital role supporting a key part of the UK’s democratic and journalistic infrastructure, helping at the front line of tackling fake news, and helping inform public debate on a wide range of important matters from security and defence to benefits, health and care.

WhatDoTheyKnow volunteers have gone on to careers in the law, and experience with the team may well be useful for those considering entering journalism, or roles in information management.

Volunteers may be invited to mySociety events and meet-ups, providing a chance to take part in discussions about the future direction of the service and the organisation’s activities more generally. There have been a number of conferences held, where those running Freedom of Information sites around the world have got together to share experiences: one or more volunteers may be invited to join in, with travel expenses paid.

While our volunteer roles are unpaid there are funds available to cover travel and training costs.

Applying

Please write to us by the 23rd of April 2018, introducing yourself, letting us know about any relevant experience and skills you have, and telling us how you think you may be able to help out. If you’ve made use of our service, or FOI, do tell us about that: we’re always interested in hearing users’ stories.

Other ways to help

If volunteering to join the WhatDoTheyKnow team isn’t for you, perhaps you could:


Image: Clark Tibbs

4 sylw

Memorable FOI requests from WhatDoTheyKnow’s first ten years

Postiwyd ar gan Myfanwy

To help us mark WhatDoTheyKnow’s tenth anniversary, we asked volunteers, supporters and users to tell us which Freedom of Information requests from the site’s first ten years particularly stuck in their minds.

The result was an eclectic mix of stories that really show the breadth of how WhatDoTheyKnow has been used. They have very little in common — unless you count the imagination and tenacity of those using FOI to try to uncover significant information.

Doug Paulley, WhatDoTheyKnow volunteer

A exposé that helped bring in the living wage for carers

Doug is one of the team of volunteers who give up their time to keep WhatDoTheyKnow running, using their experience and knowledge of FOI to moderate the site, give users guidance, and help set policy. Doug is also an extremely active user of FOI, having used the act to uncover many examples of discrimination and malpractice over the years.

He highlights the story of a care home talking the talk, but very much failing to walk the walk when it came to paying its staff the living wage.

“The exposure brought about by FOI played a significant part in the campaign for Leonard Cheshire, care home operator with 2,100 residents, to significantly increase carers’ wages to (just short of) the voluntary living wage. Journalist Heather Mills covered the story in Private Eye.” Read the whole story here.

Owen Blacker, mySociety trustee

Missing historic information on Cold War targets

Owen co-founded FaxYourMP, the earliest version of mySociety’s  WriteToThem, and has been an important part of the organisation ever since — he’s now one of our trustees and a non-executive director. He recalls the building and launch of WhatDoTheyKnow and indeed was one of its earliest registered users.

Owen particularly remembers a pass-the-parcel like series of FOI requests in which he was handed from one organisation to another:

“I went round in circles trying to find out some Cold War information that nobody claims to know any more. In 1980, the entire Civil Service, nationwide, ran a dry run of a Cold War nuclear attack on the United Kingdom, called Operation Square Leg. I’m slightly concerned that we spent a lot of money planning the civil contingencies of a Cold War attack — a sensible things to do, arguably — but no longer know where we were expecting to be hit or at what megatonnage.” Owen links to the requests from this blog post.

Will Perrin, Indigo Trust

Safer streets and better data handling

Will is not only a trustee at Indigo, supporting mySociety’s work with parliamentary monitoring organisations in sub-Saharan Africa, but he’s also a trustee of London’s King’s Cross Community Projects. Indeed Kings Cross — a locality in which Will has a personal stake, with a long record of community action — is the subject of two of the three FOI requests he singled out:

First was the Kings Cross Walkability audit which revealed just how hostile to pedestrians the area was back in 2008. At the time, Will wrote in his blog: “Crossing the road in Kings Cross is a nightmare and now we have an official report commissioned by TfL that sets it out in black and white.”

Today he recalls its impact: “This document underpinned the police taking a corporate manslaughter case against TfL to the Criminal Prosecution Service with regard to a cyclist’s death in 2011. The case did not proceed but was instrumental in changing TfL’s attitude to cyclists’ rights.

“Then this request revealed a massive overspend by Network Rail in refurbishing its own offices at Kings Cross”.

