Information Request policy

5.1    The FOIA 2000 and EIR 2004 create a legal obligation for Local and National Authorities specified within the relevant legislation to provide an over-arching right of access to all generic information held. This does not erase the Council’s obligations to other legislation and codes of practice or relevant exemptions/exceptions in the referenced legislation, which may prevent the Council from releasing information. The Council must however approach all requests with the assumption that information may be released, unless evidence implies otherwise and the relevant legislation allows for the information to be withheld.

5.2    The Council is also obligated to provide the right of access to personal information under the Data Protection Act 2018 and General Data Protection Regulations in the form of a Subject Access Request. Welwyn Hatfield Borough Council’s Data Protection policy maintains the confidentiality of personal data held or processed whilst providing accessibility to individuals to their personal information. The Council has an obligation to consider all reasonable and valid information requests if the information is held. Records covered by this policy include all records (irrespective of the medium on or in which the information is carried) which are held by or on behalf of the Council. Any request for recorded information held by the Council in any format will be treated as an information request.

5.3    The Council will work to accommodate members of the public who need to request or receive information via physical format instead of electronic. 

5.4    Requesters are not required to mention any legislation when requesting information; it would be sufficient if officers are able to identify requests for information. Whilst it would greatly assist the Council if requests are submitted to the contact details set out at the end of this policy, this is not a requirement; Council staff are responsible for identifying these requests and forwarding them to the relevant officers and email inbox.

5.5    Information requests should be submitted in writing and provide all the necessary details to process a request including the full name of the requester or organisation they are working on behalf of. For a Subject Access request, proof of identity is required.
 
5.6    Environmental Information Regulation requests and Subject Access requests, may be submitted verbally as per the EIR and DPA respectively, but Officers reserve the right to request written versions or to create such versions on behalf of the requester for record keeping purposes.

Timelines

5.7    Once a valid information request has been received the statutory deadline will begin and requesters will receive an acknowledgement email within 5 working days. If clarification  and/or fees are required at any stage, the statutory deadline will be subject to change. The statutory deadline for a freedom of information and Environmental Information Regulation request is 20 working days. The statutory deadline for a Subject Access Request is one calendar month.

5.8    The Council may extend the 20-working day deadline to 40-working days for a Freedom of Information request in circumstances where a public interest test needs to be conducted and could not be conducted within 20-working days. 

5.9    For Environmental Information Regulation requests, the 20-working day deadline may be extended to 40 working days in circumstances where the requested information is voluminous and complex. If an extension is applied, the requester will be informed within the original 20 working day deadline. For a Subject Access Request, the 1 calendar month deadline may be extended to 3 calendar months where a request is deemed as complex and voluminous.

5.10    A request for information which relates to the Council’s normal service delivery will be considered a ‘Business As Usual’ request unless specified.

Valid requests

5.11    Valid requests will receive a response either containing the requested information or the reasons why their requested information cannot be released with reference to, to the extent applicable and as appropriate, the relevant legislation or case law and the Information Commissioner’s Office case studies or Guidance. In circumstances where the requested information is not held, requesters will be informed and Officers will provide contact details for an Authority who may hold the requested information, where reasonably possible. All responses processed under the Freedom of Information Act 2000 and Environmental Information Regulations 2004 will contain a copy of the Council’s Information Request Appeal Procedure.

Appeal Process

5.12    If a requester is unhappy with the outcome or handling of their information request, they may request an appeal using the Information Request Appeal Procedure within 40 working days of receiving a response. For further information, please see the Council’s Information Governance Appeal Procedure.

5.13    If a requester is unhappy with the outcome or handling of their information request appeal, they have the right to appeal to the ICO. Contact details for the ICO will be provided in the Council’s Information Request Appeal Procedure, correspondence detailing the outcome of the requester’s information request appeal, and below. 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 0303 123 1113
Email: mail@ico.gsi.gov.uk
Website: https://ico.org.uk/