FOI Act

Question 1

Types of material to request

Answer 1

• Handwritten notes
• Letters
• Written documents
• Maps
• Emails & Computer records
• Audio & video records
• Photographs

Question 2

Public bodies must

Answer 2

• Respond to request within 20 working days
• Assist & advise application
• Confirm request has been received
• Provide the info unless exempt
• Adopt a publication scheme

Question 3

Absolute exemption

Answer 3

• parliamentary privilege
• already accessible
• court records
• no public interest test
• conduct of public affairs (parliament)
• high level security

Question 4

Qualified exemptions

Answer 4

• international relations
• national security or defence
• authority intends to publish it
• economic interests
• trade secrets
• health & safety
• royal communications
• conduct of public affairs
• law enforcement
• public body decides if publication is in the public interest

Question 5

Local gov must publish

Answer 5

• All expenditure over £500
• All gov spending over £25,000
• All grants to voluntary bodies
• Major policy documents
• Copies & contracts of tenders

Question 6

Right to attend

Answer 6

• cabinet meetings
• full council meetings
• sub-committee meetings
• scrutiny committee meetings

Question 7

Further Appeals

Answer 7

• Gove ministers have right to veto FOI requests
• Can appeal to info tribunal over ICO ruling
• Appeals against refusal to provide info can be made to the info commissioner

Question 8

Cost

Answer 8

Info costing up to £450 should be free of charge

= Info costing more, authority can refuse to provide/charge up to the full cost

Question 9

Exclusions

Answer 9

If an item is confidential or exempt

Question 10

Exclusions - confidential

Answer 10

• Marked confidential or restricted
• Could be illegal info that cannot be disclosed
• Info from a gov department which states we may not disclose it

Question 11

Exclusions - Exempt

Answer 11

• Resolution must be passed stating what type of exempt material
• Personnel, tenders, contracts, pending legal proceedings
• 15 categories relating to personal matters

Question 12

Ombudsman

Answer 12

Investigates complaints on behalf of the general public that public bodies have failed to provide adequate services.

Officer of parliament

Question 13

Local gov ombudsman

Answer 13

Investigates complaints that a local authority is guilty for maladministration.

They must consider report & inform ombudsman of the action it proposes to take.
= If dissatisfied, ombudsman produces 2nd report

Question 14

Parliamentary & health service ombudsman

Answer 14

Investigates complaints gov departments are guilty of maladministration.

• civil servants
• must be referred by an MP
• reports to parliament
• cannot force minister to accept report