Our ref: FOI/2022/180
Freedom of Information Team
Legal & Governance
Name: Julian Todd
University of Liverpool
By email to:
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Foundation Building
765 Brownlow Hil
Liverpool
L69 7ZX
11 May 2022
E xxx@xxxxxxxxx.xx.xx
https://www.liverpool.ac.uk/legal/
Dear Mr Todd,
Your request for information received on 28 April 2022 has now been considered. A response is provided
below.
Please can I see the minutes for the meetings held at the fol owing times:
* 25 November 2021, 2.00 pm
Further to Section 1 of the Freedom of Information Act 2000 (FOIA) we can confirm that the University
holds the information; however, it is withheld because it fal s under the exemption provided by Section 21
of the FOIA relating to “Information reasonably accessible to the applicant by other means”.
21 Information reasonably accessible to the applicant by other means
Information which is reasonably accessible to the applicant otherwise than under section 1 is exempt
information for the purposes of:
(a)information may be reasonably accessible to the applicant even though it is accessible only on payment,
and
(b)information is to be taken to be reasonably accessible to the applicant if it is information which the
public authority or any other person is obliged by or under any enactment to communicate (otherwise
than by making the information available for inspection) to members of the public on request, whether
free of charge or on payment.
The information is available in the Minutes section of this page on the University’s website
at https://www.liverpool.ac.uk/governance/council/
Section 21 is an absolute exemption and therefore not subject to the public interest test. This acts as our
Refusal Notice.
Please can I see the minutes for the meetings held at the following times:
* 10 February 2022, 2.00 pm
* 7 April 2022, Away Day
We can confirm that the University holds the information; however, it is withheld because it fal s under
the exemption provided by Section 22 of the FOIA (Freedom of Information Act) relating to “information
Intended for future publication”
22 Information intended for future publication
‘Information is exempt information if-
(a) the information is held by the public authority with a view to its publication, by the authority or any
other person, at some future date (whether determined or not),
(b) the information was already held with a view to such publication at the time when the request for
information was made, and
(c) it is reasonable in all the circumstances that the information should be withheld from disclosure until
the date referred to in paragraph (a).’
This exemption applies because the February and April minutes wil be published after they receive
approval at the next meeting of Council, scheduled for 26 May 2022.
Because this is a qualified exemption under the Act, we are required to consider the balance of the public
interest in withholding the information against the public interest in disclosing it. In line with the terms of
these exemptions, we have considered whether it would be in the public interest to provide information
ahead of scheduled publication. We have considered the fol owing factors:
Factors in Favour of Disclosure
•
To demonstrate the University of Liverpool’s commitment to the principles of accountability and
transparency.
•
Allow interested individuals to analyse and question the activities of the University of Liverpool.
Factors Against Disclosure
•
Our website states when the information wil be published. It is reasonable and appropriate to
withhold the information until publication in line with current practice.
•
It is in the public interest to ensure that the publication of this information is via a planned and
managed process, to ensure that only accurate records which are verified through University practices
are placed into the public domain.
•
The public interest in transparency and compliance with the legislation wil be achieved by the
publication of the minutes on our website.
We consider that the public interest lies in withholding the information at this point. This acts as our
Refusal Notice.
If you are unhappy with the way we have handled your request for information, you have a right under
Section 50 of the Freedom of Information Act to ask the University to review it; however, you must do so
within 40 working days of the date of this response. Your request should include our reference number and
explain the reason for requesting a review. Email xxx@xxxxxxxxx.xx.xx or write to the Freedom of Information
Reviewer, Legal & Governance, University of Liverpool, Foundation Building, 765 Brownlow Hill, Liverpool
L69 7ZX. We will respond to your request for an internal review within 20 working days of receipt.
Following an internal review, if you remain dissatisfied with the handling of your request, you have a right to
appeal to the Information Commissioner at The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF. Telephone: 0303 123 1113 www.ico.org.uk. There is no charge for
making an appeal.
Yours sincerely
Kirsty Rothwell
Kirsty Rothwell
Freedom of Information Officer / Data Protection Co-ordinator
Legal & Governance