1. Memorable FOI requests from WhatDoTheyKnow’s first ten years

    To help us mark WhatDoTheyKnow’s tenth anniversary, we asked volunteers, supporters and users to tell us which Freedom of Information requests from the site’s first ten years particularly stuck in their minds.

    The result was an eclectic mix of stories that really show the breadth of how WhatDoTheyKnow has been used. They have very little in common — unless you count the imagination and tenacity of those using FOI to try to uncover significant information.

    Doug Paulley, WhatDoTheyKnow volunteer

    A exposé that helped bring in the living wage for carers

    Doug is one of the team of volunteers who give up their time to keep WhatDoTheyKnow running, using their experience and knowledge of FOI to moderate the site, give users guidance, and help set policy. Doug is also an extremely active user of FOI, having used the act to uncover many examples of discrimination and malpractice over the years.

    He highlights the story of a care home talking the talk, but very much failing to walk the walk when it came to paying its staff the living wage.

    “The exposure brought about by FOI played a significant part in the campaign for Leonard Cheshire, care home operator with 2,100 residents, to significantly increase carers’ wages to (just short of) the voluntary living wage. Journalist Heather Mills covered the story in Private Eye.” Read the whole story here.

    Owen Blacker, mySociety trustee

    Missing historic information on Cold War targets

    Owen co-founded FaxYourMP, the earliest version of mySociety’s  WriteToThem, and has been an important part of the organisation ever since — he’s now one of our trustees and a non-executive director. He recalls the building and launch of WhatDoTheyKnow and indeed was one of its earliest registered users.

    Owen particularly remembers a pass-the-parcel like series of FOI requests in which he was handed from one organisation to another:

    “I went round in circles trying to find out some Cold War information that nobody claims to know any more. In 1980, the entire Civil Service, nationwide, ran a dry run of a Cold War nuclear attack on the United Kingdom, called Operation Square Leg. I’m slightly concerned that we spent a lot of money planning the civil contingencies of a Cold War attack — a sensible things to do, arguably — but no longer know where we were expecting to be hit or at what megatonnage.” Owen links to the requests from this blog post.

    Will Perrin, Indigo Trust

    Safer streets and better data handling

    Will is not only a trustee at Indigo, supporting mySociety’s work with parliamentary monitoring organisations in sub-Saharan Africa, but he’s also a trustee of London’s King’s Cross Community Projects. Indeed Kings Cross — a locality in which Will has a personal stake, with a long record of community action — is the subject of two of the three FOI requests he singled out:

    First was the Kings Cross Walkability audit which revealed just how hostile to pedestrians the area was back in 2008. At the time, Will wrote in his blog: “Crossing the road in Kings Cross is a nightmare and now we have an official report commissioned by TfL that sets it out in black and white.”

    Today he recalls its impact: “This document underpinned the police taking a corporate manslaughter case against TfL to the Criminal Prosecution Service with regard to a cyclist’s death in 2011. The case did not proceed but was instrumental in changing TfL’s attitude to cyclists’ rights.

    “Then this request revealed a massive overspend by Network Rail in refurbishing its own offices at Kings Cross”.

    Finally, Will’s third choice of request had wider implications for the country as a whole:

    “The National Police Chiefs’ Council revealing that there was no governance system in place for the Automatic Numberplate Recognition System (ANPR) and the existence of Met’s ‘Olympic Data Feed‘ led to a new governance system being instilled; some 2 billion records were deleted along with the introduction of a vastly reduced retention period.” Annotations at the foot of this request give a little more background.

    Matthew Somerville, mySociety developer

    A long-standing pillar of mySociety’s development team, Matthew wrote the core code behind many of mySociety’s most notable websites and tools, including FixMyStreet and TheyWorkForYou. He spends his working days coding for mySociety’s useful tools, and much of his free time coding his own useful tools, if his website is anything to go by. What was his most memorable FOI request?

    “It was a request asking Royal Mail for information about all their postboxes, made by Tom Taylor.  I had to write a crowd-sourcing tool to locate them, as the information provided included street name but no actual location; they then (from another FOI request a few years later) released the co-ordinates as well.”

    The data is mapped here. Why is this request significant?

    “I’m not sure it’s really significant, but I do get plenty of people telling me they’ve used the site, and it’s something Royal Mail never got around to providing (even though that was their reasoning for refusing to release it)…”

    So there we are: a handful of the 458,219 requests that WhatDoTheyKnow has processed to date. There are so many stories around FOI requests: each of them represents someone’s burning question; many of them result in a response that’s important, or fascinating, or historic. And that’s what makes WhatDoTheyKnow so rewarding to work on.