Finally, Will’s third choice of request had wider implications for the country as a whole:

“The National Police Chiefs’ Council revealing that there was no governance system in place for the Automatic Numberplate Recognition System (ANPR) and the existence of Met’s ‘Olympic Data Feed‘ led to a new governance system being instilled; some 2 billion records were deleted along with the introduction of a vastly reduced retention period.” Annotations at the foot of this request give a little more background.

Matthew Somerville, mySociety developer

A long-standing pillar of mySociety’s development team, Matthew wrote the core code behind many of mySociety’s most notable websites and tools, including FixMyStreet and TheyWorkForYou. He spends his working days coding for mySociety’s useful tools, and much of his free time coding his own useful tools, if his website is anything to go by. What was his most memorable FOI request?

“It was a request asking Royal Mail for information about all their postboxes, made by Tom Taylor.  I had to write a crowd-sourcing tool to locate them, as the information provided included street name but no actual location; they then (from another FOI request a few years later) released the co-ordinates as well.”

The data is mapped here. Why is this request significant?

“I’m not sure it’s really significant, but I do get plenty of people telling me they’ve used the site, and it’s something Royal Mail never got around to providing (even though that was their reasoning for refusing to release it)…”

So there we are: a handful of the 458,219 requests that WhatDoTheyKnow has processed to date. There are so many stories around FOI requests: each of them represents someone’s burning question; many of them result in a response that’s important, or fascinating, or historic. And that’s what makes WhatDoTheyKnow so rewarding to work on.

 

50 news stories uncovered by WhatDoTheyKnow’s users

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We’ve talked a lot about our new service for journalists and other professional users of Freedom of Information — but it’s not always the professionals who uncover the news stories.

This week, we mark WhatDoTheyKnow’s tenth anniversary. As part of the celebrations, we thought we’d look back on the news stories that came about because of requests made through the site. Many of these began with an FOI request submitted by a user with no links to the press, and were picked up by news outlets because the response was of public interest.

From the restrictions on what names can be given to a baby in this country, to an accidental torpedo release, and via a geographically-accurate Tube map, it makes for fascinating reading. You can see them all here.

Ten years of WhatDoTheyKnow

Postiwyd ar gan Myfanwy

On 22 February 2008, we posted an announcement on this very blog: “the new mySociety Freedom of Information site is now live”.

More than 450,000 requests later, WhatDoTheyKnow is marking its tenth anniversary: as part of the celebrations, we’ve put together a timeline showing how WhatDoTheyKnow has intersected with the history of FOI in the UK since we first gained our right to information in 2005. If nothing else, you may enjoy looking at the site’s rather more primitive design back in its early days.

The past decade has seen legal challenges, contributions to Parliamentary inquiries, and the development of our code for use in other countries (26 and counting). It has proved that an ambitious project can be kept going thanks to the efforts of unpaid but skilled and dedicated volunteers.

Most of all, though, it’s seen you, the general public, submitting requests for information, and sharing the responses you receive. That was always the idea, and, it turns out, it’s a pretty sound one.

 

ATOS, Capita, PIP… and some persistent FOI requests

Postiwyd ar gan richardtaylor

An article in the current Private Eye Magazine has drawn our attention to the use that disability campaigner John Slater is making of our Freedom of Information service WhatDoTheyKnow.com.

In December 2016, Mr Slater asked the Department for Work and Pensions (DWP) to release the monthly “management information reports” received from contractors ATOS and Capita in relation to their work assessing eligibility for Personal Independence Payment benefits.

Mr Slater has pursued his request for over a year, and wasn’t put off by an initial response which stated that the information requested wasn’t held, nor a subsequent response refusing to release the material citing the contractors’ “commercial interests”.

In December 2017, a year after Mr Slater made his request, the Information Commissioner ordered the DWP to release the material, stating “The Commissioner has not been satisfied that disclosing the withheld information would be likely to damage the commercial standing of ATOS and Capita”. The Information Commissioner dismissed the DWP’s concerns that the information requested could be “misinterpreted in ways that could lead to reputational damage to both the Department and the PIP Providers as well as prejudice the efficient conduct of public affairs”.

