Freedom of Information

The Freedom of Information Act 2000 (FoIA):-

One of the aims of the FOI Act is that public authorities should be clear and proactive about the information they make available to the public. The FoIA is intended to encourage organisations to make more information available to the public and to develop a greater culture of transparency and openness.

Information already requested

In 2005 Carlisle City Council responded to around 150 FOI requests. All of these were completed within the legislative timescale. The link below will open a document which details the requests received in 2005, and where appropriate any exemptions used.

FOI requests received to date for the current year - since 1st January 2008.

Requests for Information

The provisions of the FoIA relating to general requests for information come into full force on the 1st January 2005 when applicants will be able to exercise their full right of access to the ALL the information Carlisle City Council holds. If you have searched the Publication Scheme and can not find what you are looking for, you can make a written request for the information.

If you require information about yourself, held by Carlisle City Council, this is dealt with under the Data Protection Act.

Re-use of Information

On 1 July 2005 the Re-use of Public Sector Information (PSI) Regulations 2005 SI 2005 No. 1515 came into force. This provides a framework for decisions by the Council on requests from people to apply to re-use information held by the Council.

Here is a list of applications already approved or declined by Carlisle City Council.

'Re-use' means using the information for a purpose other than the purpose for which the document was originally produced. This could include a commercial purpose. For more information on how the Council deals with requests to re-use information, click here.

Access Rights

Anyone will be able to make a request for information, although the request must be in a permanent form, the Council has developed a Downloadable Information Request Form to assist you with your request. You may also use our online version of this form Online form.

The FoIA gives applicants two related rights:

  • The right to be told whether the information exists
  • The right to receive the information (and where possible, in the manner requested, i.e. as a copy or summary, or the applicant may ask to inspect a record)

Carlisle City Council will have to respond to requests within 20 working days and we may charge a fee, which will be calculated according to Fees Regulations. If a fee is required it must be paid in advance and if the fee is not paid within three months then the request for information will lapse.

Any person who makes a request to the Council for information must be informed whether the Council holds that information and, subject to a number of exemptions, should be supplied with that information. In cases where information is covered by an exemption, the Council is required to consider if the public interest in maintaining the exemption in question outweighs the public interest in disclosure. The information available will be fully retrospective.

Publication Scheme

Central to the FoIA, Section 19(2) sets out the requirements for a publication scheme. A publication scheme must specify:

  • the classes of information the City Council publishes or intends to publish;
  • the manner in which they will be published;
  • whether the information is available free of charge or on payment of a fee.

Section 19(3) states that "in adopting or reviewing a publication scheme, a public authority shall have regard to the public interest in allowing public access to information held by the authority and in the publication of reasons for decisions made by the public authority".

Carlisle City Council has developed a publication scheme, which has been approved by the Information Commissioner. This document will be reviewed from time to time, and any updated versions will be available here. The last time this document was updated was 3rd February 2003.

This document is also available in hard copy from the Council's main offices at the Civic Centre, Carlisle.

Refused Access to Council Information?

Carlisle City Council aims to provide its customers with the information they request. However, sometimes the information will be withheld if it is deemed to be exempt under the FOI Act to protect confidential or other information where disclosure may not be in the public interest.

How do I appeal about the Council's failure to disclose?

We will try to resolve your complaint about the Council's decision to withhold information informally, espeacially appeals that information which should have been provided and was not provided.

If you wish to complain more formally, then you should use the Council's formal complaint route and the matter will be dealt with as a Corporate Complaint.

If you are still dissatisfied you may wish to request an independent review from the Information Commissioner. Requests for a review by the Information Commissioner should be made in writing directly to:

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 01625 545 700

Fax: 01625 545 510

(It should be noted the IC would, under normal circumstances, only review a decision if all Council procedures have been exhausted)

Your comments and feedback

We welcome comments and suggestions on how we can improve the scheme, as it is important that the scheme meets your needs.

Your comments on the following questions would help us to develop the scheme and make us more open in how we work.

  1. Did you use the Publication Scheme to try and find some specific information or were you browsing?
  2. If you were looking for some specific information/document, did the scheme help you find it?
  3. If you were just browsing, was there anything of any interest?
  4. Were the introduction and the aims clear and easy to understand?
  5. Do you have any comments about the structure and navigation of the categories of information?
  6. Would any further indexing/cross referencing be helpful?
  7. Are there any other areas of our work that you would like us to include in the Scheme?
  8. Do you have any comments about the publication scheme?

Please send your feedback or complete the Online form.

For more information please contact:

The Council's Information Officer

Telephone: 01228 817000

Fax: 01228 817009

E-mail: information@carlisle.gov.uk

Information Officer

Carlisle City Council

Civic Centre

Rickergate

Carlisle

CA3 8QG

Some detailed guidance is currently available on the Department for Constitutional Affairs web site at http://www.foi.gov.uk/guidance/index.htm

and the Information Commissioner's web site at http://www.ico.gov.uk/eventual.aspx?id=33

Page last updated - 31 March 2008

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