The Freedom of Information Act

Overview

The Freedom of Information Act applies to Government and ALL public authorities, including any wholly-owned subsidiary companies.

We have two obligations under the FOI Act:

1. proactively publish information about our business and services through a ‘publication scheme’. This was completed by February 2004, and is on our website. Further work needs to be done in the New Year. Authorities are encouraged to publish as much information as possible. The more we routinely publish, the easier it will be to deal with requests for information.

2. respond reactively to information requests from 1 January 2005. ALL written requests (inc. emails) must be responded to within 20 working days. The applicant does not need to mention the FOI Act, or state why they want the information. Where possible we should provide the information in the manner they request. We can only withhold information if it is in the public interest to do so, and only if a specific exemption under the FOI Act applies. Examples include personal information about staff/students, confidentiality agreements with a third party, and information that, if disclosed, could prejudice the University’s commercial interests.

Progress Report

The main priority has been to raise Staff Awareness about the FOI Act, in preparation for 1 January 2005. The following initiatives are in progress:

Training sessions

The FOI & Records Manager has been running various training sessions, targeting the following groups of people:

1. Heads of Departments and their nominated person(s) – who need a good level of understanding, and to accept responsibility for FOI in their area

2. Frontline staff – those that routinely deal with enquiries for information, and need to be able to recognise a FOI-request

3. Committee secretaries – looking at exemptions in the FOI Act, and how this may affect the way in which minutes are written

Departmental Briefings

The FOI & Records Manager has been attending Staff meetings of both Academic Departments and Support Services. A 15min overview of the Act has been delivered, followed by a questions and answer session. By the end of December, practically all service sections will be briefed and 75% of all academic departments. The remaining departments are scheduled to be briefed at Staff meetings in Jan/Feb of next year.

General Staff Awareness

· Article in Dec issue of LboroNews

· FOI-website under construction – where information and guidance can be found

· Notice on the Noticeboard – link to FOI-website

· Email to ALL staff with a follow-up from the Registrar - link to the FOI-website

· A5-size Leaflet - ‘Facts about FOI’, and ‘How to deal with a request’ - to be distributed to ALL staff early January

Additional preparation is being done in areas where we expect to receive requests for information:

· Estates Office – Each division to receive Staff Briefing. Specific training on applying exemptions to be held early Jan for Heads of Divisions plus nominated person(s)

· Research Office – Head of Department and nominee has attended a training session. A clear chain of command has been identified. Further training on applying exemptions to be held in the New Year

· Contractors/Suppliers that provide/purchase services (>10k) to be informed via letter in early Jan, about our obligations under the FOI Act

· FOI clause to be inserted into ALL future contracts, to explain that the University will not be able to accept ‘blanket confidentiality’ agreements

· Proactive publishing of Committee agendas/minutes on the website, for all formal committees (excluding those that deal mainly with personnel issues, or commercially sensitive information) – this is an ongoing project

Complaints Procedure

The University is expected to implement a complaints procedure for people who are not satisfied with the way their requests are handled. A draft complaints procedure will be approved by the Freedom of Information and Records Management Advisory Group before the end of the year.