The Information Commissioner’s decision notice was highly critical of the way the DWP had handled the case, noting the use of “standard paragraphs” rather than a discussion of the public interest tailored to the material in question, and DWP failing to engage promptly with the Information Commissioner, thus causing further delay.

The DWP have not yet complied with the Information Commissioner’s decision; they have appealed and a tribunal hearing is scheduled for April 2018.

This request is far from the only one showing Mr Slater’s persistence in pursuing the release of information held by the Department for Work and Pensions.

A request for Project Assessment Review Reports for the Universal Credit Programme that Mr Slater made in April 2016 was initially accepted and the department said they were considering it. Mr Slater chased up the lack of a response in June, and again in August and September, but when, six months after his original request, Mr Slater chased them again in October they deemed his persistence to be vexatious and rejected the request.

That request has now been further rejected by the DWP, who say that the information “if released would, or would be likely to, prejudice the free and frank provision of advice or which would otherwise, or would be likely otherwise to, prejudice the effective conduct of public affairs.”

Mr Slater has referred that decision to the Information Commissioner too.

On the 5th of December 2017, Debbie Abrahams MP, the Shadow Secretary of State for Work and Pensions, deployed the Parliamentary procedure of a motion for “an humble Address be presented to Her Majesty” to seek the release of the documents to the Work and Pensions Committee. MPs agreed the motion unanimously.

The committee are currently in correspondence with the Government over redaction, and arrangements for access to the material.

The committee chair, Frank Field MP, has suggested that:

A couple of copies would be made. These copies will be kept securely and members would be invited to come to the Committee office to read them. No-one else, other than the committee members, will be invited to make this journey to our Committee office and members will not be able to make copies, or take notes, about the documents.

– so despite the decision by the House of Commons the public still might not get to see the material via that route.

Mr Slater has been in touch with us and told us he finds the service provided by WhatDoTheyKnow extremely helpful when submitting and managing FOI requests.

He said that the ease of submitting requests and built in workflow that keeps track of time, reminding users that a response should have been issued, is invaluable. He also likes that a single platform exists where information obtained by its users is made available for everyone, as that embodies the spirit of the Freedom of Information Act.


Image: John-Mark Kuznietsov (Unsplash)

Making better FOI requests in Hackney

Postiwyd ar gan Mark Cridge

We’re in the process of conducting a discovery and prototyping exercise to understand how Hackney Council currently respond to FOI requests — and also Subject Access Requests (SAR) — ahead of the new General Data Protection Regulation (GDPR), coming into force in May 2018.

The aim is to explore how we can help members of the public find the information they are looking for when attempting to submit an FOI or SAR request and subsequently, when a request is complete, making it easier to publish the non-personal responses to requests through a searchable public disclosure log.

Information should be free

When someone makes a Freedom of Information request to a public body, we like to think that the information provided, often at a not insignificant cost, should be available freely to everyone, in public.

That’s the basis of our Alaveteli software which runs in at least 28 countries, and WhatDoTheyKnow in the UK which has grown to become a vast database approaching half a million FOI requests and responses over the last 10 years, from almost 19,000 public bodies.

From our own research we know that at least 15% of all FOI requests made in the UK pass through WhatDoTheyKnow, and that rises to over 30% of all requests to some central government departments. That still leaves somewhere over 70% of all requests that feasibly could be made available to the public.

What usually happens instead is that these individual requests remain hidden away in private mailboxes and probably won’t ever see the light of day.

Our FOI strategy

In response to this we’re on a mission to expand the share of FOI requests that are catalogued and released in public through WhatDoTheyKnow. This requires us to have an understanding of the nature and source of these other requests.

Broadly speaking around one third of these remaining requests are made by commercial businesses seeking contractual information from councils, NHS trusts and the like. About a fifth are from journalists researching for stories, another slice come from students or academics, and the remainder from individuals who are often making just a single request.

Our overall strategy is pretty simple: expand the scope of WhatDoTheyKnow where we can to capture more requests directly, and create new services to cater to specific user needs.

This thinking is what led to our service for journalists and campaigners, WhatDoTheyKnow Pro. (So far we’ve been reluctant to directly cater to FOI requests made by commercial businesses, although on balance it would be better if these requests did eventually make it into the public domain.)

