Freedom of Information Policy
Introduction
The Freedom of Information Act 2000 (“the Act”) established a general right of access to information held by the University.
Any individual or organisation has the right:
- to access information in the University’s Publication scheme, which details all the information that the University routinely makes available to the public;
- to request any information held by the University, regardless of when it was created, by whom, or the form in which it is now held;
- to be informed whether the University hold such information and if so to have that information communicated to them, subject to certain exemptions
This document provides the policy framework through which effective compliance with the Act can be achieved, maintained and audited. It covers:
- Scope
- Purpose
- Responsibilities
- Relationship with other documents
- Available Guidance
- Publication Scheme
- Requests for Information
- Charges
- Exemptions
- Public Interest Panel
- Appeals
- Scope
This policy applies to all recorded information held by the University, i.e. information created, received and maintained by University staff in the course of their work.
Information can be held in a variety of media, but will most commonly be paper or electronic.
- Purpose
The purpose of this policy is to provide a framework for ensuring that the provisions of the Freedom of Information Act 2000 are adhered to, in particular that:
- a significant proportion of information about the University and its activities is made available to the public as a matter of course through the Publication Scheme;
- other information not included in the Publication Scheme is readily available on request;
- all requests for information are dealt with in an efficient and timely manner; and
- in cases where information may be covered by an exemption, due consideration is given as to whether or not the information should be disclosed, with appropriate regard to the public interest, the rights of data subjects, legal obligations and issues of information access and security.
- Responsibilities
The University recognises its corporate responsibility under the Act to provide a general right of access to information held. The Senior Officer with overall responsibility for this policy is the Pro Vice-Chancellor (Student and Staff Services).
The University Records Manager is responsible for coordinating the University’s Freedom of Information function. This responsibility includes providing advice, maintaining the Publication Scheme, developing guidance material and promoting compliance with the Act and this policy in such a way as to ensure the easy, appropriate and timely retrieval of information. Wherever possible, members of staff should receive an introductory briefing on the Freedom of Information Act procedures.
Information Champions within departments and services help to coordinate the local response to FOI requests, act as a general point of contact for the Records Manager, and facilitate the organisation and cascading of awareness training and records management initiatives.
All staff should familiarise themselves with this policy and any Freedom of Information Act guidance.
All staff who receive written requests for information (including e-mails) should:
- not refuse requests for information
- provide advice and assistance to anyone making a request for information
- respond within 20 working days to straightforward written requests;
- contact the Records Manager for advice where necessary and refer all complex requests to them.
- Relationship with other documents
This policy has been formulated within the context of the following university documents:
Data Protection Policy
Records Management Policy
Freedom of Information Appeals Procedure - Available Guidance
Wherever possible new members of staff should receive an introductory briefing on the Freedom of Information Act and relevant compliance procedures.
Guidance on the procedures necessary to comply with this Policy is in preparation and will be available from the University Records Manager and on the Freedom of Information web pages on the Information Compliance website.
- Publication Scheme
The University's Publication Scheme is available on the web. The Publication Scheme specifies:
- the classes of information the University is committed to making
routinely available to the public as a matter of course
- in what format the information will be made available (via the web, or in electronic or paper format), and
- whether or not this information will be made available free of charge or on payment of a fee
The University has a duty to maintain and review the Publication Scheme. In view of this, the Scheme will be brought to the Management Information Committee Compliance Advisory Group once a year.
- Requests for Information
Information not already made available via the University's Publication Scheme can be accessed by submitting a specific request for information. In this regard the Freedom of Information Act established several related rights:
- the right to be told whether information exists;
- the right to receive the information (subject to exemptions), and;
- the right of internal and external appeal against any decision that is made to deny an FOI request
Any request must be made in a permanent form (for example in writing, by fax or by email) and a charge may be made for dealing with any request. Requestors will not be entitled to information to which any of the exemptions in the Act applies. However, only those specific pieces of information to which the exemption applies will be withheld.
The University must respond to any request within 20 working days, although further details can be requested in order to identify and locate the information. If a fee is required, the period of 20 working days is extended by up to 3 months until the fee is paid.
- Charges
Unless otherwise specified information made available through the University's Publication Scheme will be provided free of charge.
The University does, however, reserve the right to charge an appropriate fee for dealing with a specific request for information not listed in the publication scheme. This charge will be calculated according to the Fees Regulations published by the Lord Chancellor. Where payment is not received within three months a request will be deemed invalid.
- Exemptions
There are 23 exemptions provided under the Act, some where the public interest test applies, and others which are absolute exemptions.
The University may decide that some information it holds could be regarded as exempt information under the Act. Where a request is made for information which includes that covered by a qualified exemption, the University will consider the public interest test and may in some circumstances withhold the requested information.
In instances where an exemption is claimed, the University will provide a clear statement of the reasons for applying the exemption and will supply details of its complaints procedure.
- Public Interest Panel
Section 2 of the Freedom of Information Act sets out the circumstances under which a public authority may refuse an FOI request. In those cases where a qualified exemption might apply the University is obliged to consider whether there is a greater public interest in providing the information to the applicant or in maintaining that exemption. Each FOI request where this test needs to be applied will be handled by a University public interest test panel, in accordance with guidance from the Information Commissioners Office.
Such a review panel should normally consist of three senior members of staff, one of whom would normally be a Pro Vice-Chancellor, as well as the University solicitor. Service or subject specialists will be invited to join the panel according to each particular request.
- Appeals
An appeals procedure in relation to the Publication Scheme, specific requests for information and enquiry handling has been issued separately and will be maintained in accordance with the provisions of the Freedom of Information Act and this policy.