Getting it right Responding effectively to FOI requests

Getting it right: Responding effectively to FOI requests Paul Mutch 13 February 2017

Responding to requests

(1) Interpreting the request THE PROBLEM Authority unclear what information is being asked for EXAMPLE Mr Q and Police Scotland (296/2013): Police misinterpreted request, leading to information being withheld when what the requester wanted was already published SOLUTION Contact requester when request received if request unclear or ambiguous 3

(2) Information not held THE PROBLEM The requester thinks the authority is hiding information from them EXAMPLE Refusal notice simply says “information not held” SOLUTION Explain why you don’t hold the information, what searches have been carried out, what information you do hold, and where the requester might be able to get other information 4

(3) Excessive costs THE PROBLEM The authority doesn’t need to comply with the request because it would cost more than £ 600 to comply EXAMPLE Alan Laing and the Scottish Ministers (194/2013): wide ranging request; Ministers failed to discuss how to bring request within £ 600 limit SOLUTION Explain how costs have been estimated; talk to requester about how they can narrow the scope of their request to bring it within the £ 600 limit 5

Reasons for appeal • Not recognising an information request • Not applying all the tests in an exemption • Refusing to respond to a request not sent to the FOI staff • Environmental information requests dealt with under FOI • Refusal notice doesn’t comply with FOI • Failure to provide advice and assistance • Failing to apply the public interest test • Applying exemptions to information not held 6

Remember the duty to advise and assist 7

Apply the tests carefully 8

Communication is key 9

Record keeping • Discussions with the requester • Searches carried out: what, where, when, who – and what were the results? • Cost calculations • What was disclosed or withheld – and why? 10

FOI staff • • FOI staff need ‘clout’ Staff cover Staff training Logging, tracking and monitoring systems for requests 11

Carrying out reviews

Section 60 Code: reviews It is important that authorities put in place appropriate and accessible procedures for handling reviews. The review procedure should be fair and impartial and it should enable different decisions to be made. 13

Issues at review stage • Failing to recognise a request for review • Only three options open at review • Failing to notify requester of right to appeal to Commissioner and Court of Session • Reviews not sufficiently independent or robust • Late reviews 14

Appeals to the Commissioner

Pain free appeals • Good records keeping • Comment on the application • Onus is on you to satisfy SIC you complied • Resolution possible • Pick up the phone 16

Proactive Publication

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Why should we publish information? • Statutory duty • FOI efficiency • Business efficiency • Trust

Further information Contact us Scottish Information Commissioner Kinburn Castle Doubledykes Road St Andrews KY 16 9 DS T: 01334 464610 E: enquiries@itspublicknowledge. info W: www. itspublicknowledge. info