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Saturday 22 August 2015

Knowle relocation project: and the cost of FOI requests

The current system under the Freedom of Information Act looks as though it's going to be 'tightened up' - all of which provides context for the current FOI requests submitted asking for information from the District Council:
Futures Forum: The Freedom of Information Act and East Devon
Futures Forum: The Freedom of Information Act and East Devon  >>> the story continues
Futures Forum: The Freedom of Information Act and East Devon  >>> challenging the "presumption in favour of releasing information" >>>

More and more organisations are voicing their concern about the proposed changes to the FOI Act:
Former head of Federation of Small Businesses criticises lack of transparency in Whitehall | East Devon Watch

These same issues have been brought up in a recent piece on the Taxpayers' Alliance from the East Devon Watch site:

COST OF FREEDOM OF INFORMATION REQUESTS

14 AUGUST 2015

A correspondent – “Jane Newman” – has taken exception to the number of requests people have made to East Devon District Council under the Freedom of Information Act. She suggests that the Taxpayers Alliance might wish to investigate this.

We doubt it, Jane. This is one of the latest FoI requests from the Taxpayers Alliance to the government’s Office of Manpower Economics, asking how many artworks the government possess, where they are displayed and how much the most valuable ones are worth:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/435422/taxpayers_alliance_FOI_reply_pdf_-_June_2015.pdf

and in February of this year the organisation complained that the Freedom of Information Act lacked teeth”:

“The Freedom of Information Act is toothless in the face of a local government ‘gagging letter’ – even if it is regarding alleged wrongdoing by a senior council manager – so says a recent judgment by a First Tier Tribunal. It is not good news for anyone investigating the use or misuse of taxpayers’ money by local government.”


Does the FOI Act have enough teeth? - The TaxPayers' Alliance

So, Jane, probably not the best organisation to complain to about those pesky people who ask for information to which they believe they are entitled by law!

Though they might well be interested in Information Commissioner v East Devon District Council where the Information Commissioner had to take the council to court to get information released that should have been in the public domain. The Council spent more than £10,000 on that case, which they lost.

Oh, and the judge called EDDC “unhelpful, discourteous and misleading”.


Cost of Freedom of Information requests | East Devon Watch

The delays in that case were indeed very long - and very costly:
Futures Forum: Knowle relocation project: 'We believe this appeal could and should have been dealt with completely at the hearing in August 2014 and the decision promulgated six months ago had the Council discharged its responsibilities properly.'

Meanwhile, it appears that local authorities will not need to go through such expensive procedures in future - as they will have to disclose what was previously considered as 'commercially sensitive' material anyway:
Local Government Lawyer - Policy note issued on contracts and compliance with transparency principles
EDDC will not be able to use a blanket ”commercial confidentiality” excuse after 1 September 2015 | East Devon Watch
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