blogiadau a thrydariadau WhatDoTheyKnow

FOI and the Irish border issue

Postiwyd ar gan Myfanwy

At the time of writing, a No Deal Brexit seems ever more likely. What exactly will that mean for the UK?

Attempts to answer this question have filled many column inches, hours of broadcast and endless tweets. There is certainly no lack of opinions.

But opinions are best based on facts, and it was in this spirit that WhatDoTheyKnow user Jon Rush set out to request vital information about the key Brexit sticking point, and the main reason that a deal is so hard to agree — the Irish border.

Brexit and the border

As Jon explains, “Brexit creates serious problems for the current arrangements between Northern Ireland and the Republic of Ireland under the Good Friday Agreement  because they depend heavily on both the UK and RoI being in the EU”.

He wanted to gain access to the results of a mapping exercise, referred to in a joint report from the EU and UK negotiators but not available to the public at that time, which assessed the level to which co-operation between the North and the South depends on the EU frameworks currently in place.

Crucial information, you might think, for the general public who will be so affected at every level by whatever type of Brexit we enter into. Jon certainly thought so — but getting hold of it would set him on a long journey.

A hard-won result

Jon’s initial request, to the department for Exiting the EU (DEXEU) was in December 2017. You can follow its long and complicated journey on that page, thanks to Jon’s detailed annotations.

FOI is one of the few tools that individuals can use to hold government to account and it’s important to use it — otherwise government will never take transparency seriously.

Simultaneously he was requesting the same information via our partner AccessInfo’s site, AskTheEU.com, which covers EU authorities — and meanwhile, MPs in the UK’s Exiting the EU Select Committee requested the same information on numerous occasions throughout 2018, but were repeatedly rebuffed by government.

Pursuing his right to information would take Jon via the ICO, the European Ombudsman and to the brink of a tribunal, but in the end, the report was indeed released into the public domain.

What was revealed

What did it tell us?

“It contains a description of each area relevant to North-South cooperation under the Good Friday Agreement together with an assessment of how far it is underpinned by EU legal and policy frameworks.

“The focus in the media has tended to be on trade/customs arrangements, but if you go through the mapping exercise, you find that many other areas of cooperation are underpinned by the EU membership, including transport links, water, waste management, energy, Irish language broadcasting, mobile roaming, invasive species, disease control and cross-border police cooperation.

“Overall, 96 out of 142 different areas covered by the mapping exercise were found to be supported by EU legal or policy frameworks (with well over a third being “directly underpinned or linked”, ie EU membership is particularly significant).

“This shows that any workable solution is likely to involve the UK committing to quite a close relationship with the EU, at least in the areas identified as crucial to North-South cooperation”.

Approaching the UK border on Newtown Road for J0719 The houses beyond the sheugh which here marks the Border are in Co Armagh. The gate in the foreground are those of disused ROI Border facilities. The road sign is a reminder of the Republic's 80kmph speed limit on back roads.

Disused ROI border facilities in Co Armagh. Image by Eric Jones (CC by-sa/2.0)

A lack of transparency

The release of this information was a positive result — but Jon believes that the government has been far from open during the whole Brexit process.

“To be properly informed about Brexit, we need access to information which is often available only from government. It would be very difficult for an organisation outside government to produce something like the mapping exercise because it requires input from numerous experts across different areas and in some cases, access to information that only government is likely to have.

“Government is therefore uniquely well placed to provide this information – but if government refuses to share it, it’s impossible to get the full picture.

“In my view, the government’s approach to its own documents concerning Brexit has been to release as little as humanly possible, arguing that disclosure would undermine its negotiating position with the EU.

“I accept that occasionally, information may need to be withheld for this reason. But it is equally if not more important that people can understand what Brexit will mean for them —  and I don’t think the government has paid anywhere near enough attention to that issue”.

Evading scrutiny

This was not Jon’s first experience using FOI: in fact, he had recently exercised his rights to information on another Brexit matter.

I asked DEXEU for details of the scope and timetable of their consultation on leaving the EU. This was after David Davis (who was then Secretary of State for Exiting the EU) had told Parliament in September 2016 that the government would be consulting widely on the options for leaving the EU.

WhatDoTheyKnow.com has made the process quite easy to initiate and it also means that others who might be interested in the same information can find your request.

“By late October, nothing had been published, so I made an FOI request through WhatDoTheyKnow.

“Initially, DEXEU told me it had this information but refused my request, saying that it planned to publish the information at a later date. I didn’t see why the information couldn’t be published sooner and complained to the ICO.

“Their investigation showed that DEXEU did not have a formal plan or any formal process for the consultation — which explained their somewhat evasive response.

“DEXEU should probably have told me that it didn’t hold the information I had requested – but to do so would have involved effectively admitting that it didn’t have a plan or any formal process for consultation. You can make up your own mind by reading what the ICO had to say here”.

Pursuing a refused response

But back to the Irish border request. When Jon didn’t receive a response from DEXEU, and after requesting a similarly fruitless internal review, he took the next step and referred the matter to the ICO. They ruled against disclosure in a decision that Jon believes was ill-founded:

“The ICO decision was based on section 35 of the FOI Act, which relates to information produced for the purposes of policy formulation.

