Freedom of Information Policy

Similar documents
Schools Subject Access Request Procedures

Making a Freedom of Information request

Receiving and Responding to a Freedom of Information Act Request: Standard Operating Procedure

UCL Freedom of Information Policy

FREEDOM OF INFORMATION POLICY

Complaints Procedure

Freedom of Information Act Policy

Policy Document. Dr Margaret Guy, Non-Executive Director and Vice-Chair

Merrydale Infant School Freedom of Information Act

POLICY STATEMENT ON RECRUITMENT AND EMPLOYMENT OF EX-OFFENDERS

Freedom of Information Act Procedure

Freedom of Information Policy

Data Protection Policy

FREEDOM OF INFORMATION ACT 2000 SUMMARY GUIDANCE

Freedom of Information Policy, Procedures and Requests

Freedom of Information Act 2000: Policy

Whistleblowing & Serious Misconduct Policy

IMPERIAL COLLEGE LONDON ORDINANCE D8. THE DISCIPLINARY PROCEDURE This Ordinance is made pursuant to Part III of the Appendix to the College s Statutes

THE PIGGOTT SCHOOL FREEDOM OF INFORMATION POLICY AND GUIDANCE

SUBJECT ACCESS REQUEST

Holy Trinity Catholic School. Whistle Blowing Policy 2017 BIRMINGHAM CITY COUNCIL WHISTLEBLOWING POLICY 2015 ADOPTED BY HOLY TRINITY CATHOLIC SCHOOL

The British Dance Council s Complaints Procedure

Park View Primary School

Recruitment of Ex-Offenders Policy

CONCERNS & COMPLAINTS POLICY. November 2017

Freedom of Information

Code of Practice on the discharge of the obligations of public authorities under the Environmental Information Regulations 2004 (SI 2004 No.

FREEDOM OF INFORMATION ACT 2000 POLICY

CHURNET VIEW MIDDLE SCHOOL POLICY FOR FREEDOM OF INFORMATION ACT 2000

THE FREEDOM OF INFORMATION ACT, Arrangement of Sections PART I PRELIMINARY

Complaints Policy. Policy: Complaints Policy Effective Date: December 2014 Revision Number : 3.0 Revised: January 2018

Decision 012/2008 Councillor Paul Welsh and North Lanarkshire Council

Great Leighs Primary School. Data Protection and Freedom of Information Policy. Adopted: April Review Date: April 2018.

THE FREEDOM OF INFORMATION LAW, 2007 (LAW 10 OF 2007) THE FREEDOM OF INFORMATION (GENERAL) REGULATIONS, 2008

Dorset Police and Crime Panel

Freedom of Information Act 2014 an overview. Mary Moran-Long PhD BL

Applicant: Ms Suzi Eskandari Authority: Scottish Children s Reporter Administration Case No: and Decision Date: 31 October 2007

Freedom of Information Act 2000 Policy and Procedure

Data Protection Policy

Beaufort Primary School and Beaufort Nursery

St. Paul s C of E Primary School

Data Protection Policy. Revisions and Editions Log

Ribston Hall High School. Complaints Policy

Data Protection Policy

OFFICE OF THE POLICE AND CRIME COMMISSIONER FREEDOM OF INFORMATION ACT 2000 PUBLICATION SCHEME

European College of Business and Management Data Protection Policy

Complaints Policy. Director of Operations August 2017

Freedom of Information Procedure Manual

Whistle Blowing Policy

Declarations guidance for student registrants

ACCESS TO PORT PUBLIC RECORDS

As far as possible all concerns should be dealt with as informally as possible.

2.16 Freedom of Information and Protection of Privacy Act

AIA Australia Limited

DISCLOSURE & BARRING CHECKS POLICY

PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL FOR OSIRIS TRADING (PTY) LTD REGISTRATION NUMBER 1999/005636/07

North Yorkshire County Council. Subject Access Request Guidance and Procedure. Data Protection Act 1998

NORTH TYNESIDE COUNCIL GOVERNOR SERVICES - LAW AND GOVERNANCE. Guidance for Governing Bodies COMPLAINT PROCEDURE

Complaints Policy and Procedures

Freedom of Information Act (FOIA) Policy Number: 010 Adopted: November 14, 2017 Last Review Date: Revised:

Freedom of Information. How it works inside the box

Customer Compliments and Complaints Policy

Statutory Policy No 7 DATA PROTECTION POLICY

Decision 136/2009 Fauldhouse Community Council and West Lothian Council. Submission to a legal adviser regarding a right of way dispute

Recruiting ex offenders policy

THE PROMOTION OF ACCESS TO INFORMATION ACT

EQUALITY AND DIVERSITY POLICY

NKC STUDENTS UNION -- CONSTITUTION -- Version 1 March 2017

PRESCRIBED FORM TO BE COMPLETED BY A REQUESTER FORM C REQUEST FOR ACCESS TO RECORDS OF PRIVATE BODY

Clare County Council Data Access Requests Policy

Data Protection Act 1998 Policy

Ashton St. Peter s Church of England Voluntary Aided Primary School. Complaints Procedure Policy

