Canterbury Christ Church University

Freedom of Information Act 2000: Questions and Answers

Who can I contact within the University if I have query about Freedom of Information?

Any query about the Act can be directed to Robert Melville, Assistant University Secretary. The contact details are: (extension 2281).

What is the Freedom of Information Act (FOIA)?

The FOIA establishes two rights of access to information:

  • the right to be informed in writing whether the public authority holds the information requested; and
  • if that is the case, the right to have that information communicated to the enquirer.

What is the distinction between the Data Protection Act and the Freedom of Information Act (FOIA)?

It is important to distinguish requests made by individuals under the Data ProtectionAct from those made under the FOIA. If an individual wishes toaccess information we hold that specifically refers to them, this constitutes a Subject Access Requestunder the Data Protection Act. Such enquiries should usually be referred straight tothe Assistant University Secretary, though if the request is for a limited amount of information easilyavailable to you (e.g. a specified document held in your files) you should provide it without referring the matter further.

If an individual requests information about the University and its activities, or any othermaterial held in our records, this is a Freedom of Information request. If it is not possible to tellexactly what sort of request is being made, or a request appears to cover elements of both personaland corporate information, such enquiries should be referred to your line manager orsupervisor who may wish to take advice from the University Solicitor or Assistant University Secretary.

Which type of organizations are subject to FOIA?

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 (including the University)
  • other public bodies in England, Wales and Northern Ireland

Who can request information?

Anyone can request information under FOIA, regardless of age, nationality or location.

What information is covered by FOIA?

Any information held by the Universityis eligible for release. The right of access applies to information recorded in any form. This includes:

  • information held electronically (such as on a laptop computer or an electronic system);
  • information recorded on paper (such as a letter, memorandum or papers in a file)
  • sound and video recordings (such as a CD or video tape);
  • notes that have been written in the margins of a document, note pad or post-it note.

These new rights of access are legally enforceable. FOIA is fully retrospective and these rights therefore apply to all information, no matter how recent or how old.

What is a Publication Scheme?

All public authorities are required to produce, maintain, and disclose information in accordance with a Publication Scheme.

The Publication Scheme recordsthetype of information that the University will make available proactively. The Scheme follows the model set out by the Information Commissioner.

A Publication Scheme is not just a list of documents the University publishes. Rather than specifying individual documents, it describes 'classes' or 'kinds' of information. It may also prescribe a charge for providing the information.

The Universitymaintains a Publication Schemesetting out the information available without being asked. This is available on the University’s website at:

The University includes links to key documents to make the Publication Scheme as user friendly as possible.

The Publication Scheme is reviewed periodically.

How can an individual make a request?

FOIA requires that all requests:

  • are in writing (but this can include e-mails)
  • state clearly what information is required
  • state the name of the applicant, and an address for correspondence

The request does not have to refer to ‘the Freedom of Information Act’. Therefore, all requests for information need treating as though they are requests for information under FOIA.

What has to be supplied?

FOIA entitles individuals to have access to information, not to documents. It may often be the case the easiest way to provide the information is to supply a copy of the relevant document, since a document may contain the information requested. However, it may also contain a great deal of other information, and it is only necessary to supply the information requested.

What happens when an individual makes a request?

On receiving a request, it is necessaryto respond as soon as possible, and not later than20 working days after receiving the request.

The reply has to confirm or deny whether he Universityholds the information, and either provide the information requested, or explain why it has not been provided, quoting an exemption under FOIA.

How should the recipient deal with a request?

The overwhelming number of requests for information may be able to be dealt with straightforwardly as simple administrative decisions, either because it is clear that the information sought can and must be disclosed, or because it cannot or must not be disclosed.

There will be other situations when it is not clear which category a request falls into, or where a request requires more complex or sensitive handling for other reasons. These should be referred to the Head of Department or Senior Management Team member as appropriate.

Advice on these matters is available from the University Secretary or Assistant University Secretary.