To be properly informed about Brexit, we need access to information which is often available only from government.

“It is certainly true that the mapping exercise was produced to inform the government’s thinking about Brexit and Northern Ireland. However, it was a summary of the current arrangements, not a discussion of what the future policy options should be; as such, it was essentially background information, which is usually regarded as less sensitive. Section 35(4) makes it clear that there is a particular public interest in the disclosure of background of information – and case law makes it clear that such disclosure can take place before the final policy has been formulated, as I was requesting here.

“The ICO also argued that disclosure of the mapping exercise would have a “negative effect on discussions” with the EU and “create a distraction to discussions” — but its decision did not explain how this would occur, especially given that the mapping exercise had been shared with the EU.

“When I put these points to the ICO as part of my appeal to the tribunal, it accepted that the mapping exercise was background information but argued that it should be treated in the same way as discussion of policy options. It was unable or unwilling to provide any further explanation of the supposed negative effects of disclosure and suggested that this was a matter for DEXEU to explain. I was (and remain) very concerned by this because the ICO is supposed to be an independent regulator; it should not simply be taking what government says at face value but should be questioning it and satisfying itself that what government says is actually correct”.

And so Jon referred the matter to tribunal.

But in June of this year, two of the key documents he was requesting were finally  released by the government, and he decided to drop his appeal to tribunal, for reasons which you can read in his annotation of the time.

Motivation

While many WhatDoTheyKnow users are determined and driven, it’s also true that others would be easily defeated by an initial refusal, not to mention the further rulings. So what gave Jon the will and tenacity to carry on?

I would encourage people to use FOI … if you are prepared to persevere and be patient, you can get what you want.

“I knew that appealing to the tribunal would involve quite a lot of time and effort on my part, but I wasn’t prepared to just let this go for two reasons. Firstly, FOI depends on having an effective regulator which is prepared to question government robustly — and if people like me just shrug our shoulders when that doesn’t seem to have happened, then nothing will ever improve.

“Secondly, Brexit is going to take many years to sort out and there will be many more occasions where people want to use FOI to get information out of government; unless challenged, government will just continue to refuse to disclose information whenever it suits it to do so.

“Appealing to the tribunal was a new experience for me. I am a lawyer by profession, which probably helped, but I am not an expert in FOI, nor am I a litigator — and I did feel at times that my lack of familiarity with those areas was a handicap. So I have a lot of respect for people who are not lawyers and take cases to the tribunal on their own.

“I would encourage people to use FOI and I think that what happened with this request shows that, if you are prepared to persevere and be patient, you can get what you want — even in a situation like this where MPs had asked repeatedly for exactly the same information and hadn’t received it.

“FOI is one of the few tools that individuals can use to hold government to account and it’s important to use it — otherwise government will never take transparency seriously. WhatDoTheyKnow.com has made the process quite easy to initiate and it also means that others who might be interested in the same information can find your request.”

Jon is also planning to submit a complaint to the ICO about its handling of this case, including the time taken to deal with it:

“Although it was expedited, it still took over six months, whereas my complaint to the European Ombudsman (which concerned essentially the same material) was dealt with in about half that time.”

He intends to post a link to the complaint in a further annotation on the FOI request page on WhatDoTheyKnow – so watch this space!

Many thanks to Jon for taking the time to talk to us about his long and involved pursuit of information, which despite the delays will still help to inform the UK public at this critical time in our country’s history.


Top image: the Irish border by Andrein (CC by-sa/3.0)

5 sylw

After Exploitation: using FOI to understand what happens to victims of modern slavery

Postiwyd ar gan Myfanwy

In 2016, Theresa May described modern slavery as “the great human rights issue of our time”. “These crimes must be stopped,” she said, “and the victims of modern slavery must go free”.

But words alone do not ensure results, it seems. The data mapping project After Exploitation has discovered that a sizable number of vulnerable victims of human trafficking and modern slavery are — far from ‘going free’ — actually being held in UK detention centres with a view to deportation.

Our Freedom of Information site WhatDoTheyKnow played a vital part in the project’s research, both in helping identify what data was available, and in bringing about its release.

In 2016 and in a follow-up report in 2018, Sir Stephen Shaw reviewed this country’s immigration detention practices, with a focus on the welfare of vulnerable detainees.

One result of his many recommendations was the employment of ‘Detention Gatekeepers’ — independent overseers who check the status of detainees, and that they are legitimately held. If they are found to be in this country as a result of human trafficking or modern slavery, they should be offered help via the National Referral Mechanism.

We spoke to Maya Esslemont, founder of After Exploitation, to learn how the use of WhatDoTheyKnow has helped uncover the true numbers of those who have been let down by this system, information which the government had previously denied that they held.

She told us:

“Through FOI requests, we uncovered the number of potential and recognised victims of human trafficking who have been deported since 2016 or detained in 2018.

“The figures revealed that 507 potential victims and 29 recognised victims of trafficking were held in detention, despite a low rate of eventual deportation.

“This completely needless and unjustifiable use of detention on vulnerable people, for whom there was never any realistic chance of removal, demonstrated huge failures in Detention Gatekeeping, the process meant to prevent vulnerable people from being detained.”

