Publication Scheme
Frequently asked questions
To help you understand the Freedom of Information Act 2000 a list of Frequently Asked Questions has been compiled to assist you with your FOI request.
Data Protection Act
However, before making a request please note that if you are requiring information about yourself you will need to make an application under the Data Protection Act 1998.
Q1. Who can make a request?
A. Anyone in the world can make a request regardless of age, nationality or location.
Q2. What information is available?
A. All information held by local authorities is eligible for release
though this is subject to certain conditions and exemptions under the FOI Act. (Please see exemption list in question 10)
The Act gives right of access to information held by
- Central Government
- Local Authorities
- Public Bodies
- NHS Service
- Police
- Schools, colleges and universities
Section 19 of the Act stipulates that all Local Authorities have to provide and maintain a Publication Scheme disclosing the wide range of documents available.
Q3. What is a Publication Scheme?
A. The Publication Scheme is a guide to the information the Council produces and :
- Identifies information routinely published or which we intend to publish
- Stipulates the manner in which the information exists, i.e paper tape, video or electronic format
- Confirms if a charge is required.
Q4. How do I find the information I am looking for?
Q. The Publication Scheme is categorised into 37 information classes grouped under 6 headings. The first 9 classes relates to the Council's business activities to promote the Council's plans, policies and objectives. The next 28 classes of information reflect the range of services we provide in the Council.
Features to consider about the Publication Scheme are as follows:
- Certain documents may exist in more than one class of information due to information over lap and the use of different search engines
- The Publication Scheme is available in both a paper and electronic format. A paper version of the Publication Scheme is available in the reading section of the Central library, South Shields. The electronic version can be accessed by logging on the Council's website at www.southtyneside.info
Q5. What if the information I want is not available on the Publication
Scheme?
A. If the information you want is not available on the Publication Scheme simply make a request for the information. The information you require may be due for publication shortly but just simply may not have been updated yet. However, if the information you require falls within the exemptions of the Act the information will not be eligible for release. It is recommended you read the exemption list before submitting a FOI request.
Q6. How do I make a request for information?
A. Simply complete a FOI request form on the Council's website or submit
a request in writing (email and fax included) to us clearly stating the information required. Your name and contact details will need to be supplied so we can contact you.
Q7. How long does it take to process FOI requests?
A. We are legally obliged to respond to information requests within 20
working days but our response may be delayed if:
- You have not supplied accurate data. If more information is requested the 20 day period will be suspended and will not commence until the correct information is provided.
- A fee is required in advance before the information is supplied. Customers have up to three moths to pay the fee required before the request is redeemed and refused
- Where the time allowed includes the time taken to consider any applicable exemptions and whether disclosure is in the interest of the public domain.
Q8. How do I know who holds the information I require?
A. If the information is held by South Tyneside Council you will be advised
accordingly in writing.
Q9. What happens if another body holds the information?
A. If another public body holds the information we have a duty to immediately transfer the request to the appropriate public body and advise you accordingly.
Q10. Who decides what information is exempt?
A. The Act includes a list exemptions that must be applied when
considering requests for information. (Please see exemption list) The
intention of the FOI Act is to make all information freely available
where it is in the interest of everyone to know. Information that is not
of public interest and may be harmful upon disclosure is not eligible for
release.
Q11. What is "public interest"
A. Where the impact of information made available to everyone is not in
the interest of the public and may cause harm upon disclosure.
Q12. How much does it cost?
A. Most of the information available in the Publication Scheme is free of charge. However, if the cost of retrieving the information and providing it in the format required exceeds £450 or takes more than two and a half working days to supply it a fee will apply. Postage and photocopying costs may also be required but you will be advised of this accordingly.
Q13. What happens if my request is refused?
A. A request for information can only be refused if it falls under one
of the exemptions set by the Information Commissioner. If your request is refused we have a duty to advise you accordingly and to notify you of how you can submit an application for an Internal Review.
Q14. What is an internal review?
A. If your request is refused you can make an appeal to have your case reviewed by the Council's Internal Review Panel. The Internal review Panel is an independent panel of senior management who are authorised to review cases that have been refused by the Records Management Team. Those wishing to submit an appeal must do so within 20 working days of receiving a refusal notice.
Q15. How do I make a formal complaint if I'm dissatisfied with the final decision?
A. You can write to the Information Commissioner to have your case reviewed by an Information Tribunal at the following address:
FOI Compliance Team (complaints)
Wycliffe House
Water lane
Wilmslow
Cheshire
SK9 5AF
All correspondence to the Information Commissioner must clearly state your FOI reference and the reasons for your appeal.
Q16. How many requests can I make?
A. The Act does not specifically limit the number of requests that you can make but the authority does have the right to refuse vexatious or repeated requests.
Q17. Can I ask for the information to be provided in a different format?
A. You may request that the information be supplied in a particular format but in certain circumstances this may incur a fee. Please note it may be possible for the information to be supplied in Braille, audio format, in large type or in another language but this must be clearly stated in your request.