Policy and performance

Purpose of the Scheme

The Freedom of Information Act 2000 (the Act) requires all public authorities to produce a publication scheme. The idea of the scheme is to let everyone know the information the council makes available as a matter of course, how it does so and whether a charge is made for the information. It is required to release the information as set out in its Scheme. Publication schemes are intended to develop a greater culture of openness.

Medway Council's Publication Scheme (pdf file 257KB) identifies:

• classes of information published by Medway Council,
• how that information may be obtained,
• any charge made for the information.

To use this file you will need Adobe Acrobat Reader. If you do not have this on your computer, please use our advice page.

The information covered by the Act does not consist solely of published printed material: it also includes information published on this and other websites, as well as single copies of documents held on computers, reports and leaflets.

The Act allows the public access to information held by Medway Council, whether published or not, subject to a limited range of exemptions.

Excluded information

Some classes of information set out a range of information which is excluded from publication. Where this is the case, the reasons behind the decision to exclude are stated clearly.

General correspondence sent or received by the council is excluded throughout the Scheme, as is all information relating to private individuals by virtue of it being personal data under the Data Protection Act 1998.

In certain cases, a limit has been placed on the age of some documents that will be made available under the Scheme but this does not mean that information beyond that date cannot be obtained, just that it is not available as a matter of course within the Scheme.

The Scheme does not limit in any way rights that people have to information nor does it limit in any way access to the information the council publishes outside the Scheme.

Requesting information listed in the Scheme

The Scheme identifies where information is available:

• on a website: in some cases, a hypertext link will direct you to the information;
• by post: where this is the case, a request can be made in writing to the addresses set out in the relevant category of information;
• by telephone, when contact details are given in the Scheme.

When requesting information, please include:

• your name and address;
• the information or documents you would like to access;
• the format in which you would like them to be made available, for example:
  
  
  • printed leaflet,
  • email,
  • electronic copy on a floppy disk or CD.

Timescales

The council aims to provide information listed within the Scheme within five working days.

Charges

The council makes a wide range of printed information available at no cost. More substantial printed publications, such as Structure Plan documents, are charged for: these are clearly indicated as such in the Publication Scheme.

In some cases where information is printed off specifically to meet an enquiry, the council reserves the right to make a reasonable charge (the charge may not only be for copying but also for printing or for producing a specific analysis or map, for example). This is most likely to occur where the document size exceeds 10 pages or where multiple copies are requested.

Charges may be made for actual costs incurred, such as:

• photocopying,
• postage and packaging,
• costs directly incurred as a result of viewing information.

Charges may also be made for information provided under this scheme where they are:

• legally authorised;
• in all the circumstances, (including the general principles of the right of access to information held by public authorities), justified and are in accordance with a published schedule or schedules of fees which is readily available to the public.

If a charge is to be made, confirmation of the payment due will be given before the information is provided. Payment may also be requested before the council provides the information.

Requesting other information

• The council's policy is to make it easy for people to access to the information it holds and it tries to respond promptly to written enquiries. Under the Data Protection Act 1998, individuals may request copies of their personal data held by the council. Such requests must be answered within 40 calendar days from the date the request is received.
• Under the Education (Pupil Information) (England) Regulations 2005, access requests to pupil records must be answered within 15 school days.
• Requests made under the Environmental Information Regulations must be answered within two months.
• In other cases where no response period is set by legislation, the council aims to respond within 20 days.

Exemptions

Exemptions apply to some areas of information. Examples are:

• Section 100 (a) (4) of the Local Government Act 1972,
• Environmental Information Regulations 1992,
• Data Protection Act 1998.

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