Maya explained that, prior to these findings, a gap in the publicly-available data impeded any understanding of the number of vulnerable detainees:

“Although the Government releases quarterly statistics outlining the number of ‘potential’ victims of trafficking, very little is known about the number of recognised victims who are later deported, detained, or left at risk of re-trafficking due to a lack of safehousing. Our project hoped to demonstrate the scale of these issues”.

FOI seemed like the obvious route to uncovering these figures, says Maya, in part because it was clear where the information must be held, if it existed:

“The Home Office oversees both immigration enforcement and victim support and recognition. This is a clear conflict of interest, but it did mean that we knew all the outcome information must be held in the same place.”

The group found that by checking the archive of previous FOI requests published on WhatDoTheyKnow, they could discern exactly what data existed, and more importantly, could cite prior responses as proof of its existence.

As suspected, but denied until now, the Home Office holds highly specific, readily available information on immigration, detention and deportation outcomes of trafficking victims.

“We knew from Parliamentary correspondence that some trafficking victims’ asylum outcome data was held as far back as 2015, but nobody had any idea that such readily available data on the actual detention existed.

“When we trawled through Home Office FOI requests submitted by others on WhatDoTheyKnow, it was clear that information on detainees’ vulnerability was held — and it was after we referenced these previous request outcomes, dated since 2016, that the Home Office started providing data on trafficking specifically.”

We were most interested to hear this, as it further justifies one of WhatDoTheyKnow’s key features – that all requests and responses are published online. We talk a lot about how this can make the information accessible to wider numbers of people, but here is an example of that archive going on to inform a further set of requests, bringing about important results.

And visibility wasn’t just useful in helping the campaign discover the existence of the vital data, but also, Maya believes, provided an extra incentive for the Home Office to release the information in accordance with the FOI Act:

“I submitted a fair few FOI requests privately, but most received a rejection. However, since moving the same requests to a public platform, we’ve found that a majority have been fulfilled.

“Many charities and journalists may be tempted to submit FOI requests privately so that the responses can be ‘saved’ for exclusive research or stories, but this exercise seemed to prove that it can be more effective to ask for information as publicly as possible.”

(We should mention that our WhatDoTheyKnow Pro service does allow for the private submission of requests which are then published at a later date — although there’s no requirement to submit privately. Pro users can enjoy the best of both worlds, using the organisational features and the batch request functionality, and making requests in private or in public according to which strategy they find most effective.)

Having uncovered this crucial data, After Exploitation has worked with other organisations to get their findings more widely known:

“The charity Women for Refugee Women managed to secure a debate in Westminster Hall on the detention of trafficking victims. As part of this debate, MPs discussed research by their organisation and by After Exploitation.

“Political interest in this issue should be commended, but the Immigration Ministers’ response was very concerning. Caroline Nokes MP claimed that the use of detention on 507 potential trafficking victims was justified, as many were recognised during the time they were in detention.

“However, we believe the fact that hundreds of vulnerable people were deemed suitable for detention in the first place is deeply worrying.”

The research gained wider attention, too:

MPs and journalists at the Guardian, Sky News, Independent Online and Thompson Reuters picked up our research paper Supported or Deported?.

“In response to the findings, 23 NGOs signed our open letter asking for greater data transparency on human trafficking support outcomes, and for an end to Home Office involvement in vulnerability screening and trafficking decision-making. A week later, Diane Abbott MP tabled an urgent question in Parliament asking the government about the detention of exploited people.

“However, the Government response showed how much work is left to do. The Immigration Minister dismissed the Government’s own data as not robust enough to provoke change, whilst also using this same data to clear its reputation on the length of detention.

“This response shows how much harder we have to work before the Government will commit to data transparency, and the way victims are treated.”

We asked Maya what she hoped others would take from the experience of After Exploitation.

“I hope journalists, activists and academics will submit their own FOI requests to contribute to public understanding of human trafficking, modern slavery, and other forms of exploitation such as forced marriage.

“When it comes to human trafficking victim support, there are still so many gaps in our understanding — such as health, wellbeing and legal outcomes. We’re already taking another request to the Information Commissioner’s Office after a rejection on cost grounds, but we hope the ongoing struggle to secure information on trafficking will encourage others to do the same.”

We congratulate the project on what they’ve achieved to date and hope it will act as inspiration to others who seek to uncover injustice or malpractice within our systems.

You can read more about After Exploitation’s work here, and find their WhatDoTheyKnow FOI requests here.

Image: CC by-sa/4.0 via Wikipedia

Public FOI: WhatDoTheyKnow and central government

Postiwyd ar gan Alex Parsons

Every quarter the Cabinet Office releases Freedom of Information statistics for a collection of central government ministries, departments and agencies. This provides a benchmark for understanding how requests made from WhatDoTheyKnow relate to FOI requests made through other methods. From 2017, mySociety started retrospectively tracking the proportion of FOI requests sent via WhatDoTheyKnow to central government using a minisite —  https://research.mysociety.org/sites/foi/ —  that explores the data.

This report explores what had and hadn’t changed in the last few years, as well as the number of requests made through WhatDoTheyKnow Pro — a new service being piloted that allows embargos of the results of FOI requests for a period — with the goal of bringing more people making FOI requests professionally (such as journalists) into the system and leading to more raw results being made available after the conclusion of a project. 

