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Question and answers about Freedom of Information

How Freedom of Information affects both us and you

What is the Freedom of Information Act?
The Freedom of Information Act 2000 (“FoI”) is fully ‘in force’ from the 1 January 2005.  It aims to create greater openness, transparency and accountability in public services. It covers public authorities including local government, central government, health authorities, publicly funded educational institutions, and the police. For more information, you can visit the Information Commissioner's website under external links.

What are my rights under FoI?
You can request information that we hold and we will tell you whether we hold it. If we do hold it, we will provide it to you in a form (or a viewing or summary) that is acceptable to you and is reasonably practicable for us to do so.

What does it mean for us?
We were already obliged to be ‘open’ regarding some of our information, such as minutes of meetings, information on statutory registers, various reports and financial information. FoI will significantly extend these obligations.

How will the FoI change the way I get information?
Much of our information is already available on our website and our publication scheme. And we'll continue to give you the fullest possible answers to your questions whether by phone or in writing. We have always tried to provide and assistance and this is now a duty within FoI. In addition you can now make a formal FoI request for information.

Will I be able to get more information than now?
Yes, any information that we hold will be available to you unless a legal exemption applies. Some reasons why you might not get information you ask us for is if:

• we don’t have it
• it's personal information covered by the Data Protection Act - we can't disclose information about individual people (and that includes you) to anyone who hasn't got the legal right to have it
• it's legally confidential
• it’s already available in our Publication Scheme (on our website or paper copies by request)
• it's covered by other exemption, please use the link under internal links

Can we refuse a request?
We can refuse to comply wherever exemptions apply or where requests for information are vexatious or repetitive. Also if the cost of complying is excessive (i.e. where it exceeds the “appropriate limit” set by government) or the applicant fails to pay the fee. We must notify you of our reasons for refusal.  It may be appropriate in some circumstances to invite you to make a more specific request, to reduce the cost.

Will I get all of the information I request?
Yes, unless an exemption applies, in which case we will withhold the exempt information. But we will still provide any non-exempt information.

How will I get the information?
When you make a request for information you must tell us what the information is and how you would like sent it to you. If, for example, we tell you that the information you require is contained in three large volumes we may suggest you come into us to see it rather than the documents being posted to you, which may be charged to you. If we hold the information electronically, we may send it to you by email or in electronic version. But remember it may already be accessible via the publication scheme on our website, please use the link under internal links.

How long will I have to wait?
FoI requires us to reply promptly and no later than 20 working days after receiving the request.  However there are some exceptions:

• if we have to transfer the request to another authority because we don’t have the information, the 20 days start when they receive the transfer
• if we have to apply an exemption that needs a public interest test, we can extend the timescale
• if a fee is payable, the 20 days does not start until we receive and clear the funds
• if the request is unclear, the 20 days does not start until we clarify it with you

What will it cost me?
The government publishes the fee regulations for FoI which can be found on the Department for Constitutional Affairs website. Charges for requests under other legislation retain their existing fees. For information that costs the us £450 or less to retrieve and collate, there will be no charge apart from copying, printing, postage and other disbursements, such as if information has been requested on a computer disk then the cost of that disk may be charged for. We will tell you formally in writing that a fee is to be charged, stating the amount of the fee. This is called a Fees Notice. If the fee has not been paid within 3 months, then we need not comply with the request.

How do I make a request?
The request must be made in writing, which can be by letter, email or fax, and it must state:

• the name of the applicant
• an address for correspondence
• clearly the information that is requested

It would help us to meet your request effectively if you could submit your request in by:

• using our Information Request form
• email to FOI@portsmouthcc.gov.uk
• writing to
  Corporate Information Governance Officer (FoI)
  Portsmouth City Council
  Civic Offices
  Guildhall Square
  Portsmouth
  PO1 2BQ

What happens if I am not happy with the way my request is handled?
You can appeal against our decision or make a complaint about our handling of your request by writing. In the first instance, please write to the above address. Having done this, if you are still not satisfied, you have a right to apply to the Information Commissioner for review at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 01625 545700
Fax: 01625 545510

Where can I find more information?

Campaign for Freedom of Information
Suite 102
16 Baldwin Gardens
London
EC1N 7RJ

Tel:  0207 831 7477

Department for Constitutional Affairs
Selborne House
54-60 Victoria Street
London
SW1E 6QW

Tel: 0207 210 8614

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 01625 545700
Fax: 01625 545510

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