The Information Commissioner has issued practice recommendations to 9 local authorities and one combined authority due to their failure to publish Freedom of Information compliance statistics as required of public authorities of their size under parts 8.5 and 8.6 of s45 of the Freedom of Information Code of Practice.
This list of councils is:
- Trafford Metropolitan Borough Council
- South Ribble Borough Council
- Rochdale Metropolitan Borough Council
- Pendle Borough Council
- Hyndburn Borough Council
- Chorley Borough Council
- Cheshire West and Chester Council
- Cheshire East Council
- Bolton Metropolitan Borough Council
- Greater Manchester Combined Authority
In each case, the ICO said that the councils had not proactively published up to date performance statistics and recommended that they should publish such details and make them easily accessible om their websites.
The ICO also recommended that the councils named should refer to its guidance How to report on your performance on handling requests for information under FOIA 2000 and use the templates contained within the guidance if necessary.
According to the guidance, public authorities should record and publish the following key data on FOI compliance:
- Total requests received
- Total open requests
- Total of open requests with permitted extensions – public interest test
- Total of open requests with permitted extensions – complex and voluminous
- Total requests closed
- Total requests closed within statutory timescale
- Total requests closed with a permitted extension
- Total requests closed outside statutory timescale
- Total closed requests where information was granted in full
- Total closed requests where information was withheld in full
- Total closed requests where information was partially provided
- Total internal reviews received
- Total requests with a stopped clock for clarification
- Total requests with a paused clock for fees notice
Additionally, authorities subject to part 8.5 of s45 of the Freedom of Information Code of Practice should also record and publish:
- Their Compliance rate
- Total FOI requests received
- Total EIR requests received
- Total of overdue requests
- Total of overdue requests over one month old
- Total of overdue requests over three months old
- Total of overdue requests over six months old
- Total of overdue requests over nine months old
- Total of overdue requests over one year old
- Exemptions and exceptions applied
- Total closed requests where information was withheld under the provision at section 12
- Total closed requests where information was withheld under the provision at section 14
- Total internal reviews closed
- Total internal reviews closed within code of practice and statutory timescales
- Total internal reviews closed outside code of practice and statutory timescales
- Total internal reviews closed and upheld in full
- Total internal reviews closed and partially upheld
- Total internal reviews closed and overturned
- Total internal reviews open
Part 8.6 of s45 of the Freedom of Information Code of Practice stipulates that such FOI statistics should be published quarterly.