We found that:

  • WhatDoTheyKnow accounted for between 15-17% of audited bodies and between 18-21% of ministerial departament FOI requests.
  • While the proportion of requests have grown most years since 2010, there was no real change from 2017 to 2018.
  • Requests made to central government via WhatDoTheyKnow only make-up around 9-10% of all requests sent via WhatDoTheyKnow in 2018. 
  • WhatDoTheyKnow Pro requests made up 1% of FOI requests to central government — but most requests using this service went to other areas of the public sector.

You can read the whole report online, download the PDF, or explore the data.

WhatDoTheyKnow Pro helps journalists ‘further transparency, accountability and public trust’

Postiwyd ar gan Myfanwy

In a strike for transparency, journalist Jenna Corderoy has secured the release of documents from the European Research Group (ERG), the pro Brexit lobby of which Jacob Rees-Mogg is a prominent member.

For more than a year, Jenna has been striving to ensure that the facts around Brexit — and the funding that drives it — reach the public domain: she also broke the now-infamous revelations about Vote Leave’s campaign overspending.

The release of material such as this into the public domain is beneficial to all, as it means that public debate is based on facts rather than conjecture. FOI can be a vital tool in ensuring that the documents shaping our society’s future direction are available for scrutiny.

On this latest release, a piece by Jenna and Peter Geoghegan reports:

“The ERG is part-funded by subscriptions paid out of MPs’ parliamentary expenses. As a consequence the group has to supply samples of its research for scrutiny to the Independent Parliamentary Standards Authority [IPSA] to ensure public money is being properly spent and not used for party political campaigning.”

Using WhatDoTheyKnow Pro — our service for professional users of FOI, which among other features, allows users to hold off from putting request correspondence in public until a story has been published —  in January 2018 a request was made to IPSA to see these materials.

The request’s WhatDoTheyKnow page is now public. IPSA initially argued that the release of these materials was exempted under section 43 of the FOI Act as it would prejudice the commercial interests of the ERG, whose research is ordinarily available only to those paying a £2,000 annual subscription.

Subsequently Jenna referred this refusal to the Information Commissioner, who upheld the decision. Determined that the public has the right to see the research, Jenna and Peter did not leave the matter there, taking it to an information tribunal.

The tribunal made the final decision that the material must indeed be released, vindicating the effort and determination Jenna put into pursuing this request and stating that to make the documents available would:

“further transparency, accountability and public trust with respect to the working of Parliament”.

As a result, the documents will be made available on 11 July — keep an eye on OpenDemocracy for news of their release — and we’ll make sure we update the annotations on the original request as further details unfold. Meanwhile, you can see the full tribunal decision here.

Image: Udur Akdemir

2 sylw

Case study: Sold From Under You by the Bureau of Investigative Journalism

Postiwyd ar gan Myfanwy

Using WhatdoTheyKnow Pro, this project pieced together a nationwide dataset, and generated important stories at both national and local levels.

Sold from Under You, a project from the Bureau of Investigative Journalism, revealed how much publicly-owned property has been sold off across England, as a response to austerity measures. In all, TBIJ discovered that over 12,000 buildings and pieces of land have been disposed of, bringing councils revenue of £9.1 billion — some of which has been spent on staff redundancies.

In collaboration with HuffPost, the findings were presented in the form of an interactive map which allows users to explore sales in their own area.

The investigation required a significant amount of data collection via FOI requests to 353 councils, work which was aided by WhatDoTheyKnow Pro. More than 150 people across the UK, including local journalists, took part in the collaborative investigation. As well as HuffPost’s coverage, stories were run in regional news outlets across the country. The project has now been shortlisted for the Data Journalism awards.

We spoke to Gareth Davies from TBIJ to understand how the organisation approached this ambitious project, and what part WhatDoTheyKnow Pro played in it. Here’s what he told us:


“The Bureau has been investigating the local government funding crisis in the UK for the last 18 months. The initial part of this particular investigation focused on the overall financial health of local authorities and used data to determine which were under the most pressure. We then wanted to look at the impact of the funding crisis so teamed up with Hazel Sheffield and her Far Nearer project to look at the public spaces that were being lost as a result.

“At the start of the investigation we undertook a research period to determine what local authorities are required to publish about the buildings and land they own, and how many of them were adhering to those rules.

“We discovered that while councils have to publish annual lists of the assets they own, this does not include vital information such as who assets were bought from or sold to and the prices paid.

“Also, two thirds of councils update the same spreadsheet each year, meaning change over time is lost. As a result it became apparent that FOI would be required to obtain the information we were interested in. FOI is a tool we have used for a number of stories, particularly those produced by our Bureau Local team.

“The information we wanted could be divided into two groups: what assets councils were buying and selling, and what they were doing with the money raised when an asset is sold. The research period showed we would need FOI to obtain this data.”

More than 700 FOI requests

“To reduce the risk of requests being refused for exceeding the cost/time limit, we needed to submit two separate requests to each of the 353 local authorities in England.

“Previously I had submitted and managed bulk FOI requests via email. However, staying on top of more than 700 requests would have proven very challenging. I was aware of the WhatDoTheyKnow Pro platform but hadn’t used it before, so thought this would be the ideal opportunity to test it out.

