Freedom of Information Act
The Freedom of Information Act 2000 came fully into force on 1 January 2005. The Act is intended to promote greater openness and accountability by providing a general right of access to information held by:
- Local authorities
- Central government
- NHS
- Schools
- Police
Publication scheme
The publication scheme is a guide to the type of information we routinely publishes. It makes it much easier to pinpoint specific pieces of information and therefore to ask very precisely for the information required.
Please take a look at the publication scheme before making a request, to see whether the required information is included. If the information you wish to see is not included within the scheme, you are still able to make a request under the general right of access.
How to make a request
Your request for information must be made in writing (this includes emails and faxes). You must provide a name and address and clearly set out what information you are requesting. The council has 20 working days from receipt of the request to respond - either by providing the information requested or refusing the request. School-related enquiries will be dealt with within 20 working school days.
Exemptions
The Act does provide certain exemptions to the general right of access. If any of the information requested is exempt, you will be informed which exemption applies and why. Examples include information that is commercially sensitive, confidential or readily available elsewhere.
Some requests for information may be covered by other legislation, such as environmental information which can be accessed through Environmental Information Regulations or personal data which is covered by the Data Protection Act 1998.
Should we be unable to supply anything you request, we will explain the reasons to you.
Charges
When estimating the cost of complying with a written request for information, we take into account the staff time, charged at a rate of £25 per hour, involved in the following activities:
- Determining whether information is held
- Locating the information or a document which may contain the information
- Retrieving the information or a document which may contain the information
- Extracting the information from a document containing it
Where the cost of complying with a written request for information is estimated to be below £450 ('appropriate limit') there will be no charge other than the costs of reproducing the information and postage. Where the cost of complying with a written request for information is estimated to be more than £450, you will be issued with a fees notice in respect of reproduction and postage costs and must pay those costs within a period of three months.
We are not obliged to respond to a written request for information where it estimates that the cost of complying with the request would be in excess of £450 ('the appropriate limit').
If we receive two or more related requests within a period of 60 consecutive working days, from a person or different persons who appear to be acting in concert or in pursuance of a campaign, the costs of complying with the individual requests will be aggregated.
If the estimated aggregated cost of complying with the requests exceeds £450, the council will not be obliged to comply with the request.
Schedule of fees charged for photocopying and postage as at 1 January 2005:
Photocopying 9p per page.
Postage 2nd class mail delivery as per www.royalmail.com:
| Maximum weight | second class postage |
|---|---|
| 100g (letter) | 23p |
| 100g (large letter) | 37p |
| 250g (large letter) | 55p |
| 500g (large letter) | 75p |
| 750g (large letter) | 109p |
The Freedom of Information complaints procedure
Your complaint will be fully investigated and treated confidentially. If your complaint is about a response to a request for information, it will be dealt with by an officer who was not involved in the original decision.
You will receive an acknowledgment within five working days of receipt of the complaint. A full investigation and any decision will be made and conveyed to you within 20 working days.
If we are unable to deal with your complaint within this time, we will inform you and let you know the reason for the delay.
If your complaint is upheld you will be notified of what action will be taken. If it is a request for information the information will be provided to you. If the complaint is not upheld you will be given a reason for the decision.
What can I complain about?
Under the Freedom of Information Act you are entitled to complain to the council if you:
- feel that the application was not dealt with within the 20 working day time limit
- didn't receive all of the information you requested
- didn't receive reasons why your request has been refused
- feel that exemptions have been wrongly applied, and/or
- feel that a fee has been wrongly charged
How do I make a complaint?
What do I need to do?
- Make it clear that you are making a complaint about a matter to do with Freedom of Information
- Provide us with your name and contact address (this can be an email or postal address)
- Provide a phone number (in case we need to contact you to help us deal with your complaint)
- Provide full details of your complaint
You must put your complaint in writing in one of the following formats:
- email us at information@croydon.gov.uk
- fax us at 0208 760 5679
- write to us by letter and sending it to FOI Complaints, London Borough of Croydon, Democratic and Legal Services, Croydon, CR9 3JS
You can ask another organisation to help you make a complaint, such as your local Citizen's Advice Bureau or Racial Equality Council, or ask a member of staff at the council to help you.
What outcomes can there be following an investigation into my complaint?
We may decide one or more of the following:
- information may be disclosed which was previously withheld, and/or
- that the council has not followed its procedures in relation to Freedom of Information. We will apologise and tell you what we will do to put it right and to make sure that similar errors do occur in the future, or
- that the initial decision to withhold information is upheld and/or
- that the council has correctly followed its procedures
What if I am not happy with the council's response to my complaint?
If you are not satisfied with our response to your complaint, or if we have not been able to resolve your complaint, you may contact the Information Commissioner to ask him to investigate the matter. You can contact the Information Commissioner at the address given below.
Contact Details
- Contact name
- James Derby
- Job title
- Corporate Solicitor (Information)
- Department
- Democratic & Legal Services
- Telephone
- 020 8726 6000 Ext 61359
- information@croydon.gov.uk
- Address
- Taberner House
Park Lane
Croydon
CR9 3JS
- Contact name
- Information Commissioner
- Telephone
- 01625 545 745
- data@dataprotection.gov.uk
- Address
- Information Commissioner’s Office
Wycliff House
Water Lane
Wilmslow, Cheshire
SK9 5AF - Website
- www.informationcommissioner.gov.uk