Standards of Service for Victims and Witnesses

PROTOCOL BETWEEN WEST MIDLANDS POLICE CPS WEST MIDLANDS AND WEST MIDLANDS LOCAL AUTHORITIES

VOLUNTARY REGISTER OF DRIVING INSTRUCTORS GOVERNING POLICY

Internal complaints-handling procedures

PROMOTION OF ACCESS TO INFORMATION

Statistical information on complications and injuries associated with forceps delivery

Decision Notice. Decision 005/2015: Mr M and the Chief Constable of the Police Service of Scotland

The Freedom of Information (Jersey) Law, 2011

THE ORATORY SCHOOLS ASSOCIATION. Recruitment, Selection & Disclosure Policy and Procedure

Health Information Privacy Code 1994

INTRODUCTION 3 ABOUT THE NTPF 4 CLASSES OF RECORDS HELD BY THE NATIONAL TREATMENT PURCHASE FUND 5 HOW TO OBTAIN INFORMATION UNDER THE FOI ACT 7

Decision 053/2011 Mr George Green and East Lothian Council. Purchase of audio-visual equipment. Reference No: Decision Date: 14 March 2011

EQUALITIES AND DIVERSITY POLICY

CITY OF VANCOUVER BRITISH COLUMBIA

Freedom of Information and Data Protection

BERMUDA PUBLIC ACCESS TO INFORMATION REGULATIONS 2014 BR 79 / 2014

The position you have applied for is exempt from the Rehabilitation of Offenders Act 1974 (as amended in England and Wales).

DATA PROTECTION POLICY STATUTORY

Guidance on the RIBA Code of Practice for Chartered Practices - complaint procedures.

Environmental Information Regulations Decision Notice

Complaints and Customer Feedback Date Adopted July 2018 Date of Next Review Not later than July 2021 Version 1.0 Responsible Officer Company Secretary

REQUESTS FOR MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS. Guidance for Authorities Outside of Kenya

IBSA Harassment Policy

COTHAM SCHOOL COMPLAINTS POLICY AND PROCEDURES

The Equality Act 2010 Discrimination and Other Prohibited Conduct

independent and effective investigations and reviews PIRC/00328/17 APRIL 2018 Report of a Complaint Handling Review in relation to Police Scotland

Complaints Procedure

STAFF COMPLAINTS & GRIEVANCE PROCEDURE

Transcription:

Freedom of Information Policy Policy reviewed by Academy Transformation Trust on September 2017 This policy links to: Located: Data Protection Policy Freedom of Information Publication Scheme for Academies Review Date September 2020

Our Mission To provide the very best education for all pupils and the highest level of support for our staff to ensure every child leaves our academies with everything they need to reach their full potential. We promise to do everything we can to give children the very best education that gives them the best opportunity to succeed in life. All of our academies have it in them to be outstanding and achieving this comes down to our commitment to our pupils, staff and academies. Our commitment We are committed to taking positive action in the light of the Equality Act 2010 with regard to the needs of people with protected characteristics. These are age, disability, pregnancy and maternity, religion and belief, race, sex, sexual orientation, gender reassignment and marriage and civil partnership. We will continue to make reasonable adjustments to avoid anyone with a protected characteristic being placed at a disadvantage. 2

Contents 1 Purpose 4 2 Core Principles 4 3 General Right of Access to Information 4 4 Charges 5 5 Implementation 6 Appendix 1 7 3

1 Purpose 1.1 ATT recognises its corporate responsibility under the Freedom of Information Act 2000 ( the Act ) to provide a general right of access to information held. Under the Act, ATT has a legal obligation to provide information through an approved Publication Scheme and in response to valid requests made by individuals under the Act. 1.2 The purpose of this policy is to ensure that the provisions of the Act are adhered to, particularly: Signposting the public to routinely published information through inclusion in the Publication Scheme Ensuring that other information not included in the Publication Scheme is readily available on request Where information is covered by an exemption, considering whether the information should be released. 1.3 Information that is held by ATT in a recorded (paper or electronic) format can be requested under the Act and, subject to any relevant exemptions, will need to be disclosed. Disclosures under the Act are disclosures into the public domain. This includes recorded information, printed documents, computer files, letters, emails, photographs and sound or video recordings. 1.4 The Act does not give people access to their own personal data (information about themselves). Access to personal data is covered under out separate Data Protection Policy. 2 Core Principles 2.1 ATT will publish the information set out in the Freedom of Information Act Publication Scheme for Academies ( the Publication Scheme ) and will ensure that documents containing the information are available on request. 2.2 ATT will give access to information not covered by the Scheme, except for any exempt information, following valid request and the payment, where appropriate, of the fee within 20 working days. 2.3 There will be occasions where ATT does not hold the information requested or when it can refuse to give access to the requested information. If a refusal is made ATT will give reasons for the refusal and list any applicable exemptions. 3 General Right of Access to Information 3.1 Publication of information listed in the Scheme will be the responsibility of the Company Secretary. 3.2 The Scheme and the materials it covers will be readily available from ATT and published on The Trust website. 4