I don’t think I would have achieved that without WhatDoTheyKnow Pro

“It was useful to have up-to-date contact details for each authority and to be able to send the FOI requests in one go. But probably the most useful feature was the way in which WhatDoTheyKnow Pro tracks the status of each request and shows you when the public body in question has exceeded the statutory time limit. This made it a lot easier to stay on top of which councils needed to be chased and when I needed to do it.

“Managing so many FOI requests was still challenging and very time consuming but it would have been much harder by email. The first batch of requests had a success rate of more than 95% and the other (which was more detailed)  was around 85%.

“I don’t think I would have achieved that without WhatDoTheyKnow Pro and, as a result, the investigation and interactive map we created would not have been as comprehensive.”

Refining the requests

While councils have to publish annual lists of the assets they own, this does not include vital information such as who assets were bought from or sold to and the prices paid

“I sent requests to one of each type of local authority (London borough, metropolitan borough, unitary, county and district) to test what, if any, information councils would provide. The fact that all of those requests were successful meant I had confidence when submitting the batch requests.

“It also allowed me to include additional information in the bulk requests, because some of the test councils erroneously withheld, under Section 40, the identities of companies. As a result I added a note to the request highlighting that this would not be a correct application of that exemption.

As each response came in I recorded them in two separate spreadsheets — one showing what assets had been bought/sold and another containing information about how the money raised from asset sales had been used. Gradually we built a comprehensive picture of what was happening with public spaces, and that was crucial for our story.”

Bringing about change

There have been tangible results from this investigation.

The government launched an investigation into the sale of assets by Peterborough Council as a result of this particular story, focusing on that area.

“We submitted our findings to an inquiry currently being held by the Communities and Local Government select committee and were mentioned by name during the first day of oral hearings.

“And last month the Public Accounts Committee announced it would hold a similar inquiry into the sale of public land. Several councils halted their property investment policies after our coverage revealed how much they had borrowed to fund the purchases.”

Thank you very much to Gareth Davies for talking to us about the Sold From Under You project.

Find out more about WhatDoTheyKnow Pro.

Image: Daniel von Appen

Bureau of Investigative Journalists shortlisted for Open Data award

Postiwyd ar gan Myfanwy

‘Sold From Under You’ project used WhatDoTheyKnow Pro

Not long ago, we let you know about the Bureau of Investigative Journalism’s project to map and quantify the scale of properties being sold by councils up and down the country as they try to manage with reduced budgets under austerity.

The investigation, which made use of our WhatDoTheyKnow Pro service to send and manage hundreds of Freedom of Information requests, has now been shortlisted for a Data Journalism Award in the Open Data category.

We’re delighted that our platform for professional users of FOI could be of help; this is just the sort of broad data-driven investigation, requiring FOI requests to multiple authorities, that it was conceived for.

You can read BIJ’s interesting account of their methodology and the impact that the project has had here. We wish them the very best of luck for the award finals next month.

Understanding Freedom of Information in local government

Postiwyd ar gan Alex Parsons

Over the last year, mySociety’s research team has been trying to build a picture of how Freedom of Information functions in local government. This research project became our report into FOI in Local Government (which can be read in full here).

One of the key questions for this research project is how many FOI requests are received by local government.

We believe that use of WhatDoTheyKnow has benefits beyond people who submit requests because requests made through the site are available publicly — increasing the sum of knowledge available to all. Given this, a good metric for us to understand is what percentage of all information being released through FOI is being stored on WhatDoTheyKnow. Unfortunately, there isn’t a lot of good data in this area that allows us to make a clear comparison.

The Cabinet Office release annual statistics about FOI requests made to central government, which can be used for comparison. In 2017, 16.8% of requests sent to central government were sent via WhatDoTheyKnow — but this represents a very small volume of all use of WhatDoTheyKnow. 88% of FOI requests were sent to public authorities outside  central government, suggesting that the majority of FOI activity is elsewhere, but there is no official figure of the total number of FOI requests received by all public bodies.

In 2010, UCL’s Constitution Unit estimated a figure for all local authorities in England of 197,000 FOI requests received. We wanted to understand if this was still a good baseline for FOI requests to local government and gain new understanding of local authorities beyond England.

To do this, we sent an FOI request to every local authority (except those in Scotland, who publish these figures in a central repository) asking for a set of FOI statistics for the year 2017.

This presented an immediate set of problems. There was a split in how authorities understood ‘2017’, with internal statistics recorded in a split of financial and calendar year — a choice that has a demonstrable difference in the volume of FOIs recorded that year. A minority of councils did not respond to the FOI requests – which unaddressed would lead to an under-count in the total number of FOI requests.

To correct these problems, using the requests that were returned and other sources of public information, we constructed a model to address the issue of the split in recording year and predict a range of values for councils that didn’t return data.

The result of this is an estimate of 468,780 FOI requests received in the calendar year 2017. There is a 95% confidence this value falls between 467,587 and 469,975 (range of 2,387).  

On average an individual council receives around 1,120 requests in a given year. But as the graph below shows, this has substantial variation:

[

And the type of council has substantial impact on the number of requests recorded — with London boroughs receiving over three times as many requests as authorities in Northern Ireland.

