Freedom of Information Act 2000

On 1 January 2005 the Freedom of Information Act (FOIA) was brought fully into force. It promotes openness in government and establishes a right of access for individuals to information that the government holds. Under the Freedom of Information Act, public authorities such as Allerdale Borough Council have an obligation to disclose as much information as possible to the public, subject to certain exemptions.

Publication Scheme

A Publication Scheme lays out the information that the authority holds that we proactively make available to the public. The information in the scheme is grouped into classes and includes paper and electronic documents, items on the Internet, leaflets and reports. From January 2009 Allerdale Borough Council has adopted the Publication Scheme devised by the Information Commissioner's Office (ICO). Full details of the scheme can be found on the ICO's website. However, the classes of information are:-

• Who we are and what we do
• What we spend and how we spend it
• What our priorities are and how we are doing
• How we make decisions
• Our policies and procedures
• Lists and registers
• Services provided by the Council

We have devised a guide which details the information and how it is available. This can be found at the bottom of this page. Much of the information is on this website, and hyperlinks are provided in the guide. The guide would be the first place to look before making a direct request to the Council. The guide is currently available only in English but if it is needed in another language or format, or if you require a copy of the guide to be sent to you please contact the Information and Records Officer for Allerdale Borough Council.

Requests for Information under the FOIA

If the information you require is not mentioned in the Publication Scheme, then you can make a request direct to the Council. We will strive to disclose as much information as possible, though some information may be exempt from disclosure. We will always inform you if an exemption applies, and why. You do have a right of appeal, which is detailed below.

In order to make a request for information, the request needs to be in writing (this includes fax and email) and you need to include your name, a correspondence address, and a clear description of the information you are requesting. Further details of how to make a request can be found at the bottom of this page.

We shall keep your details on a secure database, access to which is restricted to individuals dealing with requests for information and complaints made to the Council, as well as those involved with council communications. We may have to share this information with other departments if they need to contact you for clarification of your request. Your personal details will not be made public, but we do disclose details of the nature of the requests we receive in our disclosure logs. Details of your request will be kept for up to three years, in order to take account for any appeal procedures. Where possible we shall anonymise the information we hold when it is used for statistical purposes aimed at improving our services. You have a right to view the details we hold on you by contacting the Information and Records Officer. 

After the Council receives your request, we have 20 working days to respond to it. We will acknowledge your request within two working days and provide you with a date within which you can expect a reply. We can extend this time-limit by a reasonable period if the request is complicated and we need more time to consider the public-interest test on some of the exemptions.

Will there be a charge?

In most cases there will be no charge for copies of information. However, there are a few items in the Publication Scheme that do incur a charge. Each of these charges is listed in the guide. We may also charge for disbursement costs.

If the amount of information requested is particularly complicated or takes excessive staff hours to collect or collate, a charge could incur. If the request will cost more than £450 to locate, retrieve and extract the information then we can refuse to comply with your request, though we shall also advise you on how you may be able to refine your request. When considering the costs we charge staff time at £25 an hour. If any charges do apply, we will inform you as soon as possible. Allerdale Borough Council will strive to make as much information available to the public as possible through both the Publication Scheme and through any individual requests we receive.

Where the charge is set by statute, that charge remains. The FOIA, nor any other information access regime, does not trump these statutory charges. 

Are there certain types of information we may refuse to disclose?

The information regimes assume disclosure. However, there are exemptions on disclosure which we can take into account when considering your request. These exemptions may apply when the request asks for:

• Personal information, where disclosure would breach the Data Protection Act.
• Information provided to us in confidence, such as a complaint about noise, where the information may identify the complainant.
• Information which will prejudice our investigations.
• Information which will put our staff at risk.
• Information which may prejudice the commercial interests of the Council or its partners.

However, each request will be considered on a case-by-case basis. Full details of the exemptions can be found from the Information Commissioner's Office.

Appealing a decision

In some instances your request will ask for information which we consider to be exempt from disclosure under the Freedom of Information Act's exemptions. You can appeal this decision by contacting the Information and Records Officer within two months of receiving our reply. We shall then reconsider your request and issue a decision accordingly. If you are still not satisfied, you can contact the Information Commissioner's Office, whose details can be found at the bottom of this page. Note that the Commissioner will not generally consider appeals unless our appeal procedure has been exhausted.

Environmental information

If you request what can be classed as environmental information then it will be considered under the Environmental Information Regulations (EIR). Environmental information can be in any form and relate to: the state of the elements, such as air, water, soil and land; environmental factors, such as energy, noise, radiation, buildings or waste; measures such as policies, strategies and reports; and the state of human health and development. The EIRs commit the Council to make environmental information proactively available. However, there are certain exceptions to disclosure which may be relevant to your request.

The regulations are similar to the Freedom of Information Act, however some of the main differences are:

• A request can be made verbally, unlike an FOI request which must be in writing. However, a written request may help us be sure we get all the right information from you.
• The EIRs only cover environmental information, whereas FOIA covers the other information held by the council.
• The EIRs allow for a 20 working-day extension to consider a large request, whereas the FOIA only allows an extension to consider the public interest test. 
• The EIRs have a different set of exceptions with regard to the non-dislcosure of information. Though they share elements with the FOIA with regard to personal information and information provided in confidence for instance.
• Under the EIRs we can make a reasonable charge for providing the information.

You do not need to worry about which regime we will consider your request. If you are unsure make it under the one you think is correct, and we shall reply according to our interpretation of the request.

Disclosure Log

Are you curious about what has been released so far under the Freedom of Information Act? Have a look at our disclosure log, a record of what we have disclosed.

Tips on making a request under the Freedom of Information Act

• Make your request in writing (including fax, email), and include your name and contact details. Please be assured that your personal details will be held securely, and not made public. In fact, under the Freedom of Information Act the request is considered "applicant blind", so we do not take who is making the request into account. And we are not obliged to ask why you are making a request. Moreover, we have to consider that disclosure of the information is to the wider public, not just to the applicant, and hence the implications of this.
• Be as clear and precise with your request as possible. Include specific dates where necessary. This will avoid us having to ask for clarification which could slow the processing of your request. It will also avoid the possibility that your enquiry will not exceed the statutory limit obliging us to comply.
• Think about what you want to ask for. Some questions can be answered with a "yes" or "no", whilst you may want specific details.
• Make sure Allerdale Borough Council is responsible for the service your question relates to. Cumbria County Council are responsible for services such as schools, libraries, highways and children and adult social services. Therefore requests should be made to them at the address below. If you do ask for something we are not responsible for, we can ask if you would like us to forward your request to the relevant authority. However, this could slow the progress of your enquiry.
• Consider whether your request would include personal information. We are obliged to protect the personal information of individuals. Therefore if complying with your request would mean we would disclose information which could identify individuals, we may refuse your request under Section 40 of the Freedom of Information Act. If, for instance, you want the details of how many Council Tax accounts we have, do not ask for a list of those accounts.

How many requests do we receive?

Below is a breakdown of the number of requests we have replied to under the Freedom of Information Act, and the average number of days it has taken to reply.

Contact Information

01900 702701

01900 702908

foi@allerdale.gov.uk

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