  2. 50 news stories uncovered by WhatDoTheyKnow’s users

    We’ve talked a lot about our new service for journalists and other professional users of Freedom of Information — but it’s not always the professionals who uncover the news stories.

    This week, we mark WhatDoTheyKnow’s tenth anniversary. As part of the celebrations, we thought we’d look back on the news stories that came about because of requests made through the site. Many of these began with an FOI request submitted by a user with no links to the press, and were picked up by news outlets because the response was of public interest.

    From the restrictions on what names can be given to a baby in this country, to an accidental torpedo release, and via a geographically-accurate Tube map, it makes for fascinating reading. You can see them all here.

  3. Ten years of WhatDoTheyKnow

    On 22 February 2008, we posted an announcement on this very blog: “the new mySociety Freedom of Information site is now live”.

    More than 450,000 requests later, WhatDoTheyKnow is marking its tenth anniversary: as part of the celebrations, we’ve put together a timeline showing how WhatDoTheyKnow has intersected with the history of FOI in the UK since we first gained our right to information in 2005. If nothing else, you may enjoy looking at the site’s rather more primitive design back in its early days.

    The past decade has seen legal challenges, contributions to Parliamentary inquiries, and the development of our code for use in other countries (26 and counting). It has proved that an ambitious project can be kept going thanks to the efforts of unpaid but skilled and dedicated volunteers.

    Most of all, though, it’s seen you, the general public, submitting requests for information, and sharing the responses you receive. That was always the idea, and, it turns out, it’s a pretty sound one.


  4. ATOS, Capita, PIP… and some persistent FOI requests

    An article in the current Private Eye Magazine has drawn our attention to the use that disability campaigner John Slater is making of our Freedom of Information service WhatDoTheyKnow.com.

    In December 2016, Mr Slater asked the Department for Work and Pensions (DWP) to release the monthly “management information reports” received from contractors ATOS and Capita in relation to their work assessing eligibility for Personal Independence Payment benefits.

    Mr Slater has pursued his request for over a year, and wasn’t put off by an initial response which stated that the information requested wasn’t held, nor a subsequent response refusing to release the material citing the contractors’ “commercial interests”.

    In December 2017, a year after Mr Slater made his request, the Information Commissioner ordered the DWP to release the material, stating “The Commissioner has not been satisfied that disclosing the withheld information would be likely to damage the commercial standing of ATOS and Capita”. The Information Commissioner dismissed the DWP’s concerns that the information requested could be “misinterpreted in ways that could lead to reputational damage to both the Department and the PIP Providers as well as prejudice the efficient conduct of public affairs”.

    The Information Commissioner’s decision notice was highly critical of the way the DWP had handled the case, noting the use of “standard paragraphs” rather than a discussion of the public interest tailored to the material in question, and DWP failing to engage promptly with the Information Commissioner, thus causing further delay.

    The DWP have not yet complied with the Information Commissioner’s decision; they have appealed and a tribunal hearing is scheduled for April 2018.

    This request is far from the only one showing Mr Slater’s persistence in pursuing the release of information held by the Department for Work and Pensions.

    A request for Project Assessment Review Reports for the Universal Credit Programme that Mr Slater made in April 2016 was initially accepted and the department said they were considering it. Mr Slater chased up the lack of a response in June, and again in August and September, but when, six months after his original request, Mr Slater chased them again in October they deemed his persistence to be vexatious and rejected the request.

    That request has now been further rejected by the DWP, who say that the information “if released would, or would be likely to, prejudice the free and frank provision of advice or which would otherwise, or would be likely otherwise to, prejudice the effective conduct of public affairs.”

    Mr Slater has referred that decision to the Information Commissioner too.

    On the 5th of December 2017, Debbie Abrahams MP, the Shadow Secretary of State for Work and Pensions, deployed the Parliamentary procedure of a motion for “an humble Address be presented to Her Majesty” to seek the release of the documents to the Work and Pensions Committee. MPs agreed the motion unanimously.

    The committee are currently in correspondence with the Government over redaction, and arrangements for access to the material.