Authority type Average FOI requests Northern Ireland authorities 532.2 Non-metropolitan districts 799.4 Welsh authorities 1133.5 County councils 1331.0 Unitary authority 1346.9 Metropolitan districts 1417.2 City of London 1521.1 Scottish authorities 1536.2 London borough 1815.0

 

What does this mean for WhatDoTheyKnow? Comparing totals, the 28,282 requests made through WhatDoTheyKnow in 2017 represented 6% of all FOI requests made to local authorities. Similarly, there is a lot of variation across authorities some councils have around 2% of requests start on WhatDoTheyKnow, others have around 13%.  This shows that the overwhelming majority of requests to local authorities are made through other means.

Part two of this blog post discusses what we learned about the administration of FOI from this research. You can read the full report online, or download as a pdf.


This blog post is licenced under a Creative Commons Attribution Licence (https://creativecommons.org/licenses/by/3.0/)  — it can be re-posted and adapted without commercial restriction as long as the  original article/author is credited and by noting if the article has been edited from the original.


Image: Ula Kuźma

History repeats itself, but this time in Belgium

Postiwyd ar gan Myfanwy

Over in Brussels, Freedom of Information website Transparencia.be has just overcome a hurdle very similar to one faced by WhatDoTheyKnow in its earlier days.

Several municipalities had delayed on processing FOI requests sent through Transparencia.be — which runs on our Alaveteli software — concerned that a request sent via email does not contain a signature or proof of identity.

Now Belgium’s overseeing body CADA (the Commission of Access to Administrative Documents) has ruled, just as the ICO did in the UK, that requests sent through the site should be treated the same as those received via more conventional means.

You can read about the matter on the website of the public broadcasting organisation RTBF in French, or via Google Translate in English.

The struggle echoes almost exactly the experiences we faced with WhatDoTheyKnow when it was first launched: as you can see in this FAQ, official MoJ guidance now explicitly states that an email address should be considered of equal status to a physical return address; and ICO advice is that a WhatDoTheyKnow.com email address is a valid contact address for the purposes of FOI.

A sharing community

Here at mySociety, we share our open source software so that other people can run services like ours — Freedom of Information sites, parliamentary monitoring projects or fault-reporting platforms — for their own countries.

But it’s not only about the software. Something that has become clear over the years, and especially when we get together for an event such as AlaveteliCon, is that we all face similar challenges. No matter how different our countries’ legislations, cultures or politics, you can be sure that our setbacks and triumphs will be familiar to others.

Because of that, we’re able to share something that’s just as useful as the software itself: the support of the community. In this case, that’s easily accessed via the Alaveteli mailing list, which we’d encourage you to join if you run, or are thinking of running, an FOI site.

Image: Jay Lee


Help keep mySociety’s services running
Donate now

WhatDoTheyKnow Pro helps TBIJ get the whole picture on council sales

Postiwyd ar gan Myfanwy

In a major new inquiry, The Bureau of Investigative Journalism made Freedom of Information requests across all 353 councils in England.

Their aim? To build up a full picture of the public places and spaces sold by councils across the country, as they struggle to make up funding shortfalls.

The Bureau used WhatDoTheyKnow Pro‘s batch functionality to help them in this mass investigation, which has resulted in an important report for Huffington Post as well as an interactive public database where you can search to see what your own local council has sold.

In total, councils’ responses have confirmed the sale of over 12,000 assets since 2014. The report goes on to prove that in many cases, the proceeds have been used to fund staff redundancies as authorities are forced to cut back.

Investigations like this serve to highlight one of the key benefits of WhatDoTheyKnow Pro’s batch feature. While some of the data may have previously been available piecemeal – published in regional papers, perhaps, or requested at a local level — this is the first time that the full picture across the country has been made visible.

One of the journalists responsible for the report, Gareth Davies, says:

I’ve been working on these FOIs since July last year and I’ve no doubt the dataset I built would be nowhere near as comprehensive without the @WhatDoTheyKnow Pro dashboard. Also means I know exactly which councils have still yet to respond, 180+ days later.

We are glad that the service was of help.

If you’d like to check out WhatDoTheyKnow Pro, sign up here.

Image: © Mat Fascione via geograph.org.uk/p/4278237 (cc-by-sa/2.0)

Using WhatDoTheyKnow to uncover how schoolchildren’s data was used to support the Hostile Environment

Postiwyd ar gan Myfanwy

Freedom of Information forms the basis of many a campaign that seeks to expose hidden facts, or stories which should be in the public eye.

We spoke to Jen Persson, Director of defenddigitalme, about that organisation’s tireless campaign to get to the truth on the collection, handling and re-use of schoolchildren’s personal data in England.

What emerged was a timeline of requests and responses — sometimes hard fought for — which when pieced together reveal secrecy, bad practice and some outright falsehoods from the authorities to whom we entrust our children’s data. Perhaps most striking of the findings was the sharing of data with the Home Office in support of their Hostile Environment policy.

As Jen describes defenddigitalme’s campaign, “It began with trying to understand how my daughter’s personal information is used by the Department for Education; it became a campaign to get the use of 23 million records made safe”.

It’s a long tale, but definitely worth the read.

