mySociety blog » WhatDoTheyKnow

MPs are about to review the first five years of the operation of the Freedom of Information Act 2000. We’d like to encourage users of mySociety’s Freedom of Information website WhatDoTheyKnow.com to share their views and experiences with the MPs who are to carry out the review.

The review is being conducted by the House of Commons’ Justice Select Committee.

The committee is currently inviting people to make submissions to it. The deadline for submissions is Friday 3 February 2012.

A memorandum from the Ministry of Justice has been prepared to brief the committee, that document notes, in paragraph 67:

Very little research has been published detailing the views of requesters of information.

Particularly in-light of this we thought it would be worthwhile alerting our users to this review; if we could encourage our users to make submissions to the committee that might help ensure they receive balanced evidence: from outside, as well as within, the public sector.

While the committee is interested in any comments on the act’s operation, specific questions the committee has asked for comment on are:

• Does the Freedom of Information Act work effectively?
• What are the strengths and weaknesses of the Freedom of Information Act?
• Is the Freedom of Information Act operating in the way that it was intended to?

Responses can be emailed to: justicecommemo@parliament.uk

Details of how responses should be formatted and technical details relating to submission are available on the webpage announcing the call for submissions.

Image by Adam Tinworth

Some time in the middle of last night, our Freedom of Information site WhatDoTheyKnow.com was used to send its 100,000th FOI request. It was a simple one, made to the Queen Victoria Hospital NHS Foundation Trust.

WhatDoTheyKnow was launched in February 2008, with these aims: to make it easy to file a FOI request, and to keep a public archive of the requests and (more importantly) the responses received from public bodies. The Freedom of Information Act had been in force since 2005, but we wanted to make it fully accessible to people who were not journalists, lobbyists or professional operatives – it is a law that gives us all a right, not just those experts.

At base, mySociety is about giving people power to people who don’t believe that they have any way of affecting the world around them. Giving practical access to the right enshrined in this Act was and is a meaningful way of advancing that goal.

Then, thanks to a flash of inspiration from our late colleague Chris, we saw a great opportunity to increase the value created by the existence of the Act: we built a system that published the entire exchange of messages between users and public bodies online.

We believe that because of this decision to publish all exchanges with public bodies, WhatDoTheyKnow represents a very unusual phenomenon: a third-party web site that takes an existing piece of legislation and makes it better value for money for the taxpayer. Public money was already being spent answering FOI, but by running WhatDoTheyKnow we could magnify the value generated by each request by making it public, without requiring anyone who worked in a public sector to retrain, buy a new computer system or spend any new money.

And this theory turned out to be right. For every request made on the site, around twenty people come to read materials contained on WhatDoTheyKnow. The multiplier is remarkable, and one of the things that we think is most worth celebrating about this site.

WhatDoTheyKnow’s success is only possible because of a team of fantastically dedicated volunteers. These loyal enthusiasts have helped countless users, and do a simply amazing amount of maintenance work to keep the site friendly, helpful and effective. They are astonishingly talented, principled and knowledgeable, and mySociety owes them a debt of gratitude it will never really be able to pay back.

However, to give them a bit of the credit they deserve, and to highlight some of the countless uses of WhatDoTheyknow, we asked them to pick out some notable requests from the last four years.

Helen “The use of the site by campaign groups like the Campaign for Better Transport to find out about bus subsidy cuts as part of their save our buses campaign.”

John “There was the accidental release of how tax is applied to the Royal Family – which resulted in a Daily Mail front page story.”

Alex “This request about the Warmfront boiler installation scheme has a significant number of annotations. What makes it different is that the user patiently persisted with her original FOI requests, and then has carried on by continuing to help loads more people with details of how to complain and lobby for help and general warm encouragement.”

WhatDoTheyKnow is one of mySociety’s most visited sites, with one and a half million unique visitors in 2011. Like our other projects, it was built as an open source project. Thanks to the Open Society Foundation, we are in the process of making it much easier to re-deploy around the world, under the brand name ‘Alaveteli’.  As we speak, there are sites based on our code in places as far apart as New Zealand, Kosovo, Brazil, and the EU, and we’re looking forward to helping people from around the world create more grandchild sites in the years ahead.

Our 100,000 request milestone comes at an interesting time for the Freedom of Information Act. It’s currently under scrutiny by the Justice Select Committee, who are investigating whether it works effectively and in the way that it was intended.

As you might expect, at mySociety, we’re passionate about the right to information. We’ll be submitting evidence to the Justice Select Committee to show just how vital FOI is to good government and a good society. If FOI has touched your life, you might want to do the same.

December 23rd

Santa's Chocolate Coin Mint by Johnathan_W

If you haven’t got a penny,

A ha’penny will do,

If you haven’t got a ha’penny,

Then God bless you.

We wish you all a merry and prosperous Christmas – and for those of you who are already feeling quite prosperous enough, may we point you in the direction of our charitable donations page?

mySociety’s work is made possible by donations of all sizes and from all sorts of people. Those donations help fund all the online projects we create; projects that give easy access to your civic and democratic rights. If that’s important to you, show your appreciation, and we promise we’ll make the best use of every penny.

Thank you for sticking with us through this month-long post. We hope you’ve found it interesting and we wish you the very merriest of Christmases.

We hope you’ll continue to follow us on Twitter, Facebook, or Google+ – see our Contacts page to find individual projects’ social media links.

December 22nd

Santa Watching by LadyDragonflyCC

What’s behind the door? A letter to Santa.

Dear Santa,

We think we’ve been pretty good this year. We’ve tried to keep our local neighbourhood clean, help with problems, and aid those in need, so we’re hoping there are a few presents coming our way.

