FREQUENTLY ASKED QUESTIONS ON FOI
This guide has been prepared in the form of questions and answers providing guidance on what sort of information can be requested, how to request it and what to do if your request is refused or you are unhappy with our response. Please do not hesitate to contact the Council on (01403) 215571 or by email to foi@horsham.gov.uk if you have any further questions with respect to requesting information. Click on the questions below for further information.|
Q: What information has the Council previously released? What information has the Council previously released? A: Details of Freedom of Information requests aht Horsham District Council has previously received and the Council's responses to those requests that are of general public interest are available to view on the Council's disclosure log at http://www.horshamfoi.org.uk/disclosureLogYear.asp Work is in progress to add as many responses to the disclosure log as possible.    Q: What is Freedom of Information? What is Freedom of Information? A: The Freedom of Information Act is intended to promote a culture of openness and accountability amongst public authorities by providing people with rights of access to the information held by them. These access rights will help the public better understand how public authorities carry out their duties, why they make the decisions they do and how they spend public money. The Council is committed to the principles of openness and accountability whilst at the same time protecting the privacy of personal and sensitive information.  Q: What does the Act do? What does the Act do? A: The Freedom of Information Act gives you a general right of access, to all types of recorded information held by us subject to a number of exemptions set out in the Act, which may be applied to protect information which is confidential. Q: What are the Council's duties under the Act? What are the Council's duties under the Act? A:
Q: What information will be available? What information will be available? A: The Freedom of Information Act covers all recorded information we hold, regardless of format, such as documents, e-mails, plans and audio information. We will give you the information that you request wherever possible. However there may be some information that we are unable to release because one of the exemptions applies (for example, to protect a person’s privacy or a third party’s right to confidentiality), or we may not hold the information you want to see. If these cases apply we will let you know and explain why. Q: Can I ask for information about me? Can I ask for information about me? A: If you want information about yourself, you have a right to do so under the Data Protection Act. Please contact the Data Protection Officer on 01403 215571 or by e-mail at foi@horsham.gov.uk. For further information about how to make a subject access request please click here. If you want other information that you think we hold you need to apply under the Freedom of Information Act. Q: How can I get help in making a request? How can I get help in making a request? A: We can provide advice and assistance to help you:
If you require some help, please contact us by e-mail at foi@horsham.gov.uk or by phone on 01403 215571. Q: What happens when I make a request? What happens when I make a request? A: We must usually respond to your request for information within 20 working days of receiving it. If possible we will provide it sooner. You need to let us know how you would prefer to receive the information. You can ask for:
Information may also be available in large print, Braille or in audio format or in a different language on request. For further details please contact us by e-mail at foi@horsham.gov.uk or by phone on 01403 215571 We will use the information contained in your request to respond appropriately. If we need to clarify your request to identify or locate the information you want, we will contact you for more details. Q: Can the Council refuse to deal with my request? Can the Council refuse to deal with my request? A: Most requests for information will be genuine, however, we do have the right to refuse any vexatious or repeated requests. This might include repeated requests from the same person or group for the same information or requests which are intended to disrupt the Council’s work. If you are part of a campaign and several of you need information from us, we suggest that you appoint a campaign secretary to be responsible for corresponding with us for information. Q: What does it cost? What does it cost? A: If you are requesting information under the Council’s Publication Scheme, the Scheme will tell you whether (and how much) we charge for that information. The Council wishes to make as much information as possible available free of charge. However, some publications within the Scheme have a cover charge (e.g. copies of the Local Plan) where photocopies are requested these will be charged for. If you are requesting information not included under the Scheme and the cost of complying with the request exceeds £450 (this is calculated on the basis of 18 hours work at £25 per hour) the Council is entitled to make a charge known as ‘prescribed costs’ which include the costs of locating the information, retrieving the information, extracting the information from a document containing it, informing you whether we hold the information and communicating the information to you prior to complying with your request. Alternatively the Council may refuse your request. You will be informed as early on in the process as possible if the request is likely to exceed £450 so that you have the option to adjust your request to bring it under the £450 limit. Where the cost of complying with the request does not exceed £450 the Council may only charge for disbursements which include photo-copying, printing, postage etc. You will be informed as early on in the process as possible if a charge is payable. Any charges must be paid prior to the information being sent. The requestor will have 90 days to pay the fees failing which the request will be closed. Charges will be made in accordance with the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004, and in accordance with the Council’s current charging rates. Q: What can I do if I am unhappy with the way the council has responded to my request? What can I do if I am unhappy with the way the council has responded to my request? A: If you are unhappy with the way that we have responded to your request, please let us know by using our Complaints Procedure. You can get details from our website at www.horsham.gov.uk or by contacting us on 01403 215571. If you are still unhappy with the way your complaint was dealt with you can appeal against the decision by contacting the Information Commission’s Office at Wycliffe House, Water Lane, Wilmslow, SK9 5AF, or through their website at www.informationcommissioner.gov.uk. |