What happens if the recipient of a request does not understand the request?

Under FOIA, the University has a duty to advise and assist requesters.

If the recipient of the request in theUniversitydoes not understand the request, there is a need to contact the enquirer to clarify what it is required.

What happens if the recipient of a request wishes to refuse the request?

There are 23 exemptions from the rights of access under FOIA. These exemptions mark out the limits of the right of access to information under FOIA. If information is properly exempt then there is no right of access to it under FOIA.

Most of the exemptions relate to governmental functions, but FOIA provides for exemptions for

  • Information accessible to the applicant by other means
  • Information intended for future publication
  • Prejudice to the effective conduct of public affairs
  • Personal information
  • Information provided in confidence
  • Commercially sensitive information

Most exemptions are ‘qualified’, and subject to a public interest test. It is not sufficient to establish the information falls within the terms of a qualified exemption. It is also necessary to consider whether the public interest nevertheless requires that the information should be released. The issue is: Does the public interest in withholding the information outweigh the public interest in disclosing the information?

Before applying one of these exemptions, advice should be sought from either the University Solicitor or the Assistant University Secretary.

What does it cost?

If the request is for information in the University’s Publication Scheme, the Scheme gives details of whether (and how much) will be charged for providing the information.

If the request for information is not contained within the Publication Scheme, there is no charge for providing the information if the cost to Universityof providing that information does not exceed £450.Such costs are calculated at £25 per hour per person regardless of the actual cost or rate of pay, which means that the limit will be exceeded if these activities exceed 18 hours. This means that except in very rare circumstances there will be no charge to the person making the request.

A charge may be made for photocopying and postage.However, in most instances, the information is likely to be available electronically, and those requesting the information may be willing to receive the information as an email attachment.

The University will not make any charge where the cost is £10 or less.

The application of the Fees Charging Policy is set out in Freedom of Information: Fees Charges.

What happens if the request is refused?

Anyone whose request for information is refused or ignored has the right to ask the University to review that decision. The procedures for requesting a review are set out in Procedures for Appeals and Complaints Relating to Information Access and Handling.

Penalties can be applied to public authorities and individuals who withhold information from the public without good reason.

A request for information may only be refused if it falls under one of the exemptions.

If the request is refused, the reply must identify which exemption it is applying, and give details of how to apply for an internal review of the decision to refuse.

If, after an internal review, the Universitystill refuses the request, the enquirer may ask the Information Commissionerto review that decision.

How many requests can an individual make?

FOIA does not specifically limit the number of requests an individiual can make. The University 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 intended to disrupt the University’s work.

A vexatious request is determined by the information requested, not the person making the request. An individual cannot be classified as a vexatious requestor. An individual can make as many requests for information asthe person wishes, and cannot be labelled as vexatious; each request must be determined on a case-by-case basis. If a request is not genuinelyseeking access information, but is aimed at disrupting the University’s work, or harassing individuals in it, then it may well be vexatious.

Repeated requests If the University previously complied with a request that was made by a person, there is no need to comply with a repeated request from the same person unless a reasonable period has elapsed between compliance with the first request and receipt of the second.

How can the information received be used?

FOIA does not place restrictions on how information supplied under it may be used.

However, FOIA does not transfer copyright in any information supplied under it.

Can the information be requested in a different format?

An individual may request that the information be supplied in any form. However, the University may take into account the cost of supplying the information in this form before complying with the request. In particular, an individual may ask for information in permanent form, in summary form, or for permission to inspect records containing the information.

Is there further guidance available?

Freedom of Information: Guide to Handling Requests is available to assist staff in addressing a request for information.

Document History

Version 1.0 / Guide prepared by Assistant University Secretary / 17 January 2005
Version 1.1 / Amended Guide prepared by Assistant University Secretary to take account of title change / 1 September 2005
Version 1.2 / Amended Guide prepared by Assistant University Secretary / 16 March 2009

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