    The committee chair, Frank Field MP, has suggested that:

    A couple of copies would be made. These copies will be kept securely and members would be invited to come to the Committee office to read them. No-one else, other than the committee members, will be invited to make this journey to our Committee office and members will not be able to make copies, or take notes, about the documents.

    – so despite the decision by the House of Commons the public still might not get to see the material via that route.

    Mr Slater has been in touch with us and told us he finds the service provided by WhatDoTheyKnow extremely helpful when submitting and managing FOI requests.

    He said that the ease of submitting requests and built in workflow that keeps track of time, reminding users that a response should have been issued, is invaluable. He also likes that a single platform exists where information obtained by its users is made available for everyone, as that embodies the spirit of the Freedom of Information Act.

    Image: John-Mark Kuznietsov (Unsplash)

  5. Making better FOI requests in Hackney

    We’re in the process of conducting a discovery and prototyping exercise to understand how Hackney Council currently respond to FOI requests — and also Subject Access Requests (SAR) — ahead of the new General Data Protection Regulation (GDPR), coming into force in May 2018.

    The aim is to explore how we can help members of the public find the information they are looking for when attempting to submit an FOI or SAR request and subsequently, when a request is complete, making it easier to publish the non-personal responses to requests through a searchable public disclosure log.

    Information should be free

    When someone makes a Freedom of Information request to a public body, we like to think that the information provided, often at a not insignificant cost, should be available freely to everyone, in public.

    That’s the basis of our Alaveteli software which runs in at least 28 countries, and WhatDoTheyKnow in the UK which has grown to become a vast database approaching half a million FOI requests and responses over the last 10 years, from almost 19,000 public bodies.

    From our own research we know that at least 15% of all FOI requests made in the UK pass through WhatDoTheyKnow, and that rises to over 30% of all requests to some central government departments. That still leaves somewhere over 70% of all requests that feasibly could be made available to the public.

    What usually happens instead is that these individual requests remain hidden away in private mailboxes and probably won’t ever see the light of day.

    Our FOI strategy

    In response to this we’re on a mission to expand the share of FOI requests that are catalogued and released in public through WhatDoTheyKnow. This requires us to have an understanding of the nature and source of these other requests.

    Broadly speaking around one third of these remaining requests are made by commercial businesses seeking contractual information from councils, NHS trusts and the like. About a fifth are from journalists researching for stories, another slice come from students or academics, and the remainder from individuals who are often making just a single request.

    Our overall strategy is pretty simple: expand the scope of WhatDoTheyKnow where we can to capture more requests directly, and create new services to cater to specific user needs.

    This thinking is what led to our service for journalists and campaigners, WhatDoTheyKnow Pro. (So far we’ve been reluctant to directly cater to FOI requests made by commercial businesses, although on balance it would be better if these requests did eventually make it into the public domain.)

    Working with Hackney

    Through WhatDoTheyKnow we’ve been pretty firmly focused on helping citizens make good FOI requests. Some readers may remember our previous forays into this area, with WhatDoTheyKnow for Councils (since retired). We found issues with that: specifically, the assumption of immediate publication in particular placed us in position as both poacher and gamekeeper, creating a conflict of interest we weren’t comfortable with.

    However when we consider the full lifecycle of creating a response to an FOI request we still believe that we can use our experience of FOI to help public bodies support better drafting of initial requests and aid the management of responding to these requests.

    Which brings us back to our new collaboration with Hackney.

    More specifically, we are working with Hackney to explore how we can:

    • help users better submit clear and valid requests
    • integrate this request form with other sources of information (including with a disclosure log) to try and help users find what they need more quickly and conveniently
    • integrate with case management services so that queries are answered quickly and information published openly wherever possible
    • use information from previous requests to speed the allocation of a particular request to a specific council service
    • support compliance with current legislation, and pre-empt forthcoming changes (GDPR).

    We’re just at the beginning of this process but we’ll be blogging and sharing more updates over the next couple of months. We will also be speaking to other public sector bodies, councils in particular, about how they manage the process of responding to FOI requests, the challenges they face, and the opportunities this offers them to proactively release more publicly available data.

    Hackney are a great partner to work with. As you might be already aware they have been very active in adopting user-centred, agile methods to develop new services, they are comfortable and vocal talking about their work in public (check out the HackIT blog here) and they are especially focused on bringing their staff along with them as they evolve their approach.

    We’ve got a lot to learn from them, and hopefully they can benefit from some of our experience representing the needs of citizens.

