When the Freedom of Information Act 2000 became law in 2000, it did two main things:-
· from February 2003, required the Council to produce and maintain a Publication Scheme (see below); and
· from January 2005 gives people a general right of access to all types of recorded information held by this Council and other public authorities, although there are some limitations.

Right of Access to Information

The Council holds a lot of information, which is not published and not intended for publication, but the information is now accessible under the following legislation:

Freedom of Information Act (FoI) – This introduces a general right of access from 1st January 2005.  It requires us to supply the information requested within 20 working days of receiving the request, unless it falls within one or more exemptions contained in the Act.  If the Council refuses to release the information, it must give the applicant, in writing, the reasons for refusal and their right to appeal.  There are a number of exemptions and these include:

1. Information is accessible by other means or intended for future publication;
2. Investigations and proceedings;
3. law enforcement;
4. personal information
5. effective conduct of public affairs;
6. commercial interests.

Most (but not all) exemptions require a "public interest" test to be applied before a decision can be taken to withhold the information.  For exemptions with a public interest test, a request can only be refused if the public interest in not releasing the information outweighs that in releasing the information.

The Council’s policy on Freedom of Information (and accessing information generally) can be accessed here.

Further information on the FoI can be found by visiting the Department for Constitutional Affairs - People's Rights - Freedom of Information

Environmental Information Regulations (EIRs) – The Environmental Information Regulations 2004 give a right of access to information held by the Council relating to the status of the elements such as air, water and factors such as noise or waste, measures or activities affecting these, and reports on the implementation of environmental legislation.

In most cases, the Council has 20 working days to meet requests for information, although this can be extended in exceptional cases.  The timescale begins as soon as the request is received.  Any refusal to release information must be given to the applicant in writing setting out the reasons for refusal, and will include any exception(s) the Council is relying upon. The EIRs contain a number of exceptions under which the Council can refuse to supply information and the following is a summary of these:

1. the request includes personal data;
2. the Council does not hold that information requested;
3. the request is unreasonable;
4. the terms of the request are too general;
5. the material requested relates to unfinished documents or incomplete data;
6. the request involves the disclosure of internal communications;
7. the protection of the environment to which the information relates; or
8. its disclosure would adversely affect:
   1. international relations, defence, national security or public safety;
   2. the course of justice;
   3. intellectual property rights;
   4. the confidentiality of the proceedings where the law so provides;
   5. the confidentiality of commercial or industrial information where the law so provides to protect an economic interest; and
   6. the interests of the person who provided the information.

Generally speaking, the decision on releasing information will be based upon whether the public interest in not releasing the information is outweighed by the public interest in releasing it.

Data Protection Act (DPA) – The DPA gives individuals the right to ask organisations to provide them with any "personal data" that is held about them.   Data is defined as personal data under this Act if it either relates to a living individual who can be identified from that data, or from that data and other information which is in the possession of, or likely to come into the possession of the Data Controller, i.e. the Council.  Individuals have the right to know whether or not the Council holds any personal data about them and, if so, what it is.

The Council has to answer a valid request within 40 calendar days of its receipt.  In certain circumstances, the data subject has the right to prevent further processing or to order the rectification, blocking or erasure of inaccurate data and to claim compensation for damage or distress caused by a breach of the Act.

From 1 January 2005 a right of access under the Freedom of Information Act applies to all types of recorded information held by the Council regardless of the date it was created.  Similary the Environmental Information Regulations give the public a right of access to information.

Anyone will be able to make a request for information under the rights of access.  Unless the information falls under one of the specific exemptions in the Freedom of Information Act or the Environmental Information Regulations, you will be entitled, on making a request for information to the Council:

1. to be told in writing whether the Council holds information of the type you requested and, if that is the case,
2. to have the information given to you in the form you have requested, where this is possible.

How to apply for information

The Council publishes a lot of information on the decisions it takes and the reports and other information giving background to those decisions.  It is possible that the information you seek may already be published and we suggest that, before making a request, you should check whether  we already publish the information you want.  You can do this by looking at the Classes of Information in our Publication Scheme (see below).

If you cannot find what you want please write or e-mail to:

1. Access to Information Requests
   Democratic Services Unit
   Council Offices
   Granville Street
   SKIPTON
   North Yorkshire.  BD23 1PS
   
2. Fax number: 01756 706257
   
3. E-mail address: accesstoinfo@cravendc.gov.uk
4. or access a copy of the request form here.

Making a Request

Freedom of Information Act – Requests made under the Act must be made to the Democratic Services Unit in writing (for example, letter, fax or e-mail to the above address).  The request must include the name of the applicant, an address for correspondence and a clear description of the information requested; a telephone number where you can be reached during the day would be helpful also.

(Note:  Under the Act, no charges may be made for time spent by the Council in considering whether information can be released.  If a fee is charged, the limit of 20 working days will be extended by up to 3 months until the fee is paid.)

Environmental Information Regulations – EIR requests may be made in any manner, including verbal requests over the telephone.  You are asked to make written requests in a similar way to those under FoI.

Data Protection – Subject access requests for personal data held by the Council about yourself should be sent to Paul Edwards, Information Services Manager, Town Hall, SKIPTON, North Yorkshire.  BD23 1AH.  A fee of £10 and two forms of identification are required for each request made.

How We will Handle Requests

Freedom of Information Act – If your enquiry is routine and clear then you will usually receive a response within 20 working days of the request being received.  If the information cannot be provided in that time, you will receive a letter outlining the reasons.  If your request needs clarification or we have to collect information from a number of sources, you will be contacted.

Generally speaking, there will be no fee for finding the information.  Tthe only charge will be to cover copying and postage where there is a volume of work.  A fee will only be charged where the cost of finding the information is greater than £450 (estimated as 2½ days searching time).  (Note:  The rules say we have to estimate costs for locating, retrieving and extracting information at the rate of £25 per person per hour.) 

If the information requested is already published then you will be notified of this and how to obtain it.

Environmental Information Regulations – Requests made under the EIRs will be handled under the same procedure as requests made under FoI. 

Data Protection Act – When a request comes in the Council will carry out a search of all relevant records.  Information will be collected, third party references checked and summaries or copies arranged within the 40-day deadline for responding to requests.

Complaints and Appeals

The Act sets a time limit of 20 working days for dealing with an FoI request.  If you are dissatisfied with a decision we have made, or with our handling of a complaint you should write to:

Strategic Manager,Legal and Democratic Services  
Council Offices
Granville Street
SKIPTON
North Yorkshire 
BD23 1PS.

If you are still dissatisfied after you have completed the Council’s appeal procedure you can apply to the Information Commissioner, who is responsible for administering and enforcing the legislation, for a decision as to whether the Council dealt with your request in accordance with the law.

Contact details are as follows:  
        Information Commissioner
        Wycliffe House
        Water Lane
        Wilmslow
        Cheshire 
        SK9 5AF
      
Website : www.ico.gov.uk

Publication Scheme

The Freedom of Information Act requires all public authorities, including Craven District Council and the Parish Councils in the District, to produce and maintain a Publication Scheme.  This Scheme can be accessed here and specifies:

1. the classes of information that the Council publishes or intends to publish;
2. the manner in which the information is or is intended to be published;
3. the contact point (telephone number and e-mail); and
4. whether the material is or is intended to be made available to the public free of charge or on payment of a fee.

The purpose of the Publication Scheme is to identify published information, which is or will be readily available to the public, that is you don’t need to request it under the Freedom of Information Act or Environmental Information Regulations.