If you can fit them down the chimney, here’s what we’re dreaming of:

More publicly available data Of course, we were delighted to hear in Mr Osborne’s autumn statement that all sorts of previously-inaccessible data will be opened up.

We’re wondering whether this new era will also answer any of our FixMyStreet geodata wishes. Santa, if you could allocate an elf to this one, we’d be ever so pleased.

Globalisation …in the nicest possible way, of course. This year has seen us work in places previously untouched by the hand of mySociety, including Kenya and the Philippines. And we continue to give help to those who wish to replicate our projects in their own countries, from FixMyStreet in Norway to WhatDoTheyKnow in Germany.

Santa, please could you fix it for us to continue working with dedicated and motivated people all around the world?

A mySociety Masters degree We’re lucky enough to have a team of talented and knowledgeable developers, and we hope we will be recruiting more in the coming year. It’s not always an easy task to find the kind of people we need – after all, mySociety is not your average workplace – so we’ve come to the conclusion that it’s probably easiest to make our own.

Back in February, Tom started thinking about a Masters in Public Technology. It’s still something we’re very much hoping for. Santa, is it true you have friends in academic circles?

FixMyTransport buy-in - from everyone! Regular users of FixMyTransport will have noticed that there are different kinds of response from the transport operators: lovely, fulsome, helpful ones, and formulaic ones. Or, worse still, complete refusal to engage.

Santa, if you get the chance, please could you tell the operators a little secret? Just tell them what those savvier ones already know – that FixMyTransport represents a chance to show off some fantastic customer service. And with 25,000 visitors to the site every week, that message is soon spread far and wide.

(more…)

The Ministry of Justice have just published their latest quarterly statistics on the handling of Freedom of Information requests by central government bodies.  We’ve crunched the numbers to compare them to the requests made using WhatDoTheyKnow.com

The graph shows our share of FOI requests sent to central Departments of State jumped to 14.6% in the 1st quarter of 2011.

This time round, the top 3 departments were:

1. Home Office (which includes the UK Border Agency, CRB & Identity & Passport Service) – 254 requests out of 866 – 29%
2. Department for Education – 81 requests out of 328 – 25%
3. Department for Communities and Local Government – 59 requests out of 250 – 24%

Many of the WhatDoTheyKnow users contacting the Home Office & UK Border Agency are trying to find out information about their own immigration case.  We regularly receive emails from applicants asking for help, as they have often been waiting months (or even years in some cases) for an official update to their case, often with the UKBA holding on to identity documents or passport.  Applicants then feel they have to resort to making FOI requests. Many of these are auto-replied by this standard FAQ, and applicants don’t receive a personal answer.  The large 29% share of all Home Office requests suggests that the normal contact methods to keep people updated aren’t working or even that their service is simply struggling with demand.  It’s also likely that they don’t consider these types of requests as formal FOI requests, so it is worth noting that we are likely to be slightly overstating the percentage share figures.

Free schools were a popular topic for the Department of Education – 9 out of 81 requests were on this subject, and nearly all were refused on the basis that information would be published at some unspecified date in the future.

To understand the limitations of the data analysis, please see here.

One interesting trend that has been consistently seen is that FOI requests are more frequent in odd-numbered quarters compared to even ones – if you have any ideas why this may be the case, please add them to the comments!

Member of the National Secular Society Robert Christian used mySociety’s Freedom of Information site, WhatDoTheyKnow to ask all 227 English NHS “provider” Trusts about how much they spend on chaplaincy.

On the 28th of February 2011 the results of his research were published in an article on the National Secular Society website (full report [PDF]). He found that £29m of NHS funds were used to pay chaplains in 2009/10 and also observed a wide variation in the amount, as a fraction of total spend, that specific trusts were spending on chaplaincy.

The publication of the research prompted a number of articles in the UK media. eg. (Daily Mail, The Independent, The Mirror).

Mr Christian has commented:

“To have identified the right FOI contact for every provider NHS Trust in England would have been daunting if not impossible. I doubt that my study would ever have got off the ground without WDTK. I particularly valued the way that the site tracks which Trust has and has not yet responded. I liked the capability to thank each FOI lead after they had responded.”

The fact that making requests via WhatDoTheyKnow allowed Mr Christian to cite the source of his raw data was important to him. He added:

“The transparency of the raw data is, I think, one of the main strengths of the WDTK website for three reasons. First, I was able to hyperlink every piece of data back to its source – and that meant that it was easy for colleagues from the NSS to check the accuracy of the data (with so many Trusts a transcription error was always a possibility). Second, it ensured that if anyone had wanted to challenge the accuracy of the data they could be directed to see that the study was simply quoting the Trusts’ own information. Third, it means that the data is there for future reference to see if there are any changes over the coming years.”

mySociety and WhatDoTheyKnow are non-partisan and don’t get involved in campaigning except in specific areas relating to openness and transparency. We take no view on issues such as how much, if anything, the NHS ought be paying for chaplaincy. However we welcome campaign groups making use of our services.

Bulk Requests

WhatDoTheyKnow currently has around 2-4 “bulk requests” per month made via its site. At the moment we don’t provide any mechanism to make bulk requests automatically. We are considering adding such a system, for requests which have been sanity checked by the WhatDoTheyKnow team. The provision of such a system would probably be associated with a mechanism for preventing other “bulk requests” from being made without the site administrators’ explicit approval.

Making the requests is only a small part of the work involved in a study such as that carried out by Mr Christian. Chasing public bodies for responses, as well as collating and analysing the information released is likely to be much more time consuming than submitting the requests themselves. This is something Mr Christian agrees with, stating:

“If enquirers are not prepared to individually contact each organisation to ask the question, I would doubt their commitment to retrieve and analyse the information (as that is actually a much bigger task)”.

Clearly any facility for enabling requests to be made in bulk will have to incorporate safeguards to ensure responsible use.