December 2012: consultations and changes

The story begins here, although it would still be a couple of years before Jen became aware of the issues around children’s data, “despite — or perhaps because of — having three young children in school at the time”.

Why did no one at all seem to know where millions of children’s personal data was being sent out to, or why, or for how long?

As Jen explains, “During the Christmas holidays, the Department for Education (DfE) announced a consultation about changing data laws on how nationally stored school pupil records could be used, proposing that individual pupil-level records could be given away to third parties, including commercial companies, journalists, charities, and researchers. Campaigners raised alarm bells, pointing out that the personal data would be highly identifying, sensitive, and insecure — but the changes went through nonetheless.”

2014: discovering the power of FOI

Jen came across that change in law for herself when reading about a later, similar data issue in the press: there were plans to also make available medical records from GP practices. This prompted her first foray into FOI, “to answer some of the questions I had about the plans, which weren’t being published”.

I feel strongly that if I am going to ask for information which has a cost in time and capacity in the public sector, then it should mean the answers become available to everyone.

And that first step got her thinking:

“At around the same time I asked the DfE a simple question, albeit through a Subject Access rather than FOI request: What personal data do you hold about my own child?

“My Subject Access request was refused. The Department for Education would not tell me what data they held about my children, and as importantly, could not tell me who they had given it to.

“There was nothing at all in the public domain about this database the DfE held, beyond what the campaigners in 2012 had exposed. It wasn’t even clear how big it was. How was it governed? Who decided where data could be sent out to and why? How was it audited and what were the accountability mechanisms? And why was the DfE refusing its lawful obligations to tell me what they held about my daughter, let me correct errors, and know where it had gone? Why did no one at all seem to know where millions of children’s personal data was being sent out to, or why, or for how long?

“Prior to all this, I’d never even heard of Freedom of Information. But I knew that there was something wrong and unjust about commercial companies and journalists being able to access more personal data about our children than we could ourselves.

I worded some questions badly. I learned how to write them better. And I’m still learning.

“I needed to understand how the database operated in order to challenge it. I needed to be able to offer an evidenced and alternative view of what could be better, and why. FOI was the only way to start to obtain information that was in the public interest.

“I believed it should be published in the public domain. WhatDoTheyKnow is brilliant at that. I feel strongly that if I am going to ask for information which has a cost in time and capacity in the public sector, then it should mean the answers become available to everyone.”

And so Jen went on a crash course to learn about FOI, reading books by Heather Brookes and Matthew Burgess, and WhatDoTheyKnow’s own guidance pages.

“I tried to ask for information I knew existed or should exist, that would support the reasons for the changes we needed in data handling. I worded some questions badly. I learned how to write them better. And I’m still learning.”

2015: sharing children’s personal data with newspapers

That was just the beginning: at the time of writing, Jen has made over 80 FOI requests in public via WhatDoTheyKnow.com .

Through FOI, defenddigitalme has discovered who has had access to the data about millions of individuals, and under what precepts, finding such astonishing rationales as: “The Daily Telegraph requested pupil-level data and so suppression was not applicable.” The publication “wished to factor in the different types of pupil” attending different schools.

Jen explains: “This covered information on pupil characteristics related to prior attainment: gender, ethnic group, language group, free school meal eligibility (often used as a proxy for poverty indicators) and SEN (Special Educational Needs and disability) status, which were deemed by the Department to be appropriate as these are seen as important factors in levels of pupil attainment.”

But with such granular detail, anonymity would be lost and the DfE were relying only on “cast iron assurances” that the Telegraph would not use the data to identify individuals.

2016: sharing children’s nationality data with the Home Office

In a Written Question put by Caroline Lucas in Parliament in July 2016, the Minister for Education was asked whether the Home Office would access this newly collected nationality data. He stated: “the data will be collected solely for the Department’s internal use […]. There are currently no plans to share the data with other government departments unless we are legally required to do so.”

But on the contrary: defenddigitalme’s subsequent requests would disclose that there was already a data sharing agreement to hand over data on nationality to the Home Office, for the purposes of immigration enforcement and to support the Hostile Environment policy.

Jen says: “As part of our ongoing questions about the types of users of the school census data, we’d asked whether the Home Office or police were recipients of pupil data, because it wasn’t recorded in the public registry of data recipients.

The Home Office had requested data about dependents of parents or guardians suspected of being in the country without leave to remain.

“In August 2016, a FOI response did confirm that the Home Office was indeed accessing national pupil data; but to get to the full extent of the issue, we had to ask follow up questions. They had said that “since April 2012, the Home Office has submitted 20 requests for information to the National Pupil Database. Of these 18 were granted and 2 were refused as the NPD did not contain the information requested.

“But the reply did not indicate how many people each request was for. And sure enough, when we asked for the detail, we found the requests were for hundreds of people at a time. Only later again, did we get told that each request could be for a maximum agreed 1,500 individuals, a policy set out in an agreement between the Departments which had started in 2015, in secret.

“In the October afternoon of the very same day as the school census was collecting nationality data for the first time, this response confirmed that the Home Office had access to previously collected school census pupil data including name, home and school address: “The nature of all requests from the Police and the Home Office is to search for specific individuals in the National Pupil Database and to return the latest address and/or school information held where a match is found in the NPD.”

