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In January 2005, a new law allowed everyone in the UK the right to get all kinds of information about the management and work of public bodies across the country.
No. 10 Downing Street, the police, local councils and even village primary schools are open to public scrutiny under the Freedom of Information Act.
It's primary objective is to make government more open and transparent.
It aims to help people better understand how public bodies work, why they make the decisions they do and how they spend public money. Under the act you can request almost any piece of information from these public bodies.
There are some restrictions on the kind of information that can be supplied, meaning some people will not get the answers they requested. However, you can use the information commissioner to challenge any decisions you disagree with.
1. What organisations can I get information about?
The Freedom of Information Act applies to all information held by ‘public authorities’ in England, Wales and Northern Ireland. ‘Public authorities’ refers to the organisations that have a role in public life. These include:
2. What do I have a right to know?
You can request almost any specific piece of information. For example, you might be able to ask:
Under the act, each organisation has to run a ‘publication scheme’. This is just a guide to what information is available about the organisation and explains how this information can be obtained. The information they might provide includes:
3. How do I get the information?
If the information you require is not already in the publication scheme, you can specifically request it from the organisation. They can charge a fee for this service. The request should:
4. What information can be withheld?
Organisations have the right to withhold certain information. For example information cannot be released if it is against public interest. This sort of information is ‘exempted’ from the act. The main types of exemption are:
If an organisation decides to withhold information they should let you know and give you an explanation within 20 working days of your information request. There are circumstances in which they may need longer to consider the public interest.
Appeal to the information commissioner
If you are not satisfied with their decision, you can appeal to the information commissioner to review their decision. If the commissioner agrees with you, the organisation can be compelled to release the information. However, ministers have the right to veto the release of information that relates to the work of central government departments. They will have to explain the decision to veto before MPs. This veto might be extended to include other organisations as well.
Appeal to the information tribunal
If you are unhappy with the decision of the information commissioner, you can appeal to the information tribunal. The information tribunal has the power to overturn decisions made by the information commissioner. This applies to decisions made in your favour as well; the organisation you want information from can also appeal to the information tribunal.
6. How to get environmental information
If you want access to environmental information the Environmental Information Regulations is better than the Freedom of Information Act because:
The Information Commissioner’s website has more information on how to get environmental information. The Department for the Environment and Rural Affairs also has more on public access to environmental information.
7. Freedom of information in Scotland
The Freedom of Information Act (Scotland) 2002 allows anybody to get information from public bodies in Scotland. It is very similar to the Freedom of Information Act 2000 for the rest of the UK.
Public bodies need to have a publication scheme. People can make requests for information, although this will be regulated by certain exemptions similar to those in the rest of the UK. Information relating to national security, defence, police investigations and the formation and development of government policy do not have to be released. You can ask the Scottish Information Commissioner to review this decision and to enforce the Act.
The main difference is that there is no information tribunal in Scotland. The final decision on whether information can be released rests with the Scottish information commissioner.
More on the freedom of information act in Scotland is available on the website of the Scottish information commissioner.
No. 10 Downing Street, the police, local councils and even village primary schools are open to public scrutiny under the Freedom of Information Act.
It's primary objective is to make government more open and transparent.
It aims to help people better understand how public bodies work, why they make the decisions they do and how they spend public money. Under the act you can request almost any piece of information from these public bodies.
There are some restrictions on the kind of information that can be supplied, meaning some people will not get the answers they requested. However, you can use the information commissioner to challenge any decisions you disagree with.
1. What organisations can I get information about?
The Freedom of Information Act applies to all information held by ‘public authorities’ in England, Wales and Northern Ireland. ‘Public authorities’ refers to the organisations that have a role in public life. These include:
- Central government departments
- Local authorities and councils
- The police
- The NHS
- Schools and local education authorities
- Universities
- Publicly owned companies
2. What do I have a right to know?
You can request almost any specific piece of information. For example, you might be able to ask:
- What your hospitals policy for allocating beds is
- Why a particular doctor was dismissed
- What exactly council tax is being spent on
- Why the local swimming pool is being closed
- Whether pesticide levels in your local water supply are safe
Under the act, each organisation has to run a ‘publication scheme’. This is just a guide to what information is available about the organisation and explains how this information can be obtained. The information they might provide includes:
- Annual reports
- Financial information
- Health and safety and employment policies
- Minutes and agendas of meetings
- Circulars and internal memos
3. How do I get the information?
If the information you require is not already in the publication scheme, you can specifically request it from the organisation. They can charge a fee for this service. The request should:
- Be in writing
- State your name and address
- Describe the information requested
4. What information can be withheld?
Organisations have the right to withhold certain information. For example information cannot be released if it is against public interest. This sort of information is ‘exempted’ from the act. The main types of exemption are:
- Qualified exemption: The public interest in withholding the information is greater than the public interest in releasing it
- Absolute exemption: Information that falls into this category can be withheld without even considering ‘public interest’ arguments. For example, certain defence and national security matters fall inside this category
- Information that is already available to the public
- Information intended for future publication
- Information supplied by or about the security or intelligence services
- Information supplied by or about the special forces
- Information about civil or criminal investigations, including police investigations
- Court or tribunal proceedings and documents
- Information that may prejudice the work of the organisation in auditing the accounts and efficiency of another public body
- Communications with the Queen and other members of the Royal Family
- Information about the formulation of government policy, how a minister’s private office works, ministerial communications and any advice received by a minister. This applies to the Welsh Assembly and central government
- Information that would endanger the safety or the physical or mental health of another
- Trade secrets and information that might affect the commercial interests of an organisation or another person
- Confidential legal proceedings
If an organisation decides to withhold information they should let you know and give you an explanation within 20 working days of your information request. There are circumstances in which they may need longer to consider the public interest.
Appeal to the information commissioner
If you are not satisfied with their decision, you can appeal to the information commissioner to review their decision. If the commissioner agrees with you, the organisation can be compelled to release the information. However, ministers have the right to veto the release of information that relates to the work of central government departments. They will have to explain the decision to veto before MPs. This veto might be extended to include other organisations as well.
Appeal to the information tribunal
If you are unhappy with the decision of the information commissioner, you can appeal to the information tribunal. The information tribunal has the power to overturn decisions made by the information commissioner. This applies to decisions made in your favour as well; the organisation you want information from can also appeal to the information tribunal.
6. How to get environmental information
If you want access to environmental information the Environmental Information Regulations is better than the Freedom of Information Act because:
- Requests can be made verbally and not just in writing
- Requests can’t be denied on the basis of expense
- There are fewer exemptions and these have to meet a public interest test
- The exemption for ‘commercial confidentiality’ has tougher criteria
The Information Commissioner’s website has more information on how to get environmental information. The Department for the Environment and Rural Affairs also has more on public access to environmental information.
7. Freedom of information in Scotland
The Freedom of Information Act (Scotland) 2002 allows anybody to get information from public bodies in Scotland. It is very similar to the Freedom of Information Act 2000 for the rest of the UK.
Public bodies need to have a publication scheme. People can make requests for information, although this will be regulated by certain exemptions similar to those in the rest of the UK. Information relating to national security, defence, police investigations and the formation and development of government policy do not have to be released. You can ask the Scottish Information Commissioner to review this decision and to enforce the Act.
The main difference is that there is no information tribunal in Scotland. The final decision on whether information can be released rests with the Scottish information commissioner.
More on the freedom of information act in Scotland is available on the website of the Scottish information commissioner.
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