The Freedom of Information Act 2000 has introduced new rights of access to information held by public bodies. The legislation is designed to promote greater transparency and openness throughout the public sector. The Office of the Information Commissioner is the enforcing body. Members of the general public can request, and expect to receive, information held by the public body (subject to any exemptions and restrictions imposed by the Act). Oldham Metropolitan Borough Council is a public body and is therefore subject to the Freedom of Information Act 2000.
You can read the Council's progress report here information-governance-annual-report-2006.pdf
The Council is committed to the implementing the provisions of the Freedom of Information Act (2000) and related legislation. This applies to all information the Council holds regardless of how it was created or received. It applies no matter what media the information is stored in and whether the information may be on paper or held electronically.
The Council will offer advice and assistance to anybody who wishes to make a request. Repeated or vexatious requests for information will be refused. The Council will claim exemptions as appropriate whilst maintaining a commitment to openness, scrutiny and the public interest. The Council will put in place an appropriate procedure for measuring the public interest when considering an exemption which requires such a test.
The Council reserves the right to charge for information requests in accordance with statutory guidelines and its procedures.
The Council is under a legal duty to protect personal data under the Data Protection Act (1998). The Council will carefully consider its responsibilities under the Data Protection Act before releasing personal data about living individuals, including current and former officers, members, and users of our services.
The Act comes into force in two stages:
The Publication Scheme: From February 2003 Oldham Metropolitan Borough Council was required to adopt and maintain a publication scheme setting out the classes of information that it publishes on intends to publish, the manner in which it is published or intended to be published and whether the information is free or a charge is to be made.
The Right to Know: From January 2005 any person who makes a request to a public body for information has the right to know whether or not the public body hold s the information and subject to any exemptions, be supplied with that information. There may be a charge for the provision of the information.
What is a Publications Scheme?
Oldham Council's Freedom of Information Publication Scheme is available here. (PDF 138Kb)
Alternatively you can see the Council's Publication Scheme at any local library or at the One Stop Shop, Civic Centre, Oldham Telephone 0161 770 4747
How do I request information?
If the information is not listed in the publication scheme and not already accessible by other means then you need to make your request in accordance with the Freedom of Information Act 2000 guidelines.
Under the Freedom of Information Act 2000 you do not need to state a reason for your request nor do you have to refer to the Freedom of Information Act 2000. It would be helpful for us however, if you could be as specific as possible in your request so as to enable us to find the information you require. You do need to place your request in writing (this includes e-mail) and provide us with a reply address for correspondence and it would be helpful if you advised us of any special requirements needed in order to make the information accessible to you, e.g. braille, translated, etc. We have to let you know whether or not we hold the information and provide you with the information (subject to fee and exemptions) within 20 working days, (this time can be extended in specific circumstances). It is recognised that requests for environmental information do not need to be in writing and are subject to exemptions under the Environment Information Regulations.
Is there a charge for information?
For information included in the Publication Scheme we reserve the right to make any charges in relation to any significant amounts of work or copying are involved. For information requested outside of the Publication Scheme any charges will be calculated in accordance with the Freedom of Information Act 2000 fees regulations.
Can I see all information held by Oldham Metropolitan Borough Council?
No, because certain information is exempted by the Freedom of Information Act 2000, The Data Protection Act 1998, and the Local Government Act 1972 for example:
There are other restrictions on the provision of information relating to health and safety, legal professional privilege, court orders and national security.
In some cases where an exemption applies the Council may apply a Public Interest Test. This involves considering whether the public interest is better served in disclosing or withholding the information.
If you need further information about your rights under the Freedom of Information Act 2000, please contact the Office of the Information Commissioners:
The Information Commissioner
Wycliffe House
Water
Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
Fax: 01625 524 510
www:
www.informationcommissioner.gov.uk
If you have any
Please contact the Council’s Information Manager on 0161 770 4827, e-mail information.manager@oldham.gov.uk.