The Home Office had requested data about dependents of parents or guardians suspected of being in the country without leave to remain.

“In December 2016, after much intervention by MPs, including leaked letters, and FOI requests by both us and — we later learned —  by journalists at Schools Week, the government published the data sharing agreement that they had in place and that was being used”.

It had been amended in October 2016 to remove the line on nationality data, and allowed the data to be matched with Home Office information. It had also been planned to deprioritise the children of those without leave to remain when allocating school places, shocking opposition MPs who described the plan variously as “a grubby little idea” and, simply, “disgusting”.

Other campaigners joined the efforts as facts started to come into the public domain. A coalition of charities and child rights advocates formed under the umbrella organisation of Against Borders for Children, and Liberty would go on to support them in preparing a judicial review. ABC organised a successful public boycott, and parents and teachers supplied samples of forms that schools were using, some asking for only non-white British pupils to provide information.

Overall, nationality was not returned for more than a quarter of pupils.

2017: behind the policy making

Through further requests defenddigitalme learned that the highly controversial decision to collect nationality and country of birth from children in schools — which came into effect from the autumn of 2016 — had been made in 2015. Furthermore, it had been signed off by a little known board which, crucially, had been kept in the dark.

“I’d been told by attendees of the Star Chamber Scrutiny Board meeting that they had not been informed that the Home Office was already getting access to pupil data when they were asked to sign off the new nationality data collection, and they were not told that this new data would be passed on for Home Office purposes, either. That matters in my opinion, because law-making relies on accountability to ensure that decisions are just. It can’t be built on lies”, says Jen.

The process of getting hold of the minutes from that significant meeting took a year.

Jen says, “We went all the way through the appeals process, from the first Internal Review, then a complaint to the Information Commissioner. The ICO had issued a Decision Notice that meant the DfE should provide the information, but when they still refused the next step was the Information Rights First Tier Tribunal.

“Two weeks before the court hearing due, the DfE eventually withdrew its appeal and provided some of the information in November 2017. Volunteers helped us with preparation of the paperwork, including folk from the Campaign for Freedom for Information. It was important that the ICO’s decision was respected.”

2018: raised awareness

In April last year, the Department confirmed that Nationality and Country of Birth must no longer be collected for school census purposes.

However, Jen says, “Children’s data, collected for the purposes of education, are still being shared monthly for the purposes of the Hostile Environment. There’s a verbal promise that the nationality data won’t be passed over, but since the government’s recent introduction of the Immigration Bill 2018 and immigration exemption in the Data Protection Act, I have little trust in the department’s ability in the face of Home Office pressure, to be able to keep those promises.

“The Bill includes a blanket sweeping away of privacy rights, highlighted by the 3 Million campaign, again thanks to FOI: Every EU citizen applying for Settled Status to accept its Privacy Policy that allows it to share all data with “public and private sector organisations in the UK and overseas.”

“Disappointingly”, says Jen, “the government has decided instead of respecting human rights to data protection and privacy on this, to create new laws to work around them.

The direction of travel for change to manage data for good, is the right one.

“It’s wrong to misuse data collected for one purpose and on one legal basis entrusted for children’s education, for something punitive. We need children in education, it’s in their best interests and those of our wider society. Everyone needs to be able to trust the system.

“That’s why we support Against Borders for Children’s call to delete the nationality data.

“A positive overall outcome, however”, she continues, “is that in May 2018, the Department for Education put the sharing of all pupil level data on hold while they moved towards a new Secure Access model, based on the so-called ‘5-Safes’. The intention is distribute access to data with third parties, not distribute the data itself. The Department resumed data sharing in September but with new policies on data governance, working hard to make pupil data safer and meet ‘user needs’. The direction of travel for change to manage data for good, is the right one.”

2019: Defenddigitalme continues to campaign

Defenddigitalme has come a long way, but they won’t stop campaigning yet.

People working with FOI is really important, even and perhaps especially when it doesn’t make the press, but provides better facts, knowledge, and understanding.

Jen says, “Raw data is still distributed to third parties, and Subject Access, where I started, is still a real challenge.

“The Department is handing out sensitive data, but can’t easily let you see all of it, or make corrections, or tell you which bodies for sure it was given to. Still, that shouldn’t put people off asking about their own or their child’s record, or opting out of the use of their individual record for over 14s and adult learners, and demand respect for their rights, and better policy and practice. The biggest change needed is that people should be told where their data goes, who uses it for how long, and why.

“Access to how government functions and the freedom of the press to be able to reveal and report on that is vital to keep the checks and balances on systems we cannot see. We rely on a strong civil service to work in the best interests of the country and all its people and uphold human rights and the rule of law, regardless of the colour of government or their own beliefs. People working with FOI is really important, even and perhaps especially when it doesn’t make the press, but provides better facts, knowledge, and understanding.

“FOI can bring about greater transparency and accountability of policy and decision making. It’s then up to all of us to decide how to use that information, and act on it if the public are being misled, if decisions are unjust, or policy and practice that are hidden will be harmful to the public, not only those deciding what the public interest is.

“WhatDoTheyKnow is a really useful tool in that. Long may it flourish.”