Whereas Mr Christian has been happy to conduct his research in public, and still been able to generate media coverage following publication, we are aware that many campaign groups, and others such as journalists, like to make Freedom of Information requests in private.

Mr Christian has commented on the issue of “scoops” and the effect of conducting his research in public:

“The question of ‘scoops’ is an issue for journalists and in fact this problem did happen in this case. Someone appears to have trawled the WDTK know site and noticed what I was doing. A short piece was run by the Daily Express before we completed and published the study. So clearly this might be an issue. But the risk of a spoiler being run will tend to be low when the number of organisations being contacted is large. This is because the amount of work needed to collate and analyse the data is enormous and so casual trawling will show only that a question is being asked – not what the conclusions are.”

In order to get as great a fraction of the total number of FOI responses available on WhatDoTheyKnow we have also been considering an option for making requests in private, for a fee. The idea would be that once the findings were published then the FOI response could be opened up to the public providing access to the source material backing up the story.

Any views on our ideas for the future and on the way WhatDoTheyKnow has been used for this, and similar, research would be welcome in the comments below.

The Government is currently proposing to reform the UK’s defamation laws. The WhatDoTheyKnow.com team has responded to the consultation on a Draft Defamation Bill currently being run by the Ministry of Justice.

The bill proposes extending and clarifying the list of types of material subject to “privilege” ie. which can be published without fear of being sued for defamation. “Matter published by or on the authority of a government or legislature anywhere in the world” is already covered but we have been advised that might not extend to all Freedom of Information responses; if it does or not is something which is yet to be tested in court.

We are asking for the law to be clarified and for “privilege” to be extended to a fair and accurate report or summary of, copy of or extract from material released by public bodies. The proposed new provision would enable the republication of Freedom of Information responses from public bodies without fear of libel action. Such a provision would clearly be of value to services such as WhatDoTheyKnow.com. It would also allow campaigners, journalists and others working with such material more freedom from legal threats and uncertainty; as such this addition would appear to be in-line with the coalition’s stated aims of their amendments to libel law.

We would rather see Parliament explicitly clarify the law rather than see a journalist, campaigner or website operator be subjected to an expensive and time consuming legal action.

Additional suggestions

We have also suggested:

• That the principle that any governmental body should be open to uninhibited public criticism, and therefore should not be able to use or threaten use defamation law to quash critics ought be extended to apply to all public bodies and those, such as contractors, acting on behalf of public bodies.
• That merely pointing to defamatory material, through the provision of a weblink, ought not in itsself be actionable where there is no express endorsement of the defamatory material along with the link.

The full consultation response can be read online at FOIWiki

Earlier today the Department for Education, which is headed by Education Secretary Michael Gove, wrote to WhatDoTheyKnow to let us know that the main email address they use to receive FOI requests is to be phased out. They would prefer the public to make their FOI requests via the contact form on their own website instead or even by post. We believe that this approach is contrary to the spirit of the law and principles of Freedom of Information.

The message we received stated:

We changed the way that people contact our department last year, encouraging customers to go to our website to find what they are looking for and submit an enquiry via our contact us page (www.education.gov.uk/contactus) if they could not locate information.

The [main FOI] mailbox that your system points to ([email]) will eventually be phased out and I would be grateful if you could advise customers using your website to refer to www.education.gov.uk/contactus if they need to contact the Department.

We certainly agree that people should check whether the information they are looking for is already available before submitting a FOI request — and indeed we already prompt all users of WhatDoTheyKnow to do so, not just for the Department of Education, but for every public authority we list.

When requests are submitted through WhatDoTheyKnow responses are automatically published ensuring a lot more information ends up online and publicly accessible than when submitted privately. If the Department for Education wants to reduce the amount of correspondence it gets in relation to already published material it should be encouraging people to make their FOI requests via WhatDoTheyKnow. Already, based on Ministry of Justice statistics, we calculate around 10% of all Freedom of Information requests to the Department of Education are made via our service.

We have asked the department to let us know which alternative email address they would prefer us to forward FOI requests to, and we await their reply. We are happy to use whichever email address is easiest for a public body.

We have also made clear that we will continue to offer our users the ability to make requests to the Department of Education via our site and will not be removing that facility and directing people to the department’s contact form as we were asked. Forms often include unnecessary mandatory fields that the FOI legislation does not require (in the DfE’s case they ask what kind of a requester you are, making you specifically type in “prefer not to say” into an “Other” box if you want to opt out).

The law rejects the idea that public bodies are allowed to erect artificial barriers like this, and we have noted that a FOI request is valid regardless of which email address or member of staff within an organisation it is sent to.

I recently found these requests by James Muldoon covering FOI statistics for the London Boroughs for 2009.  As we regularly carry out analysis of WhatDoTheyKnow’s percentage share of FOI requests to central Government Departments of State, I thought it would make for an interesting comparison to do the same for the 33 Metropolitan borough councils, plus the City of London.

Below is a graph of the market share for WDTK.

Overall, the share for 2009 was 8.1%.  During the year, the share did fluctuate quite a bit, and the requests on WhatDoTheyKnow were significantly lower in the 2nd quarter for some reason.

Q1: Jan-Mar 2009 – 9.4%
Q2: Apr-Jun 2009 – 5.1%
Q3: Jul-Sep 2009 – 9.5%
Q4: Oct-Dec 2009 – 8.3%

The City of Westminster has a much higher number of FOI requests compared to the other boroughs, mostly apparently due to a large motorcyclist parking campaign/protest.  73% of all requests made to Westminster via WhatDoTheyKnow in 2009 contained the words “parking”, “motorcycle” or “Verrus” (203 out of 278).