    Get involved

    If you’re responsible for managing FOI requests or data protection in your own public sector body and you’d like to follow this project in more detail — or if you’d like to participate in some of the discovery work — then please get in touch at hello@mysociety.org.

    Image: Simon Blackley CC BY-ND 2.0

  6. Consultation response: Revised Freedom of Information Code of Practice

    The Freedom of Information Code of Practice is a set of guidelines for the public authorities that are liable to respond to requests for information under the FOI Act. It advises these bodies on how to adhere to the law and what counts as best practice.

    The Cabinet Office recently ran a consultation on proposed revisions to the Code of Practice. Since this Code directly relates to the activities of the website WhatDoTheyKnow, and the services it provides for our users, we put in a response, which you can view here.

    The response was submitted under the joint names of WhatDoTheyKnow, our FOI codebase project Alaveteli, and mySociety itself, having been worked on by the WhatDoTheyKnow volunteer team, those working on the Alaveteli project, and mySociety’s researchers. Between them there is a substantial amount of experience and knowledge on FOI in the UK: much of our response is based on our experience in helping users to obtain information from public bodies.

    Indeed, our response commented on points which we felt particularly affect our users; among other issues, we responded on:

    • Timeliness of responses, including the introduction of time limits for internal review and public interest test extensions, and the importance of prompt responses to requests which inform current public debate.
    • The use of pseudonyms by those making requests: what counts as a pseudonym; whether this should be one of the indications that can be used to label a request as vexatious, and whether authorities might, at their own discretion, process a request even if pseudonymous.
    • Proactive publication, including the point that routine publishing of data may be more efficient and cheaper than responding to individual repeated requests. One suggestion is that every Freedom of Information request should prompt a consideration by the public body of whether the kind of information requested could practically be routinely published.
    • The application of fees to a request: the desirability of pointing out that most FOI requests do not incur a charge and that the requester will never be charged without notice. People can be deterred by the prospect of fees, and bodies’ responses often contain worrying notices about them in their emails and on Freedom of Information web-pages, when in reality they are rarely applied.
    • The means of communication: that requests made by email, unless the requester specifies otherwise, should be taken as a preference for a response by email; the ease of making FOI requests; and the ease of using data in the format provided in any response.

    We replied on several other points too, including the status of the Code of Practice itself. It was issued in 2004, and has not been updated since, and in fact it’s not a document that we use regularly when we’re advising users or corresponding with public bodies about the application of Freedom of Information law.

    The high quality guidance which we, and our users, do use on a day-to-day basis comes from the Information Commissioner, so we suggested the Government consider whether, and if so how, the Code of Practice could incorporate, or endorse that documentation.

    One other important point is that the Code of Practice constitutes guidance rather than law, so any welcome shifts in policy that it endorses should ideally be reflected in the law too.

    As a case in point, while the Freedom of Information Act has always covered information “held on behalf” of a public body, the proposed Code of Practice sought to make information held by contractors working for public bodies more accessible in practice: we welcome this but we do caution that issuing a new Code of Practice is not a substitute for amending the law, if that’s what’s required.

    If you are interested, do read our submitted document in full.

    You may also like to see responses from the Campaign for Freedom of Information and the Open Government Network: as we three organisations’ submissions share several common themes (without our having consulted one another), we hope that there’s a good chance of the Government taking them into account.

    Image: Nick Youngson (CC by-sa/3.0)

  7. WhatDoTheyKnowPro has launched… quietly.

    If you happen to have visited the WhatDoTheyKnowPro page recently, you might have noticed that we’ve changed from offering free beta testers’ accounts to rolling out the payment interface.

    Yes, we’ve launched! But not with a bang: having quietly introduced the payment option, we wanted to wait for a while and check that there were no issues before making a public announcement. Consider this that public announcement.

    Just a reminder at this stage, in case you haven’t followed along with previous blog posts: WhatDoTheyKnowPro is a Freedom of Information toolkit which provides extra help with sending and organising requests. It’s designed to provide extra functionality for journalists and other people who use FOI in their jobs; if you’re a standard user of WhatDoTheyKnow, there’s nothing to  pay and there never will be. We’ll always keep the site, and all its current functionality, free for everyone.

    The question of price

    Launching WhatDoTheyKnowPro provoked an interesting debate on where to position it, pricewise.

    It’s not that we’ve never put a price on any of our services before: mySociety is a social enterprise, and we charge for some use of our APIs; our council clients pay us for FixMyStreet Pro; you can buy transit-time maps on Mapumental. These sources of income are just part of what help us to provide our core citizen-facing services for free.