Working with Hackney

Through WhatDoTheyKnow we’ve been pretty firmly focused on helping citizens make good FOI requests. Some readers may remember our previous forays into this area, with WhatDoTheyKnow for Councils (since retired). We found issues with that: specifically, the assumption of immediate publication in particular placed us in position as both poacher and gamekeeper, creating a conflict of interest we weren’t comfortable with.

However when we consider the full lifecycle of creating a response to an FOI request we still believe that we can use our experience of FOI to help public bodies support better drafting of initial requests and aid the management of responding to these requests.

Which brings us back to our new collaboration with Hackney.

More specifically, we are working with Hackney to explore how we can:

  • help users better submit clear and valid requests
  • integrate this request form with other sources of information (including with a disclosure log) to try and help users find what they need more quickly and conveniently
  • integrate with case management services so that queries are answered quickly and information published openly wherever possible
  • use information from previous requests to speed the allocation of a particular request to a specific council service
  • support compliance with current legislation, and pre-empt forthcoming changes (GDPR).

We’re just at the beginning of this process but we’ll be blogging and sharing more updates over the next couple of months. We will also be speaking to other public sector bodies, councils in particular, about how they manage the process of responding to FOI requests, the challenges they face, and the opportunities this offers them to proactively release more publicly available data.

Hackney are a great partner to work with. As you might be already aware they have been very active in adopting user-centred, agile methods to develop new services, they are comfortable and vocal talking about their work in public (check out the HackIT blog here) and they are especially focused on bringing their staff along with them as they evolve their approach.

We’ve got a lot to learn from them, and hopefully they can benefit from some of our experience representing the needs of citizens.

Get involved

If you’re responsible for managing FOI requests or data protection in your own public sector body and you’d like to follow this project in more detail — or if you’d like to participate in some of the discovery work — then please get in touch at hello@mysociety.org.

Update: See part 2 of this blog post here.

Image: Simon Blackley CC BY-ND 2.0

2 sylw

Consultation response: Revised Freedom of Information Code of Practice

Postiwyd ar gan Myfanwy

The Freedom of Information Code of Practice is a set of guidelines for the public authorities that are liable to respond to requests for information under the FOI Act. It advises these bodies on how to adhere to the law and what counts as best practice.

The Cabinet Office recently ran a consultation on proposed revisions to the Code of Practice. Since this Code directly relates to the activities of the website WhatDoTheyKnow, and the services it provides for our users, we put in a response, which you can view here.

The response was submitted under the joint names of WhatDoTheyKnow, our FOI codebase project Alaveteli, and mySociety itself, having been worked on by the WhatDoTheyKnow volunteer team, those working on the Alaveteli project, and mySociety’s researchers. Between them there is a substantial amount of experience and knowledge on FOI in the UK: much of our response is based on our experience in helping users to obtain information from public bodies.

Indeed, our response commented on points which we felt particularly affect our users; among other issues, we responded on:

  • Timeliness of responses, including the introduction of time limits for internal review and public interest test extensions, and the importance of prompt responses to requests which inform current public debate.
  • The use of pseudonyms by those making requests: what counts as a pseudonym; whether this should be one of the indications that can be used to label a request as vexatious, and whether authorities might, at their own discretion, process a request even if pseudonymous.
  • Proactive publication, including the point that routine publishing of data may be more efficient and cheaper than responding to individual repeated requests. One suggestion is that every Freedom of Information request should prompt a consideration by the public body of whether the kind of information requested could practically be routinely published.
  • The application of fees to a request: the desirability of pointing out that most FOI requests do not incur a charge and that the requester will never be charged without notice. People can be deterred by the prospect of fees, and bodies’ responses often contain worrying notices about them in their emails and on Freedom of Information web-pages, when in reality they are rarely applied.
  • The means of communication: that requests made by email, unless the requester specifies otherwise, should be taken as a preference for a response by email; the ease of making FOI requests; and the ease of using data in the format provided in any response.

We replied on several other points too, including the status of the Code of Practice itself. It was issued in 2004, and has not been updated since, and in fact it’s not a document that we use regularly when we’re advising users or corresponding with public bodies about the application of Freedom of Information law.

