Freedom of Information
- How to make a request
- About requests for information made under the Act
- What happens when I make a request?
- What happens if the public authority doesn't understand my request?
- What does it cost?
- What happens if my request is refused?
- How many requests can I make?
- How can I use the information I receive?
- Can I ask for the information in a different format?
- Exemptions under Freedom of Information
How to make a request
The Act says that requests must
- be in writing (this includes emails)
- state clearly what information is required
- state the name of the applicant, and an address for correspondence
No proof of identity is required
Requests for Environmental Information may be made verbally.
To contact someone about making a request phone 01772 531116 or email freedomofinformation@lancashire.gov.uk
Requests for information should be sent to
Access to Information Team
Lancashire County Council
PO Box 78
County Hall
Preston
Lancashire
PR1 8XJ
or emailed to freedomofinformation@lancashire.gov.uk
About requests for information made under the Act
Anyone can request access to recorded information held by a local authority after 1st January 2005, regardless of age, nationality or location.
Any information held by a public authority is eligible for release. However, a number of exemptions may be applied to protect information properly kept confidential. Click here for further information on "exemptions".
Broadly, Freedom of Information applies to all public authorities within the following categories:
- Central and Local Government
- The health sector
- The police and armed forces
- The education sector
- Other Public Bodies in England, Wales and Northern Ireland - (Scotland is covered by its own Act)
If you write to Lancashire CountyCouncil and another public authority holds the information you seek we will consult with you about transferring the request to the appropriate public authority.
What happens when I make a request?
When a public authority receives a request for information, they must respond as soon as possible, and not later than 20 working days after receiving your request.
The public authority will consider your request, and reply. The reply should confirm or deny whether or not they hold the information, and either provide the information you requested, or explain why it has not been provided, quoting an exemption under the Act.
What does it cost?
If you are requesting information contained in an authority's publication scheme, the scheme will also give details of whether (and how much) the authority will charge for providing the information. If the information you request is covered by the Environmental Information Regulations then a charge may be applicable. If so this will be set out in a Schedule of Charges which will appear on this site soon. Environmental information may appear in the publications scheme.
If you are requesting information not contained within the publication scheme, the authority may charge you a fee, as laid down in fees regulations.
These Regulations provide that requests for which "prescribed" costs will amount to less than £450 (£600 for requests to central government) will be free of charge, although public authorities may charge for the cost of photocopying and postage etc.(known as "Disbursements" in the Regulations). Lancashire County Council has decided that where disbursements amount to less than £50 the charge will be waived. Prescribed costs are staff time taken to collate information charged at a nationally specified rate of £25 per hour.
If your request is going to incur more than £450 in prescribed costs, the public authority can refuse to answer your request, answer it for free, or charge up to and including the full cost of answering.
If you refuse to pay a properly chargeable fee, the public authority can refuse to supply the information.
What happens if my request is refused?
A request for information may only be refused by a public authority if it falls under one of the exemptions.
If your request is refused, the reply from the public authority must identify which exemption it is applying, and give you details of how to apply for an internal review of their decision to refuse.
If, after an internal review, the public authority still refuses your request, you may ask the Information Commissioner to review that decision.
How many requests can I make?
The Act does not specifically limit the number of requests you can make. However Section 14 of the Act states that a public authority can reserve the right to refuse any vexatious or repeated requests. This may include repeated requests from the same person for the same information, or requests which are intended to disrupt the authority's work.
How can I use the information I receive?
The Freedom of Information Act does not place restrictions on how the information supplied under it may be used. However, the Act does provide for exemptions for commercially sensitive information, information intended for future publication or information related to investigations, law enforcement and court records. The Act does not transfer copyright in any information supplied under it.
Can I ask for the information in a different format?
You may request that the information be supplied in any form. However, a public authority may take into account the cost of supplying the information in this form before complying with your request. In particular, you may ask for information in permanent form, in summary form, or for permission to inspect records containing the information.
It may also be possible for public authorities to supply the information in braille or audio format, in large type, or translated into another language. However, you should discuss this with the individual public authority.
Exemptions under Freedom of Information
The number preceded by an "s" refers to the section of the Freedom of Information Act which sets out the exemption in full detail
Frequently relevant to local authorities (13)
- s21 information easily accessible by other means
- s22 intended for future publication & reasonable to withhold till then
- s30 investigations etc by Public Authorities
- s31 law enforcement
- s32 court records
- s37 communications with Her Majesty the Queen, information about honours
- s38 endangering health & safety of any individual
- s39 environmental information
- s40 personal information
- s41 provided in confidence
- s42 legal professional privilege
- s43 commercial interests
- s44 disclosure prohibited
Possibly relevant to or less frequently relevant to local authorities (4)
- s23 security matters
- s24 national security
- s29 the economy
- s36 prejudicial to effective conduct of public affairs
Unlikely or never relevant to local authorities (6)
- s26 defence
- s27 international relations
- s28 relations within UK
- s33 audit functions
- s34 Parliamentary privilege
s35 Formulation of Government Policy.