I will soon start looking for FOI statistics for Local Authorities outside London, either on WDTK, or via their disclosure logs.  The Ministry of Justice encourages Local Authorities to regularly publish statistics on their FOI data.

Data caveats

• Brent - excluded from totals & comparison as the underlying FOI request is still outstanding.  The ICO is apparently investigating.
• Camden -  Q1-2009 data excluded from totals & comparison due to partial refusal to the FOI request by Camden (FOI Act Section 12, costs of complying too high)
• Southwark - excluded from totals & comparison.  They said in their FOI response:  “due to a serious malfunction of our reporting database we have no access to the data stored centrally”.  The data has been re-requested by James to see if the malfunction has been fixed.

Today’s Sunday Times carries an article on very high salaries paid to some of those working in the “publicly funded arts world”. The article reports Antonio Pappano, the Royal Opera House’s Music Director, is paid more than £630,000 a year and is given four months a year off to carry out a second job as music director of a Rome orchestra.

While the Sunday Times’ paywall means we don’t have a direct link to their article; it appears to be based on much the same information as an article published a few days earlier by The Arts Desk.

The Sunday Times article states the Government has “expressed surprise at the sums paid” and Ed Vaizey the Culture Minister is quoted as saying:

“There really must be full transparency for all publicly funded arts bodies”.

There is also a statement from the Arts Council expressing a similar, though more limited, sentiment:

“Anybody in receipt of significant public money should be transparent about their core funding costs”.

The Arts Council, the main body which distributes public funding to the arts, is subject to the Freedom of Information Act. The Arts Council is listed on mySociety’s Freedom of Information website WhatDoTheyKnow.com which enables people to easily make requests for information in public. While the Arts Council is responsible for handing out the money, it does not necessarily know the details of how the recipient organisations spend it. The bodies which receive funds are not themselves yet subject to freedom of information law, irrespective of how much public money they receive or how dependent they are on that subsidy.

While it may take the Minister some time to legislate to ensure “full transparency for all publicly funded arts bodies” we are happy to add such bodies to our site on request right now, so our users can ask them, in public, about their activities.

As of today the following organisations are now listed on our site:

• The Royal Opera House
• The National Theatre
• English National Opera
• The Southbank Centre
• Birmingham Royal Ballet
• City of Birmingham Symphony Orchestra
• London Symphony Orchestra

We use the WhatDoTheyKnow site to actively campaign for expansion of Freedom of Information to cover more public organisations. We list a number of bodies not formally subject to FOI some of which are present on the grounds they are substantially publicly funded.

For some time we have listed the British Board of Film Classification, a key arts regulatory body which is not subject to freedom of information law, and the British Film Institute; the latter two bodies are funded by the DCMS directly so Minister Ed Vaizey may well be able to get them to voluntarily comply with FOI legislation first thing on Monday morning.

A particular set of arts funding bodies which some of our users have made us aware they would like to see subject to the act are the UK Screen Agencies (eg. Film Agency Wales) which distribute public funds to the film culture sector.

Please contact the WhatDoTheyKnow team if you have any suggestions for further bodies which you would like to see us list on our site.

A number of non-departmental government bodies / quangos have been named as being up for abolition, merger, privatisation or absorption into parent departments, as part of the Coalition Government’s Spending Review, due this autumn. This has been widely dubbed in the press as a “bonfire of the quangos“.  The list of quangos up for review is still being compiled by the government, and there have been a number of clarifications, amendments and retractions as further details come to light.

The Telegraph has obtained and published today a leaked list of 177 quangos up for abolition, plus a further 200 that are still being reviewed.

This is a great opportunity to highlight that mySociety’s Freedom of Information site WhatDoTheyKnow covers nearly all of these little-known bodies that spend public money (we currently have just over 3,800 public authorities listed on the site).  Given their impending doom, there is little time left to find out what they spent public funds on, as only their most important records will be transferred to the National Archives or successor bodies for permanent storage.  The remainder are likely to be shredded, or deleted, as only “records identified as valuable for future administrative need” are kept.

You can see our annotated list of the Telegraph’s list here - our volunteers have added links to most of the bodies’ pages on WhatDoTheyKnow, so you can more easily make your final FOI requests to them…

Please send any missing contact details to the WhatDoTheyKnow team.

In January 2007 the Information Commissioner’s Office disclosed via FOI 28 “line to take” (LTT) documents (pdf).  These are topic-based documents, produced by their Policy Team, and they are used internally by their case workers as how they interpret and apply the various sections of the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

They are mostly based on Information Tribunal rulings which have set a legal precedent, or relevant ICO decision notices, but for some topics they are based on the ICO’s own interpretations of the FOI Act, indicating how they’re likely to handle the subject matter of these complaints.

For someone looking to appeal a particular FOI decision made by a public authority (eg a refusal to provide information due to an exemption in the FOI Act), these LTTs are a very useful addition to the FOI guidance already produced by the Ministry of Justice or the ICO.  They can be used to verify whether the authority’s stance is appropriate, and allow the requester to point the authority toward how the ICO sees that particular topic, and therefore challenge a FOI decision.

Although I’m a volunteer for WhatDoTheyKnow, I occasionally make FOI requests in a personal capacity. As I only recently found the above LTTs from 2007, I therefore asked the ICO for an updated list of LTTs.  These have now been provided, and there is now a big library of 177 LTTs.  They sent them via 6 large PDF files, so I have made them available in a more structured, searchable and (hopefully) easier to use manner via FOIwiki.com which is maintained by some of the WDTK volunteers:

http://foiwiki.com/foiwiki/index.php/LTT

In addition to the master list of LTTs available via the link above, they can also be accessed in context with their associated FOI Act exemption page, eg Section 41: Information Provided In Confidence

Two items of note from the LTTs.

