Freedom of Information Act
Ryedale District Council welcomes the coming into force of the
Freedom of Information Act 2000 (FoIA). It is hoped that, through
the Act’s support for a culture of openness and accountability, it
will lead to a better public understanding of how the Council
carries out its duties, the reasons for the decisions it makes and
how it spends public money.
Under the Act
- we must have a publication scheme that sets out the information
we make available to the public as a matter of course, which is
available under Policy Documents and Legal Services in the
Downloadable Library.
- you have the right in principle to ask for any other
information held by the Council and, unless it is exempt, we must
provide it to you within twenty working days.
How to ask
- the request should be in writing (this includes email) and
include a name and address for us to send our reply; it would help
to include a telephone number
- you may ask for help in phrasing your question so that you get
the information you really want
- you may say in what format you would like the information
(photocopy, email etc) and we will oblige if we reasonably can
- if you know which section holds the information, send your
request to them; otherwise, send it to the Freedom of Information
Officer, Ryedale House, Malton, North Yorkshire, or email foi@ryedale.gov.uk
What the Council will do
- if we need more information about what you want, we will
contact you as soon as we can; the twenty working days in which to
give you the information will start once we know exactly what you
want
- if we do not hold the information, we will, if we can, transfer
your request to an authority who does hold it, and tell you what we
have done (you may tell us in advance that you do not want us to do
this); otherwise, we will let you know that we do not hold the
information
- if we hold the information and there is no reason to withhold
it, we will send it to you as soon as we can. If there is likely to
be a delay for any reason, we will let you know
- if we believe that there is a good reason why the information
should not be disclosed (see below for a list of possible reasons),
we will let you know as much as we can about how we reached our
decision
Charges for providing the
information
- we will not normally charge for finding any information;
however, the Council reserves the right, where it sees fit, to
charge as permitted under regulations issued by the Government
- we will charge the advertised fees for printed publications or
for information held on the Local Land Charges Register; otherwise,
we will not normally charge for supplying the information; however,
the Council reserves the right to charge for photocopying or
printing, according to our published list of charges
Exemptions
The FoIA allows certain types of information to be exempt from
disclosure. This is a list of those most likely to apply to a
district council,
- Information already available to the public: where the
information is available in books or magazines, particularly if
someone else publishes them, you will be expected to consult them
yourself. Information included in the Council’s publication scheme
is available in the format, and sometimes for a fee, as set out in
the scheme
- Personal information: information covered by the Data
Protection Act is only available to the subject of the information
or in the few limited circumstances permitted by law
- ‘Environmental’ information: this includes information about
contaminated land, air quality, etc. This will be made available as
required by the Environmental Information Regulations. There may be
charges for the information
- Confidential information: information subject to the law on
confidentiality will only be disclosed as permitted by such
law
- Investigations and proceedings: information held at any time
for the purpose of investigating possible offences will only be
disclosed if it is in the public interest to do so
- Law enforcement: information whose disclosure would prejudice
the prevention or detection of crime, the apprehension or
prosecution of offenders, the administration of justice, or the
collection or assessment of taxes etc, will only be disclosed if it
is in the public interest to do so
- Health and safety: where disclosure would prejudice the safety
or the physical or mental health of an individual, the information
will only be disclosed if it is in the public interest to do
so
- Legal professional privilege: legal advice will only be
disclosed if it is in the public interest to do so
- Commercial interests: trade secrets, or information whose
disclosure would prejudice anyone’s commercial interests, including
the Council’s, will only be disclosed if it is in the public
interest to do so
If you are not satisfied
If you are not happy with the way your request has been
handled, please contact,
Freedom of Information Officer
Ryedale District Council
Ryedale House
Malton
North Yorkshire
YO17 7HH
or email
foi@ryedale.gov.uk
and your complaint will be considered by an Appeal Panel.
If, after their decision, you are still not happy, you may appeal
to,
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545745
Fax: 01625 524510
e-mail: mail@dataprotection.gov.uk
website: http://www.informationcommissioner.gov.uk/