For the the third in our series of discovery workshops, we invited people working with FOI in public authorities to discuss how a network might support them — and we had more than 50 attendees joining us from a range of organisations and specialities. 

Discussion was lively and informative, with many expressing a thirst for community and knowledge-sharing in their roles.

We began with a group brainstorming session to discuss the challenges and obstacles people were facing in their work with FOI. 

From this, we pulled out the four major groupings below, so that smaller breakout groups could discuss what attempts had been made previously to mitigate these challenges, how effective these had been, and what an FOI Network could do to help.

Volume/complexity of requests

The increasing volume of FOI requests being received (a challenge which overlaps with that of the lack of resources, below) came up as a common issue, especially in conjunction with the increasing use of AI to generate requests. 

Here, there are two concerns: that AI is leading to more complex (if not necessarily more effective) requests; and that there is potential for a deliberate, malicious use of AI-generated FOI requests that might overwhelm an authority without their necessarily being aware of it. 

AI-generated/assisted requests are hard to formally recognise (although many are developing a ‘gut feeling’ around them), but also not inherently illegitimate. The group discussed tactics such as asking for clarification or ID, to flush out potentially inauthentic requests if suspected. A participant from the ICO also shared their recent AI guidance.

What could an FOI Network contribute here? Convening people was seen as useful in helping to understand patterns and themes between authorities, and shared approaches. This might take the form of directly organised networking activity, or supporting and promoting the informal networks that already exist. 

Building centralised resources might also help in creating tools for assessing thresholds of vexatiousness, while also providing better assistance to requesters on what good and bad degrees of complexity looks like in an FOI request. 

Locating information

Finding the information that is being requested is at the very heart of what an FOI officer does  — and can present a sizable challenge, especially where data is not collected or stored consistently. 

Discussion touched on issues around record keeping, proactive publication, resource and support from colleagues in sourcing/collecting  information: while the officer is the entry point for requests for information, they most likely hold little of it themselves. 

The amount of resource, support and priority is given to record keeping and FOI across the organisation affects how effective an officer can be. 

Information can only be easily accessed if it is stored well: some participants talked about requests for data that is not currently centrally held, but which requesters argue should be, leading to antagonistic interactions, despite the Information Officer not being to blame. 

Participants talked both about resourcing conflicts where other priorities were legitimately higher (eg “The information holders are clinical staff (NHS) and trying to get them to answer FOI requests when they are busy with patients is not reasonable”); but also situations where requests not taken seriously by senior teams, or other departments were slow to engage with them. 

As such, a key challenge for information officers is navigating both the formal and relational structures of their organisation, and a key challenge for an FOI Network is finding ways to support this role in developing a culture of transparency and good record keeping practice.

Part of this fits with our theory that good FOI statistics are an important factor in empowering information officers — because this visibility would make FOI performance between organisations more salient, and so a greater concern for senior decision-makers. 

Lack of resources

This group discussed the lack of resources, staffing and slashed funding — including elsewhere in the organisation, where diminished budgets can remove the institutional knowledge and capacity to effectively find information.

This was another area where there was great enthusiasm for better connections between officers across organisations, especially for the small, isolated teams. This would allow all to benefit from the knowledge of a wider group. 

For a longer-term fix to the lack of resources, a united network could lobby to central government. This isn’t just about “more money”, but the effective production of centralised resources that would help everyone (eg software, tools and licences). 

It was noted that redaction was a problem that was significantly time consuming, and available redaction tools (like Adobe Pro) were expensive and had limited licences. 

Proactive publication was also identified as a resourcing issue: in repeated requests for hot topics; but also in that publishing information can lead to more requests asking for specifics. 

From our point of view running WhatDoTheyKnow, this should still mean a greater public benefit from the information provided (people who wouldn’t ask for it have access to it), but does caution against an easy “publish more, request numbers decrease” approach — which does not align with the experience of practitioners. 

Working with requesters

This group discussed complaints resulting from a requester not knowing how to navigate the FOI system or complaints processes, and thoughts on more effective communication. A lack of requester awareness that the FOI route is not the same as the complaint route was identified, as well as public confusion between FOI and data subject rights. 

There is recognition that the requester doesn’t always know what information is available, which can lead to complex initial requests. But there was also a reported increase in adversarial/angry complaints, with a perception from request-makers that information was being denied when in didn’t exist. Where people are making requests across multiple authorities, getting refusals from some but not from others, can lead to this impression, while actually just reflecting differences in what data is collected. 

Better information and signposting about how to make a good FOI request was considered helpful, but within limits. Improved web forms can be helpful, but are not the only route in. At the same time, from a volume and overload point of view, a concern that greater awareness of the act might lead to more requests. This makes it important to define what we’re after as a network that can reconcile both a civil society “it’s good if more people are aware of and use their rights” with the practicalities of make that right real, which includes understanding of capacity.

In general, a lot of the potential in this area is around helping those making, and those answering requests to understand each other, or at least understanding more about how things work behind the scenes. 

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Finally, there was a more general discussion about forms a network can take, including the difficulty of convening both requesters and practitioners. Creating spaces for authority-side practitioners to talk helps with the smooth functioning of the FOI Act; these spaces would be more hesitant if always shared with civil society groups (and vice versa). 

We want to find ways to bridge these groups, while recognising that both individually can be constructive.  We need a set of layered discussions about how to make FOI work in practice, that can manage both communities of practice, also bridging both sides — recognising where common frustrations and collective goals can be served through better communication and coordination. This is inherently going to be complex, but will be so worthwhile to explore. 

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Illustration: Alghozy