Dotted Line
Hart District Council
Font Size:
S
M
L
XL
 

Frequently Asked Questions


What is the Freedom of information Act?

The Freedom of Information Act 2000 ("FOI") is fully 'in force' from the 1st 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.

See: Information Commissioners website

The Act requires that Hart maintains a Publication Scheme, available on our website, which details all the information that Hart will make available without being asked.

If you want to know something, this is a good place to start, as you may find that the information you want is already easily accessible.


What is a ‘publication scheme’?

Under section 19 of the Act, all public authorities are required to produce, maintain, and disclose in accordance with a publication scheme. This scheme will set out what kinds of information the public authority will proactively make available, and how they will do it. All schemes must be approved by the Information Commissioner. Hart’s was approved in early 2003.

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.). It may also prescribe a charge for providing the information, particularly if the public authority already charged for providing that information before the introduction of Freedom of Information.

If you want to see information included in a public authority's publication scheme, you should request it in the normal way. See 'How do I make a request'.


What are my rights under FOI?

You can request information that Hart DC holds 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.


Who can request information?

Anyone can request information under the Act after 1st January 2005, regardless of age, nationality or location.


What information will be available?

Any information held by a public authority is eligible for release. However, a number of exemptions may be applied to protect information properly kept confidential. (See also 'What happens if I am not happy with the way my request is handled?')


Who can I ask for information?

Freedom of Information applies to all ‘public authorities’ within the following categories:

  • Central and Local Government
  • The health sector
  • The police and armed forces
  • The education sector
  • Other Public Bodies in England, Wales and Northern Ireland (Scotland is covered by its own Act)


What does it mean for Hart?

Hart was already committed to be 'open' regarding some of its information (e.g. 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 web site 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 Hart holds 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 web site or paper copies by request)
  • it's covered by other exemptions


What happens when I make a request?

If you make a request, Hart must respond as soon as possible after it has been received and not later than 20 working days after receiving your request.

Hart will consider the request, and reply.

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.


Can Hart refuse a request?

Yes, Hart 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 it to you.

So, for example, if 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 on electronic medium.

But remember it may already be accessible via the publication scheme on the website.


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 day starts 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 - Department for constitutional Affairs.

Charges for requests under other legislation retain their existing fees.

For information that costs the Council £450 or less to retrieve and collate, there will be no charge apart from copying, printing, postage and other disbursements (e.g. if information has been requested on a computer disk then the cost of that disk may be charged for).

Hart 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 Hart need not comply with the request.


How do I make a request?

The request must be:

  • Made in writing including (email & fax)
  • State the name of the applicant;
  • Provide an address for correspondence; and
  • Clearly describe the information requested.

It would help us to meet your request most effectively if you could submit your request by using our Information Request Form

By writing to:

Hart District Council
Civic Offices
Harlington Way
Fleet
Hampshire
GU51 4AE


What happens if Hart does not understand my request?

Under the Freedom of Information Act, Hart has a duty to advise and assist requesters. If we do not understand your request, we will contact you to clarify what it is that you want.


How many requests can I make?

The Act does not specifically limit the number of requests you can make. However, Hart can 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.


Can I ask for the information in a different format?

You may request that the information be supplied in any form. However, Hart may take into account the cost of supplying the information in this form before complying with your request. In particular, you may ask for information in permanent form, in summary form, or for permission to inspect records containing the information.

It may also be possible for us to supply the information in Braille or audio format, in large type, or translated into another language. However, should you require this information, please do contact us.


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.


What happens if I am not happy with the way my request is handled?

The Council is required to have a complaints procedure if you are not happy with the Council’s decision in respect of your request or about how we handle your request.

In the first instance, please write to:

Hart District Council
Civic Offices
Harlington Way
Fleet
Hampshire
GU51 4AE

If having followed the Council’s procedure, you are still not satisfied, you have a right to apply to the Information Commissioner for review at:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel No: 01625 545700
Fax No: 01625 545510

Where can I find Further Information?

Campaign for Freedom of Information
Suite 102
16 Baldwin Gardens
London
EC1N 7RJ
Tel: 0207 831 7477
http://www.cfoi.org.uk

Department for Constitutional Affairs
Selborne House
54-60 Victoria Street
London
SW1E 6QW
Tel: 0207 210 8614
http://www.dca.gov.uk

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
http://www.informationcommissioner.gov.uk

See Also
Useful Websites
HDC is not responsible for the content of external websites
Contacts
Freedom of Information
foi@hart.gov.uk
Tel: 01252 774156