• They may not always be 100% up to date. E.g LTT47 (last updated in 2007) says “it should be noted that the Time for Compliance Regulations do not extend to schools in Northern Ireland” – this was fixed via legislation passed last year (SI 2009/1369)
• There are a few LTTs which set out that the ICO disagree with a particular Information Tribunal ruling, and that they would approach the complaint in a different way, e.g LTT119 or LTT168. These could present a problem with making a relevant FOI complaint

I hope you find them useful!  All comments or suggestions welcomed.

Have you used WhatDoTheyKnow to make a Freedom of Information request?

If so, you can now add your photograph to the site, and some text on your user page about what you’re researching. This can include links to your blog, campaign page or twitter feed.

To add this to your profile, first log into WhatDoTheyKnow, and go to your user page by choosing “my requests”.

There are then links to add a profile photo and/or set some text about you, and what you’re using FOI for.

I’d go and do it while I remember – it will help you and others find and understand each other, hopefully leading to that little bit more collaborative research!

The Ministry of Justice recently released the latest statistics on freedom of information implementation in central government for the first quarter of 2010.  We can use this data to roughly calculate the share of FOI requests made via mySocety’s Freedom of Information website WhatDoTheyKnow.com.

According to the Ministry of Justice 6,857 requests were made to “Departments of State” between January and March 2010, of which 707 were made via WhatDoTheyKnow – a 10% share.  Defra and DCSF had the highest percentage of WhatDoTheyKnow requests in the first quarter, at 23% and 24% respectively.  We have made the departmental breakdown of the statistics for the past two years available as a Google Spreadsheet.

Precise calculations of the percentage share are not possible, due to the way each department defines a valid request.  For example, some FOI requests to the UK Border Agency (included in Home Office data) or the FCO made via WhatDoTheyKnow would not have been counted as FOI requests, but instead as “routine requests for information”, falling outside the scope of data collection for the statistics produced by the Ministry of Justice.  In addition, requests for data readily available (i.e. exempt under Section 21 of the Freedom of Information Act) are not counted either by the MoJ, but will be included in the WhatDoTheyKnow statistics.  Overall, these form a minority of requests made by WhatDoTheyKnow, so the percentage share we quote is fairly accurate.

WDTK share of central departments’ FOI requests

The graph shows that the total numbers and percentage of requests have been fairly consistent over the past year, around 10-13%.  Share of requests increased significantly during 2008 as the site grew in popularity following its launch.

The large increase in total FOI requests between Q4 2008 and Q1 2009 may partly be due to the increased popularity of WhatDoTheyKnow and also increased visibility of Freedom of Information to the general public through more mentions of FOI law in the media.  Key stories in the press included Jack Straw’s veto against disclosure of the Iraq War Cabinet Minutes and Parliament’s aborted attempt to hide details of MPs’ Expenses. Requests made via WhatDoTheyKnow accounted for around 20% of the total increase in FOI requests.

It’s worth bearing in mind that the above graph only covers the 22 central Departments.  WhatDoTheyKnow.com lists over 3,750 authorities including local government councils, police forces, NHS Trusts, non-ministerial departments and many more, and also covers Scotland’s public authorities. There is no national monitoring of how many FOI requests are made to such bodies, or how well they perform when responding to requests.

In total, 6,565 requests were made via WDTK in the first quarter, 87% of which were to non-central Departments.  It’s unlikely that the site will ever get full coverage as the majority of FOI requests originate from companies carrying out market research, journalists, political parties and charities, most of whom prefer to make requests in private in order to maintain exclusivity over the released data.  WhatDoTheyKnow would like to include these companies in future, possibly by offering a managed FOI service on a fee basis, including an embargo period prior to the released information being made fully available on the internet – more information is available from the WhatDoTheyKnow team.

Articles based on previous statistics releases:

• Fraction of FOI Requests Made via WhatDoTheyKnow.com Increasing Fast – October 2009
• What Percentage of FOI Requests are made via WhatDoTheyKnow – July 2009

On Monday the 12th of April 2010 Parliament was formally dissolved in advance of the forthcoming general election. This has prompted some interesting, and rather bizarre, responses to the Freedom of Information requests which have been made to the House of Commons and House of Lords since dissolution. Each such request made via mySociety’s Freedom of Information website WhatDoTheyKnow.com has received a standard reply stating:

When Parliament has been dissolved there is no ‘House of Commons/Lords’ for the purposes of Part 1 of Schedule 1 to the 2000 Act, and there is therefore no ‘public authority’ to which the 20 day deadline under section 10 of the 2000 Act is capable of applying. The time limits do not, therefore, apply during the period of Dissolution.

The effect of the 2000 Act, including its time limits, resumes when the new House of Commons/Lords first meets.

Requests which were due to receive a response during the period parliament is dissolved have had their “clocks” stopped, with notices saying:

As your request was received before the House dissolved, the 20 working day time limit of your request will be split, ceasing on 12 April 2010 and resuming on 18 May 2010 when the new Parliament first meets.

As mySociety’s Freedom of Information website WhatDoTheyKnow automatically publishes requests, correspondence and responses online it’s not just the requestors who can see those responses, anyone can.

During the 2005 election according to the UK FOI blog Parliament placed a notice on its website saying it had consulted with the Information Commissioner and agreed the procedure for extending the time limit for a response.

Clearly the Houses of Parliament still have staff employed and people are still acknowledging the FOI requests. While both houses have stopped meeting, the institutions behind them must surely still be operating, and to claim they have ceased to exist is bordering on the utterly ludicrous.

