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Freedom of Information

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Freedom of Information Act

This page will help you understand the Freedom of Information Act with the most frequrently asked questions:

Who can request information?

Anyone can request information from the Council under the Act after 1st January 2005.

What information can be requested?

Any recorded information held by the Council is eligible for release.   However, there are a number of exemptions which may be applied to protect information which needs to be kept confidential.

What is a publication scheme?

Under section 19 of the Act, all public authorities are required to produce, maintain, and disclose information in accordance with a publication scheme.   The publication scheme sets out what kinds of information the public authority will make available, and how they will do it.   The Council’s scheme published in 2003 is currently being updated.

A publication scheme is not just a list of documents a public authority already publishes.   Rather than specifying individual documents, it describes 'classes' or 'kinds' of information (such as minutes, reports etc.).   You can view the Council’s publication scheme by visiting www.worthingfoi.org.uk or by visiting the Town Hall.

How do I make a request?

The Act requires that all requests:

  • Are in writing (including emails)
  • State clearly what information is required
  • State the name of the applicant, and an address for correspondence.

To assist in this, the Council have set up specific e-mail addresses for handling Freedom of Information requests.   These are:

E-mail requests sent to these addresses should ensure a prompt response.  The Council may seek further information from you in order to assist it in dealing with the response.

What happens when you make a request?

When we receive a request for information, we will endeavour to respond as soon as possible, and not later than 20 working days after receiving your request (see How do I make a request).   We will consider your request, and reply accordingly.  Where a possible exemption is being considered, the response may take more than 20 days but you will be kept informed.

The reply should confirm or deny whether or not we hold the information, and either provide the information you requested, or explain why it has not been provided, quoting an exemption under the Act.  In certain cases an exemption may be applied so that the Council will not confirm or deny whether it holds the information.

What happens if my request is refused?

A request for information may only be refused if it falls under one of the exemptions.   If your request is refused, our reply will identify which exemption is being applied and give you details of how to apply for an internal review of our decision via the Council;s complaints procedure.   If, after an internal review, we still refuse your request you may ask The Information Commissioner to review the decision.

How many requests can I make?

The Act does not specifically limit the number of requests you can make.   However, section14 of the Act states that we reserve the right to refuse any vexatious or repeated requests.   This may include repeated requests from the same person for the same information, or requests which are intended to disrupt the authority's work.

How can I use the information I receive?

The Freedom of Information Act does not place restrictions on how the information supplied under it may be used.   However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records.   The Act does not transfer copyright in any information supplied under it.  If in doubt you should seek your own legal advice.

Can the council charge a fee for release of the information?

The publication scheme sets out fees for the release of information referred to in the scheme.

For requests falling outside the publication scheme, the Council will notify you of any fees payable on receipt of a request.  In general terms, when the cost of locating and retrieving the information is anticipated to be less than £450, the Council can only charge for postage, printing and photocopying.  Where the cost of locating and retrieving the information is anticipated to exceed £450, the Council can either refuse to comply with the request or can charge the actual cost.

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Worthing Borough Council, Town Hall, Chapel Road. Worthing. BN11 1HA. 01903 (239999)