Introduction
We have a statutory duty to meet obligations as set out within the Freedom of Information Act (FOI) 2000 and Environmental Information Regulations (EIR) 2004.
Aim
The aim of this policy is to ensure we meet our obligations when receiving requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.
Scope
This policy applies to:
- all recorded information including official documents, drafts, emails, notes, and audio and video recordings
- information held by us or on our behalf
Training and awareness
We will provide training to all staff to ensure they maintain a good awareness of FOI and EIR.
Principles
People have a right to know about our activities, unless there is a good reason for them not to.
An applicant (requester) is not required to provide a reason for requesting information. We, however, must justify any refusal to comply with a request.
We will treat all requests for information equally. However, there may be some exceptions for vexatious requests and personal data.
We will treat all requesters equally regardless of who they are.
Publication scheme
We will aim to publish:
- information on our website proactively via a publication scheme
- responses to previous FOI and EIR requests via a disclosure log on our website
Requests for information
Any written request for information will be regarded as a request for recorded information under FOI and, or EIR unless:
- the information can be provided within a normal customer enquiry. The request will then be dealt with under the usual customer service procedures
- it is a requestfor personal data relating to the individual requesting the information. Such requests are dealt with under data protection legislation
We will only accept requests under FOI in writing, for example, via:
- online form
- letter
- fax
- social media
We will accept requests under EIR verbally as well as in writing.
We will:
- respond to a request for information within 20 working days of receipt
- clarify ambiguous requests with the requester
We will not:
- refuse a request for information because the recorded information is out of date, incomplete or inaccurate
- make any changes or deletions to records because of a request
Refusing a request
We will consider refusing a request for information if:
- it would cost too much or take too much staff time to deal with the request
- the request is vexatious
- the request repeats a previous request from the same person
- the request meets an exemption under FOI and, or EIR
We may also refuse to confirm or deny whether we hold information where the law allows.
We may seek legal advice where appropriate before refusing a request.
We will ensure that our grounds for refusal are robust, and justification will be required should the refusal be challenged.
A written refusal notice will be issued to the requester if we:
- refuse to say whether we hold information at all, or
- confirm that information is held but refuse to release it
Charges
We do not initially charge for making an FOI and, or EIR request.
We may charge an appropriate fee for complying with some requests for information.
We will supply a detailed breakdown and explanation of charges to the requester.
Staff should seek advice from the customer information service if a fee is being considered.
Complaints and review process
We will carry out an internal review of a request whenever the requester expresses dissatisfaction with the outcome.
The internal review shall not be limited to the first decision. We will provide a new decision based on all available evidence that is relevant to the date of the request.
The review shall be carried out by:
- someone who did not deal with the original request, and
- a more senior member of staff (where possible)
We will conduct a review within 20 working days. In exceptional circumstances, this time limit can be extended to 40 working days.
Further information
For further information or guidance please contact IA@lincolnshire.gov.uk.
Review
This policy shall be reviewed annually.