Are the staff who would otherwise be in a position to respond to requests for things like viewer statistics for the Parliament Live TV stream, content of the Commons’ Intranet or cost of the Parliament Education Service not at their desks at the moment? If they are who’s employing them? Who’s paying them? While it is presumably a busy time for those staff preparing for a new intake of MPs; you might think that without MPs and Lords around it may be a quite time for many staff who might want to use the opportunity to catch up with correspondence like FOI requests. Perhaps in the midst of all this rather British oddness we should be happy that at least the parliament website hasn’t been turned off at this time of peak interest in the nation about parliament and our democratic system.

WhatDoTheyKnow already has to be aware of public holidays and follows some rather complex rules when it comes to calculating deadlines for responses however we have decided against updating the system to deal with this new and unexpected situation. We don’t think it is right that the institution of Parliament should consider itsself not to exist during an election period. We still be marking FOI requests as “late” when the twenty working day statutory time limit has expired regardless of the odd stance being taken by Parliamentary officials.

When a bit of government forwards or attaches emails using Outlook, they get sent using a special, strange Microsoft email format. Up until now, WhatDoTheyKnow couldn’t decode it. You’d just see a weird attachment on the response to your Freedom of Information request, and probably not be able to do anything with it.

Peter Collingbourne got fed up with this, and luckily for us, he can code too. He forked our source code repository, and made a nice patch in his own copy of it.

He then told us about it, and I merged his changes into the main WhatDoTheyKnow code, tested them out on my laptop, then made them live. It all work perfectly first time. Peter even added the new dependency on vpim to WhatDoTheyKnow conf/packages.

Now if you go to an Outlook attachment on WhatDoTheyKnow,
such as this one you’ll just see the files, and be able to download them, and view them as HTML as normal. They’ll also get indexed by the search (although I need to do a rebuild for that for it to work with old requests).

Thanks Peter!

If you want to have a go making an improvement to a mySociety site, you can get the code for most of them from our github repositories. For some sites, there’s an INSTALL.txt file explaining how to get a development environment set up. Let us know if you do anything – even incremental improvements to installation instructions are really useful. And new, useful, features like Peter’s are even more so.

It seems Transport for London (TfL) really didn’t want anyone to be able to get hold of their internal guidelines describing how they deal with congestion charge appeals. Now though, thanks to mySociety’s freedom of information site WhatDoTheyKnow anyone wanting to find out in what circumstances TfL will cancel a congestion charge penalty can read the document detailing TfL’s criteria themselves.

I believe there are basic principles involved here; we all ought be able to find out what the law is, both “in statue” and “in practice”; it is right that we can find out the detailed rules which are being applied to the application of the congestion charge in London. I think that this request, enabling that, has been an excellent use of the Freedom of Information Act; it also shows how using the access to information laws can redress the balance of power between the citizen and the state.

The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 (the law) describes six circumstances in which someone served with a Penalty Charge Notice relating to the London Congestion Charge can make representations against it. However in practice TfL are in-fact allowing representations on a much wider basis. Now the internal document is available it can be seen that even the detailed: “Helping you with your Congestion Charging Penalty Charge Notice” information sheet offered by TfL does not contain the full details of what is and is not accepted as a valid reason for not paying the congestion charge.

Members of the public can now find out that TfL is happy to waive the congestion charge for those who are travelling “to register a death or travelling to hospital due to death of relative”, as long as proof of the death is provided, but not for someone who is “travelling to attend a funeral”. The document also suggests TfL won’t waive the charge if your vehicle has a breakdown and is recovered while the charge is operational; but the charge will be waived if, as a result of being clamped by a local authority, you have to collect your car from within the zone. Reassurance that TfL won’t pursue you for your congestion charge after you’re dead (assuming someone proves you’re really dead to TfL) is also provided.

There is a wealth of detail in the document, including revelations that foreign military vehicles are subject to the charge, but UK ones are not; along with details of circumstances where people will be given a second chance ie. their first appeal will be allowed but second and subsequent ones will not.

The public availability of this document may well make TfL’s life easier; some people may no longer bother making appeals in circumstances where they know they’ll be rejected and others will be able to phrase their appeal letters in such a way that it makes it easy for TfL staff to assess them against their criteria and accept them.

Request Details
Transport for London (TfL) is responsible for the London Congestion Charge. A document entitled: “Criteria for dealing with Representations and Appeals” describes the procedure TfL staff use to determine if someone’s appeal against a congestion charge penalty will be be accepted or rejected. This document was the subject of a Freedom of Information request made January 2008 which was initially refused. The argument TfL made against disclosure was that releasing the document would prejudice the exercise of TFL’s functions; Freedom of Information Act exemptions under S.30 (Investigations and proceedings conducted by public authorities) and S.31 (Law enforcement) were claimed.

On appeal the information commissioner’s office issued a decision notice saying it agreed with TfL that “the public interest in maintaining the exemption outweighs the public interest in disclosure”. The individual who had requested the document was persistent, and took his case to the information tribunal; there the information commissioner’s decision was overturned and TfL were ordered to release the document. The tribunal ordered the document be released to the original requestor by the 23rd of December 2009. A WhatDoTheyKnow.com user had made a separate request for the same document on the 8th of December 2009, and received it on the 7th of January 2010.

TfL still have not placed the released document on their disclosure log, which is perhaps an indication they’re still not too keen on the fact they’ve been compelled to release it.

Members of the team running mySociety’s freedom of information website WhatDoTheyKnow.com also campaign for improvements to freedom of information law.

Volunteer John Cross has been drawing his MP’s attention to a major loophole in the UK’s Freedom of Information Act which means that a company wholly owned by one local authority is subject to the act but a company owned by two local authorities is not. John’s MP, Peter Bottomley, has been convinced that this anomaly in the law does not make sense and has submitted an Early Day Motion calling for the loophole to be closed. The EDM also highlights the fact that currently a company owned 95% or even 99.5% by a single public authority is not subject to the provisions of the act, as only companies owned 100% by a single authority are currently covered.

