This work will support users in taking the next steps, if appropriate, when their requests for information are denied.
A bit of background
In the last few years, there has been a significant and sustained decline in FOI requests being granted by the UK government.
According to the Institute for Government, the proportion of refused FOI requests reached a record level in the third quarter of 2019, with departments refusing to comply in full with more than half of all FOI requests that they received. This compares to around 40% in 2010 and around 30% in 2005.
And yet, our research found that, when challenged, a large proportion of refusals were overturned, suggesting that the fault did not lie with the type of request being made. 22% of internal reviews resulted in the full or partial release of information, and a further 22% of appeals to the ICO led to all or some of the information being released.
For local authorities, up to half of internal reviews – and just over half of all ICO appeals – led to the release of all or some of the information requested. In Scotland, with its own FOI regime, 64% of appeals to the Information Commissioner resulted in the full or partial release of information.
And so, while acknowledging that some refusals are certainly legitimate, there is a clear case for challenging such responses. But to do so is daunting, especially for novice requesters who can understandably be discouraged by an official response citing exemptions in legalese.
This new funding will allow us to approach the issue from four different, but interlinked directions, each intended to inform and support users in challenging government refusals of FOI requests.
- When a WhatDoTheyKnow user confirms that they’ve received a refusal, we’ll be integrating context-sensitive advice. This will inform the user of their right to appeal, give clear guidance on how to assess whether the authority has complied with the law, and also advise on other channels, beside FOI, by which information may be obtained.
- We’ll automatically identify which exemption has been cited in the refusal, giving us the ability to help users better understand why their request has been turned down.
- Based on this finding, we’ll offer context-specific advice for the exemption identified. For example, if the request has been turned down because of cost, we’ll show how to reframe it to fall below the ‘appropriate limit’.
- Finally, once the user has been fully informed, we’ll offer the support they need to escalate the request to an appeal.
Ultimately we hope that this work will help reset the balance on the public’s right to access information, better enabling citizens, journalists and civil society to effectively scrutinise and hold authorities to account.
As always, we’ll also be thinking hard about how to make all of this apply more universally, across the various legislatures that apply in jurisdictions where people are running sites on the Alaveteli platform.
If this interests you, watch this space. We’ll be sure to update when we’ve made some progress on the project.
Image: Tim Mossholder