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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/
           
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Ryedale District Council, Ryedale House, Malton, North Yorkshire, YO17 7HH, Tel: (01653) 600666, Fax (01653) 696801, Email: enquiries@ryedale.gov.uk