RE: FOI request

Dear David

My understanding is, based on the guidance set out by the ICO, as follows:

There is no ‘flat rate’ fee to receive information and in many cases the information will be provided to you free of charge.

An authority can refuse a request if it estimates that it will cost them in excess of the appropriate cost limit to fulfill your request. The limit is £600 for central government and Parliament and £450 for other public authorities.

Where the limit is not exceeded, the only charges that can be passed to you are those associated with providing the information, for example photocopying and postage. These are collectively known as disbursements.

An authority may be willing to provide the information even where the cost exceeds the limit if you are willing to pay the full costs in dealing with the request. They can also decide to provide the information free of charge, despite the application of the appropriate limit if they wish.

I will check with the Council to ask what it wishes to do about charges and will advise you as soon as possible.

It is also my understanding that when making a request you can state a preference of how you want the information communicated to you. In order to clarify this I spoke to the ICO today and was advised that there is nothing in the FOI Act that compels the provider of information to reply to an address where it cannot be confirmed that you are the recipient. You can of course choose to publicise the information supplied yourself.

Regards

Joanne

 

 

 

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From: David Hopson [mailto:nunnington@gmail.com]
Sent: 12 June 2009 17:31
To: JOANNE BROWN
Cc: billbuckland; BillBuckland; bobhutton; dermotwright; jimrobertson; keithmartin; richardshrubb; stevecolwell; TrevorTupper; JOYCEGRIFFITH; martindaws-chew; PieterMontyn; PeterJones; WarrenTayler; steve@rookwoodproducts.talktalk.net; SteveColwell; TrevorLeggo
Subject: Re: FOI request

 

Without Prejudice ...

 

You may find the following links useful

 

1. http://www.ico.gov.uk/Global/faqs/freedom_of_information_act_for_the_public.aspx#fA48D7E50-37A4-44EB-8E70-FF3919B14A27 - the information commissioner's take on charging.
2. And this one from the Campaign for Freedom of Information http://www.cfoi.org.uk/pdf/foi_guide.pdf

 

And this from the Act

 

Means by which communication to be made.

11. (1) Where, on making his request for information, the applicant expresses a preference

for communication by any one or more of the following means, namely-

(a) the provision to the applicant of a copy of the information in permanent form or

in another form acceptable to the applicant,

(b) the provision to the applicant of a reasonable opportunity to inspect a record

containing the information, and

(c) the provision to the applicant of a digest or summary of the information in

permanent form or in another form acceptable to the applicant,

 

the public authority shall so far as reasonably practicable give effect to that preference.

(my emphasis)

 

 

This email has been posted to http://wwpcmailstore.blogspot.com/

2009/6/12 JOANNE BROWN <wwpc@redhouse100.freeserve.co.uk>

Dear David,

 

Thank you for your e mail.

 

The deadline for this information to be given to you is 20 working days (not 28 as I stated earlier) starting the day after the request was received, which I make 9^th July. I will therefore ensure the information requested is sent to you by this date.

 

I am not aware of anything in the Act which compels the Council to reply to a web site instead of to the applicant. I only have to be sure that the address that I use is the person making the request. As you have replied to my e mail its clear I do have the right person.

 

You have asked for a list of any paper based correspondence (including date, name of correspondent, and whether sent or received) relating or referring to the same meeting.

 

Please note no such list exists so I cannot send you it.

 

The Council is entitled to make a charge for FOI requests and I will let you know what this charge will be after discussion with the Council.

 

Regards

 

Joanne

 

 

 

 

 

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From: David Hopson [mailto:nunnington@gmail.com]
Sent: 12 June 2009 14:26
To: JOANNE BROWN
Cc: billbuckland; BillBuckland; bobhutton; dermotwright; jimrobertson; keithmartin; richardshrubb; stevecolwell; TrevorTupper; JOYCEGRIFFITH; martindaws-chew; PieterMontyn; PeterJones; WarrenTayler; steve@rookwoodproducts.talktalk.net; SteveColwell; TrevorLeggo
Subject: Re: FOI request

 

JOANNE BROWN <wwpc@redhouse100.freeserve.co.uk>

Dear Joanne

 

Please note that the request to which I believe you refer has been made in the name of David Hopson through www.whatdotheyknow.com. Responses and replies should be made to the address in the email which notified you of the request. If you do not do this, the public record will show that WWPC has failed to respond to the request. Persons making FOI requests are entitled to specify the address they wish to use for correspondence, and that address may be an email address.

 

As a vehicle through which to make requests, whatdotheyknow.com allows the public to be confident that the correspondence and information which they publish in respect of an FOI request has not been subject to modification or editing by anyone. In the current circumstances I believe it is essential that nobody should be in a position to question whether or not documentary evidence has been altered.

 

wbw

 

David

 

This email has been posted to http://wwpcmailstore.blogspot.com/

 

 

2009/6/12 JOANNE BROWN <wwpc@redhouse100.freeserve.co.uk>

Dear David

 

I acknowledge receipt of your FOI request.

 

I will collate the information you require and let you have this within the 28 day deadline.

 

Regards

 

Joanne