Overview
Freedom of Information and your responsibilities
The Freedom of Information Act 2000 (FOIA) applies to all public authorities which includes schools and Academies. All recorded information is covered no matter how old this is.
If you receive a request for information, even if this doesn't specifically mention FOIA then, subject to certain exemptions, you must:
- advise the applicant whether you hold the information requested
- communicate the information, in the format requested within 20 working days.
The exemptions are set out on the Information Commissioner's Office (ICO) website together with guidance on when it might be appropriate not to confirm or deny that information is held (e.g. where it relates to a police investigation) Guidance is also available on the ICO website on when to withhold information (e.g. where it would exceed cost/time limits, as set out in the FOIA, to gather the information requested).
Publication Scheme
Each school and public authority must maintain a publication scheme setting out details of information it will routinely make available, how the information can be obtained and whether there is any charge for it. The model scheme which must be adopted is available from the ICO website. You may be able to satisfy some FOIA requests by referring to your publication scheme.
Records Management
All schools should have in place an overall policy statement on how it manages its records, including electronic records. A Records Management Toolkit has been created to assist schools in their compliance with the FOIA. This includes a link to a model policy which your Governing Body can adopt.
Our responsibilities
We deal with an increasing number of FOIA requests, submitted via KCC, where data relating to school staff is required. Generally these requests relate to statistics for all schools or particular districts so individual schools or employees cannot be identified from the information provided. We are very careful not to release information that would breach the data protection principles and every response is authorised by KCC's Legal Services before release.
Further information
Further information on all aspects of the FOI and guidance for schools can be obtained from Kent Trust Web and the Information Commissioners websites.
For any queries about our FOI practices then please contact Karen Watson at karen.watson@kent.gov.uk. Other queries about FOI should be referred to the Access to Information Co-ordinator, Michelle Hunt, at michelle.hunt@kent.gov.uk or the Access to Records Officer, Debbie Percival, at Debbie.percival@kent.gov.uk.
Links to other sites
www.kenttrustweb.org.uk/Policy/dpfoi_freedom.cfm
www.ico.gov.uk/for_organisations/freedom_of_information_guide.aspx