The text of the motion states:

“That this House notes that section 6 of the Freedom of Information Act 2000 with certain exceptions makes companies wholly owned by the Crown or by a single public authority subject to the Act; further notes that a company wholly owned by two or more public authorities or 95 per cent. owned by a single public authority will be outside the scope of the Freedom of Information Act 2000; and calls for the closure of this loophole and for companies owned 90 per cent. or more by any number of public authorities to be subject to the Freedom of Information Act 2000.”

The motion is currently open for other MPs to sign-up to and show their support. If you would like to help increase the number of public bodies that are covered by Freedom of Information legislation please consider writing to your MP, asking them to add their name to the current signatories.

There are many situations where public authorities working together or even setting up jointly owned companies is commendable. Such arrangements can lead to savings though economies of scale and avoid duplication; we may see more such companies set up as a response to economic pressures. What is problematic though is the loss of accountability which currently occurs when public bodies come together and set up these companies without requiring them to follow the highest standards of openness, transparency and accountability.

Examples of Companies Which Would Be Made Subject to FOI if the Loophole was Closed:

• Connexions Nottinghamshire Limited – provides support services to young people and is jointly owned by Nottingham City Council and Nottinghamshire County Council.
• Coventry and Solihull Waste Disposal Company – owned two thirds by Coventry City Council and one third by Solihull MBC
• G-Mex Limited – Through its ownership of Destination Manchester Ltd and investment in Modesole Ltd, Manchester City Council has a 95% shareholding in G-Mex Limited
• Higher Education Statistics Agency (HESA) – this company is the official agency for the collection, analysis and dissemination of quantitative information about higher education.
• Manchester Airport PLC – the Manchester Airport Group is owned by the ten local authorities of Greater Manchester
• The Russell Group – is owned by, and represents 20 of the UK’s largest universities, the company’s aims as set out in documents filed on incorporation included “to influence and make representations to stakeholders and legislators”

Many housing associations, purchasing consortia, representative bodies and urban development companies are among the organisations which would be required to operate in a more transparent manner should this loophole be closed.

Many MPs and Lords use the Freedom of Information Act to obtain information from public authorities despite the fact they are able to table parliamentary questions. Occasionally they make their requests via mySociety’s freedom of information website WhatDoTheyKnow.com which ensures both the request, and its response, are freely available online. Surprisingly the freedom of information route can result in the release of more, and better quality, information than a written Parliamentary Question.

For example on the 12th of November 2009 Eleanor Laing the Conservative Shadow Minister for Justice submitted the following written Parliamentary Question:

To ask the Secretary of State for Health how many staff in his Department were employed on the management of freedom of information requests submitted to his Department in each year since 2005; and how much his Department spent on the management of such requests in each such year.

The response contained the number of staff per year as requested but with respect to the spending the parliamentary response stated: “The information requested on expenditure could be provided only at disproportionate cost.”

A very similar request for information had been made many months previously, in July, by WhatDoTheyKnow.com user and FOI campaigner Heather Brooke. The response to the FOI request contained more information, and more precise information, than Eleanor Laing had obtained via her parliamentary question. When the request was made via WhatDoTheyKnow how much staff substantially involved in answering requests were paid was disclosed, in detail.

While the costs of complying with a particular request are capped by regulations under the Freedom of Information Act, data on total costs of FOI compliance such as that released by this request allows the average costs of dealing with a request to be calculated.

MPs using WhatDoTheyKnow

• Stephen Crabb MP
• Lindsay Roy MP
• Tom Watson MP

Do let us know in the comments if you’ve spotted any more!

Today we have a strange story about a department that appears to think that it has a duty not to release information under FOI if it makes people angry.

It all starts in January 2009 the Department for Children, Schools and Families (DCSF) appointed an expert by the name of Graham Badman to conduct a review of elective home education in England. It probably goes without saying that this is an issue far from our concerns, and an issue that mySociety has no views on – what makes us interested is the process that followed.

Shortly after the publication of the report, Elaine Walton, a user of mySociety’s freedom of information website WhatDoTheyKnow.com requested copies of communications between the Department for Children, Schools and Families and Nektus Ltd. the company through which it appears Mr Badman was paid for his work.

According to email replies to Ms Walton, the DCSF located two relevant invoices which show how much money was paid, but refused to disclose them.  Strangely, though, they were not refused on grounds of commercial confidentiality, but rather on something more unusual. Here are the exemptions they cited:

• Section 40 – Personal Information
• Section 38 – Health and safety

Health and Safety? A little investigation reveals more.

When Ms Walton appealed against this decision, an internal review was carried out within the DSCF.  The internal review’s findings stated that Mr Badman was likely become a victim of harassment if certain personal details were made public, hence a health and safety concern, and hence no publication of these invoices. Fair enough – nobody would be in favour of revealing private, sensitive information that would endanger anyone’s life or family, especially in the presence of a known threat.  But take a look at this:

“That the Department had initially been drafting a response that included the release of invoices with only personal data redacted. But before the draft was complete it was apparent that there was a campaign of harassment and vilification against Graham Badman and other individuals/organisations that had contributed to the Report. In the light of this, at the weekly review meeting of FOI cases, it was considered that the balance of public interest might have shifted towards withholding.”

What is very curious here is the admission that the department had been thinking of releasing the invoices with personal data hidden (ie no home address, bank details etc).  But then because of a campaign of harassment, it was decided that they wouldn’t publish anything at all. So not just no personal information, but no dates, no amounts of money, nothing.

