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The council is currently revising sections within its Publication Scheme and the associated guidance. Although some of the information you might expect to find may appear to be omitted from the Scheme, the council has adopted the Information Commissioner’s model Publication scheme www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/local_authorities_v2.pdf.
The Freedom of Information Act 2000 (www.opsi.gov.uk/ACTS/acts2000/20000036.htm) (the Act) promotes openness and accountability in public sector bodies. It allows everyone the right to see information held by public authorities, so that there is a better understanding of:
- how public authorities carry out their duties;
- why decisions are made and
- how public money is spent.
Under the Act, individuals have the right to make a request for any information held by a public authority, subject to exemptions.
The Act requires that information readily available from public authorities is published, easily accessible and identified in a Publication Scheme. The council has prepared guidance to assist individuals using the Scheme.
If the information being sought is not available through the Publication Scheme, a request must be made in writing, which includes:
Information requests have to be fulfilled within 20 working days of the council receiving the request, unless:
- a payment is required, which will start the 20-working day limit on the date of payment or
- the council is considering the Public Interest Test, as an exemption applies.
Although the officer formally responsible for the Freedom of Information Act 2000 for Medway Council is the Assistant Director, Housing and Corporate Services, all enquiries should be addressed to Customer First initially.
For further information about the Freedom of Information Act 2000 and other related legislation, please visit the website of the Information Commissioner (www.ico.gov.uk/Home/what_we_cover/freedom_of_information.aspx) or Directgov (www.direct.gov.uk/en/Governmentcitizensandrights/Yourrightsandresponsibilities/DG_4003239).
The Freedom of Information Act 2000, the Data Protection Act 1998 (www.opsi.gov.uk/ACTS/acts1998/19980029.htm) and the Environmental Information Regulations 2004 (www.opsi.gov.uk/si/si2004/20043391.htm) all govern access to information held by English, Welsh and Northern Irish public bodies. The Act does not apply to Scottish public authorities, which come under the Freedom of Information (Scotland) Act 2002 (www.opsi.gov.uk/legislation/Scotland/acts2002/20020013.htm), overseen by a separate organisation, the Office of the Scottish Information Commissioner (www.itspublicknowledge.info).
The following pages offer help and advice on making requests for information:
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