3.3 In addition to the information listed in the Publication Scheme, ATT will share any other information it holds, as quickly as possible and without charge, unless: The information is not held by ATT The information is reasonably accessible through another route (e.g. already within the public domain) The information is in respect of an investigation that relates to criminal proceedings, either current or potential The information relates to the prevention or detection of crime The information relates to Court records, including information relating to legal proceedings It is personal information It is information provided in confidence It is planned to be publically disclosed in the future It is likely to endanger health and safety It is covered by legal privilege It would prejudice commercial interest It is vexatious or repeated ATT reasonably request further information to meet a Freedom of Information request and has informed the applicant but was not subsequently supplied with this information A fee notice has been issued and not honoured The cost of providing the information exceeds the appropriate limit ( 450). 3.4 This is not an exhaustive list and should a request be received it should be forwarded immediately to the Company Secretary. The statutory timescale starts to run as soon as it is received by an academy or ATT Central Office (no matter who received it). 4 Charges 4.1 When determining whether the cost of complying with a Freedom of Information request is within the appropriate limit, ATT will take account only of: Determining whether it holds the information Locating the information, or a document which may contain the information Retrieving information or documents (e.g. from archived storage) Extracting the information from a document(s) Costs relating to the time spent by any person undertaking any of the activities above. An hourly rate of 25 per person will be used as standard. 4.2 Within 5 days of receiving a request, ATT may issue a written notice stating that a fee will be charged for compliance. Charges considered will be: Photocopying Postage and packaging Costs directly incurred as a result of locating, retrieving and extracting information. 5

4.3 Fees charged will not exceed the costs incurred and will be expected to be honoured within 20 days of issuing a written notification. 5 Implementation 5.1 Access to information held by ATT under the Act will be overseen by the Company Secretary. 5.2 The Company Secretary will: Publish on the ATT website and in printed form the Publication Scheme Provide assistance to persons wishing to access information by who are unclear about the process Acknowledge access requests within 5 working days of receipt Where further details of the information requested are reasonably needed before the access request can be dealt with, send written communication requesting that information within 5 working days of receipt of the access request Where a fee is to be paid, send a letter or email setting out details of the fee to be paid within 5 working days of the receipt of the access request Make the information accessible, where possible in the form which the applicant requests, within 20 working days if receipt of the original request Notify the person requesting the information that an extension to the timescale may be required either due to the length of time that is required to consider the public interest arguments under the Act in respect of possible disclosure of the requested information or the ability to gather the information within 20 working days. In any event all requests should be fulfilled within an additional 20 working days Where the information is exempt or the access request is vexatious or repeated, send a refusal notice to the applicant setting out the reason for refusal with, where necessary, the category of exemption claimed, any public interest test considerations and drawing attention to the appeals procedure Where the refusal is on the grounds that the information is available elsewhere, guide the applicant on where to access the information Direct appeals to the Principal or Executive within two days of receipt Present a termly report to the Executive and an annual report to the Trust Board detailing access requests received. 6

Appendix 1 Freedom of Information Appeals Procedure The Act places a duty on public authorities to put a process in place to ensure that applicants are able to appeal to the public authority for an internal review if they are not content with the public authority s decision on the release of information. This provides a first review stage for applicants. Requests for internal review should be submitted in writing to the Company Secretary. Appeal Process Principles If ATT refuses to supply the information requested, or the applicant is dissatisfied with its response or feels that a fee has been applied unfairly they may ask for an internal review of that decision. The following principles will apply when considering an appeal request: The review will be undertaken by an individual who was not involved in the original request for information If the applicant has not received a response to a request for information within 20 working days, it may be regarded that ATT had refused the request; the individual therefore has the right of appeal All reviews will make an assessment of the information released against the information requested and make a full review of the information associated with the original application The reviewer will discuss the decisions made with the staff members concerned with the original request in order to gain a full picture of how decisions were made The reviewer may contact the applicant at their own discretion The reviewer may obtain advice from external sources including legal advice Conclusion will be summarised and handed to the Company Secretary who will log them centrally for future reference An internal review must be completed before an appeal can be made to the Information Commissioner. Timescales ATT will aim to deal with complex appeals within 20 working days of the receipt of the appeal. If it becomes clear at any stage of the appeal that the above timescales cannot be met, ATT will inform the applicant in writing and give a revised deadline for completion of the review. Outcomes An internal review may have three outcomes: The original decision is reversed The original decision is amended 7

The original decision is upheld. Whatever the outcome of the appeal, the complainant will be informed in writing with appropriate information about what will be provided should a decision be reversed or amended. Applicants will be informed that, if they are not happy with the outcome of the internal review, they have the right to contact the Information Commissioner. Details will be provided on how to do this. 8

9