The high quality guidance which we, and our users, do use on a day-to-day basis comes from the Information Commissioner, so we suggested the Government consider whether, and if so how, the Code of Practice could incorporate, or endorse that documentation.

One other important point is that the Code of Practice constitutes guidance rather than law, so any welcome shifts in policy that it endorses should ideally be reflected in the law too.

As a case in point, while the Freedom of Information Act has always covered information “held on behalf” of a public body, the proposed Code of Practice sought to make information held by contractors working for public bodies more accessible in practice: we welcome this but we do caution that issuing a new Code of Practice is not a substitute for amending the law, if that’s what’s required.

If you are interested, do read our submitted document in full.

You may also like to see responses from the Campaign for Freedom of Information and the Open Government Network: as we three organisations’ submissions share several common themes (without our having consulted one another), we hope that there’s a good chance of the Government taking them into account.


Image: Nick Youngson (CC by-sa/3.0)

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WhatDoTheyKnowPro has launched… quietly.

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If you happen to have visited the WhatDoTheyKnowPro page recently, you might have noticed that we’ve changed from offering free beta testers’ accounts to rolling out the payment interface.

Yes, we’ve launched! But not with a bang: having quietly introduced the payment option, we wanted to wait for a while and check that there were no issues before making a public announcement. Consider this that public announcement.

Just a reminder at this stage, in case you haven’t followed along with previous blog posts: WhatDoTheyKnowPro is a Freedom of Information toolkit which provides extra help with sending and organising requests. It’s designed to provide extra functionality for journalists and other people who use FOI in their jobs; if you’re a standard user of WhatDoTheyKnow, there’s nothing to  pay and there never will be. We’ll always keep the site, and all its current functionality, free for everyone.

The question of price

Launching WhatDoTheyKnowPro provoked an interesting debate on where to position it, pricewise.

It’s not that we’ve never put a price on any of our services before: mySociety is a social enterprise, and we charge for some use of our APIs; our council clients pay us for FixMyStreet Pro; you can buy transit-time maps on Mapumental. These sources of income are just part of what help us to provide our core citizen-facing services for free.

And we’re hardly trailblazers in that respect: in fact, it was fascinating to read the Knight Foundation’s recent report Scaling Civic Tech and see how common it is in our sector to rely on a variety of revenue streams, from user donations to philanthropic grants, to paid-for services.

But while we may have experience in charging for our services, it’s definitely the first time we’ve had to price up a Freedom of Information toolkit for journalists and professionals!

What’s it worth?

We were effectively in the position of many an enterprise startup: with a market proposition that doesn’t exist in this exact form anywhere else. How do you know how to price something in those circumstances? Set it too low and you could miss out on important revenue; too high and you’ll alienate potential customers, many of whom are freelance journalists paying for their work tools out of their own pockets.

Still, this project has been a process of tackling problems and questions thoughtfully — from deciding which features to include in this initial version, to debating how to encourage journalists to link back to the news stories they’ve created once they’re live. Perhaps we could bring the same approach to pricing.

Ask the experts

Fortunately, with over 100 beta testers, we had a pool of users who knew the service well enough to be able to give an expert opinion on how much value it was bringing them. Sending out a survey brought some very useful responses, not to mention feedback about what our beta users liked and what they’d appreciate in future roll-outs.

WDTKPro survey

That said, we’re well aware of research indicating that people are not always experts on what they are actually willing to pay.

And of course, it makes sense that different people will attach different values to a service, depending not only on their own finances but, in this case all sorts of other factors such as how frequently they use FOI and how accustomed they are to paying for technology.

Faced with responses to the survey that ranged between a suggested price of £1.00 a month to £50.00, that was, in some strange sense, reassuring to know.

To be fair, those were the extremes. There was a good consensus in the middle and that helped us decide on an introductory price of £10 a month.  We’ll assess this after a few months to see whether it’s bringing the number of sign-ups we expect.

Open for business

If you’re a journalist or someone who uses FOI in your work, you can now go and give WhatDoTheyKnowPro a go! We hope you’ll let us know how you find it.


Image: Sven Scheuermeier (Unsplash)