Freedom of Information Act

On 1st January 2005 the access provisions of the Freedom of Information Act 2000 will come into force.

Earlier comprehensive advice from the DfES

In late October 2004 the DfES sent all schools the following comprehensive guidance.

• Freedom of Information Act 2000 - Guide for maintained schools on full implementation from January 2005.
• Freedom of Information - Checklist for action on receipt of a request for information.
• Freedom of Information - What does it mean for us? (An introductory training session).
• Freedom of Information Act 2000 - Summary guidance for governing bodies
• Records Management Society - Retention guidelines for schools

The information previously provided by the DfES is available by clicking the links above for ease of reference.

Changes to the 20 day limit in school holidays

During November the Government produced a draft Statutory Instrument that will have an impact on the time allowed for schools to respond to access requests. The Statutory Instrument states that days that are not school days will not be taken into account in calculating the 20 working day limit for providing responses. This is a very sensible amendment and recognises the difficulty schools will face otherwise in responding to requests over school holidays. The Statutory Instrument is still in draft form but the expected commencement date is 1st January 2005.

Dealing with requests for information from 1st January 2005

Schools currently deal with numerous requests for information from parents and others.

• You may receive requests for information contained within your Publication Scheme. These can be dealt with simply by advising applicants where they may obtain information already published.
• Some requests may be for personal data relating to individual pupils. These will need to be dealt with, as at present, under the Data Protection Act.
• It is important that requests for information continue to be dealt with as normal on a day-to-day operational basis. If a request is for information that you would normally supply, continue to do so and do not treat it as an access request under Freedom of Information.
• Freedom of Information access requests are likely to arise if they relate to information you hold but do not normally supply.
• Freedom of Information access requests will arise in all cases where you are minded to refuse a request for any information you hold.

Further help and advice

General advice and guidance on Freedom of Information issues will be available from the Education Department by sending an e-mail to Education FOI Requests

Legal advice on more complex access issues relating to specific requests will be provided by the Council’s Legal Services as part of the subscription service purchased by schools. Schools not in the subscription service will need to contact the alternative sources of legal advice that they currently use.