What is so unease-making about this FOI decision is that it appears to be saying that departments may conceal information on how much public money has been spent on something because releasing that information will make some angry people even angrier. Surely this can’t be right – if it were every budget would be conducted in complete secrecy. We would encourage the Information Commissioner’s Office to take a look.

mySociety’s Freedom of Information website WhatDoTheyKnow is designed to appear simple and straightforward to users. That appearance belies the fact that behind the scenes a significant amount of effort goes into making sure both those making freedom of information requests and those answering them have a positive experience of the site. While the site is almost entirely automated sometimes human involvement is necessary. This article highlights those key “edge cases” which are dealt with by the staff and volunteers who make up the WhatDoTheyKnow team.

In the last year 15,233 freedom of information requests have been made via WhatDoTheyKnow.

Message Delivery
444 messages on 360 requests (2.3%) had to be manually placed on the correct request as a result of authorities not sending replies to the email address given. The errors are introduced as authorities apparently manually transcribe email addresses from incoming email into correspondence management systems. There have been suggestions some may even print out and scan-in emails into such systems. WhatDoTheyKnow’s code has been improved in light of experience, common errors are now detected automatically and in many cases the system suggests which request the message was intended to be directed to.

In terms of outgoing messages just 52 (0.3%) requests over the course of the year were marked as receiving an error message in response and users marked 94 (0.6%) as requiring administrator attention. These are generally either transient errors which simply require a message to be resent or prompt us to check and update the contact details we hold for a particular organisation. Regularly there are problems with authority’s spam filters and we have to encourage them to change the way their filters are set up to allow messages from WhatDoTheyKnow.com through.

Gone Postal
119 (0.8%) requests were at some point marked as “Handled by Post”. In many of these cases users eventually persuaded authorities to release the information in electronic form. Where information is supplied outside the site users can add annotations describing the information released, then can link to copies of the data they have posted online, or as has been done in respect of 14 requests (0.1% of the total, 11% of those handled by post) they can supply the information to WhatDoTheyKnow to upload manually. When the site was being designed there was a worry that authorities would reply to many requests by post. This has not occurred, in part perhaps because the freedom of information act contains a provision (section 11) requiring the requestor’s preferred means of communication to be used where it is reasonable. A requestor using an @whatdotheyknow email address is clearly expressing a preference for a reply to be made electronically via the site.

Libel
One of the major challenges facing the site is keeping it operating in the face of the UK’s libel laws. Unlike in other countries, such as the US, we cannot publish statements on our users’ behalf without taking the risk of being sued for libel ourselves. Even simply republishing FOI responses from public authorities is not without risk in the UK. While we don’t actively police the site a lot of administrator time is taken up dealing with cases where potentially libelous or defamatory comments have been brought to our attention. Cases can be very complicated and involve a great deal of correspondence. mySociety is lucky to have the services of a specialist internet and technology barrister with expertise in libel who provides his services free of charge. We try and act in such a way as to maximise transparency while ensuring that the existence of WhatDoTheyKnow and mySociety are not threatened by legal risks.

In the last year there have been only seven significant cases where requests have been hidden from public view on the site due to concerns relating to potential libel and defamation. Three of those cases have involved groups of twenty or so requests made by the same one or two users. While actual number of requests we have had to hide is around 70 (0.4% of the total) even this small fraction overstates the situation due to the repetition of the same potentially libellous accusations and comments in different requests. In all cases we have kept as much information up on the site as possible. Our policy with respect to all requests to remove information from the site is that we only take down information in exceptional circumstances; generally only when the law requires us to do so.

Personal Information
Sometimes people accidentally post personal information to the site; for example they make a request which is not a Freedom of Information request but a subject access request under the Data Protection Act. We are happy to remove such requests. On occasion we get requests from both our users and public sector employees asking us to remove their names from the site. As we are trying to build up a FOI archive we are very reluctant to remove information from the site, our policy is only to remove names in exceptional circumstances. Often information, such as an out of office reply, which a public body or civil servant considers irrelevant and asks to be removed is in fact critical to the correspondence thread and timeline of a response.

Copyright and Control of Information Released
The fact information is subject to copyright and restrictions on re-use does not exempt it from disclosure under the Freedom of Information Act (though there is a closely related exemption relating to “commercial interest”). Occasionally public bodies will offer to reply to a request, but in order to deter wider dissemination of the material they will refuse to reply via WhatDoTheyKnow.com. Southampton University have released information in protected PDF documents and the House of Commons has refused to release information via WhatDoTheyKnow.com which it has said it would be prepared to send to an individual directly.

Mantaining and Expanding The List of Authorities
WhatDoTheyKnow lists around 3,000 public authorities, there is a regular turnover of changes in contact details. Our coverage, while large, is not comprehensive so we have requests to add bodies such as parish councils, schools, and doctors surgeries which we have not yet attempted to add in a systemic manner based on official sources of information.

We have also had to carefully consider what we do when for handling the various situations where an authority becomes defunct and its responsibilities are taken over by another body for example as a result of reorganisations of local government and the creation and merging of government departments.

Providing Advice and Assistance
The team at WhatDoTheyKnow.com often provide advice to users. We encourage users to keep their requests focused so as to reduce the chance of any problems due to libel or requests being classed vexatious. On occasion we suggest appropriate authorities for users to direct requests to, provide advice to those unhappy with the response to their request, and answer a broad range of other queries as they arise such as if particular bodies are subject to the act or not. Increasingly we link to authority’s publication schemes which are intended to let people know what information an authority has and how it can be accessed.

Spam
Lastly, like all websites which allow people to post content online WhatDoTheyKnow.com occasionally suffers from spam in various forms. Most is dealt with automatically but some has to be removed by hand. With spam, like the other aspects of running the site, the site’s code and processes are constantly being developed and improved to reduce the fraction of cases requiring any manual intervention.

This article was prompted in part by a team in New Zealand considering launching their own version on the site asking us what’s involved.