    And we’re hardly trailblazers in that respect: in fact, it was fascinating to read the Knight Foundation’s recent report Scaling Civic Tech and see how common it is in our sector to rely on a variety of revenue streams, from user donations to philanthropic grants, to paid-for services.

    But while we may have experience in charging for our services, it’s definitely the first time we’ve had to price up a Freedom of Information toolkit for journalists and professionals!

    What’s it worth?

    We were effectively in the position of many an enterprise startup: with a market proposition that doesn’t exist in this exact form anywhere else. How do you know how to price something in those circumstances? Set it too low and you could miss out on important revenue; too high and you’ll alienate potential customers, many of whom are freelance journalists paying for their work tools out of their own pockets.

    Still, this project has been a process of tackling problems and questions thoughtfully — from deciding which features to include in this initial version, to debating how to encourage journalists to link back to the news stories they’ve created once they’re live. Perhaps we could bring the same approach to pricing.

    Ask the experts

    Fortunately, with over 100 beta testers, we had a pool of users who knew the service well enough to be able to give an expert opinion on how much value it was bringing them. Sending out a survey brought some very useful responses, not to mention feedback about what our beta users liked and what they’d appreciate in future roll-outs.

    WDTKPro survey

    That said, we’re well aware of research indicating that people are not always experts on what they are actually willing to pay.

    And of course, it makes sense that different people will attach different values to a service, depending not only on their own finances but, in this case all sorts of other factors such as how frequently they use FOI and how accustomed they are to paying for technology.

    Faced with responses to the survey that ranged between a suggested price of £1.00 a month to £50.00, that was, in some strange sense, reassuring to know.

    To be fair, those were the extremes. There was a good consensus in the middle and that helped us decide on an introductory price of £10 a month.  We’ll assess this after a few months to see whether it’s bringing the number of sign-ups we expect.

    Open for business

    If you’re a journalist or someone who uses FOI in your work, you can now go and give WhatDoTheyKnowPro a go! We hope you’ll let us know how you find it.

    Image: Sven Scheuermeier (Unsplash)

  8. Explore FOI Information

    How many Freedom of Information requests are sent through WhatDoTheyKnow as compared to those made directly to public bodies? Our new mini-site lets you explore Cabinet Office statistics in comparison to numbers from WhatDoTheyKnow.

    Every quarter, the Cabinet Office releases Freedom of Information stats for a collection of central government ministries, departments and agencies. This provides a good benchmark for understanding how requests made from WhatDoTheyKnow relate to requests made through other routes. Back in 2010 we ran several blog posts about this, though we haven’t released any comparisons in recent years — and we’re now making up for lost time.

    In 2016, WhatDoTheyKnow was the source of 17.14% of requests to audited public bodies. On the other hand, most WhatDoTheyKnow requests (88.51%) went to public bodies that the Cabinet Office figures don’t cover.

    One interesting conclusion from this is that most FOI activity in the UK is not immediately visible from the official statistics. You can read more about what we learned from the numbers, or explore the data for yourself on the mini-site.

    Image: Jerry Kiesewetter (Unsplash)

  9. WhatDoTheyKnow used for research on FOI refusals

    When you send a Freedom of Information request through WhatDoTheyKnow.com, every part of the exchange is published online. Those who have browsed the site will know that you can read the correspondence around each request from beginning to end, including the initial enquiry, auto-replies, any holding letters, messages seeking clarification, and finally, the response — or refusal.

    We built the site so that, when information was released, that information would be available for everyone. The result is the massive online archive, all searchable, that you can find on WhatDoTheyKnow today. That being the case, why do we bother publishing out all the rest of the correspondence? Why not simply publish the end result, that is, the actual information?

    Well, we believe there’s value even in what you might consider the ephemera of everything else, not least that it helps demystify the various steps of the FOI process.

    This week, an article by ‘FOIMan’ Paul Gibbons showed that the publication of this material can also help with research. He was able to look at 250 ‘refusal notices’ — that is, times when authorities had turned down requests for information — and pull out examples of best and worst practice.

    The result will benefit us all, from those requesting information to those who process the requests: for the former, it sets out what to expect from a refusal, and for the latter, it highlights how to ensure that you are sticking to the law as well as ensuring a good experience for the public.

    A refusal, as Gibbons points out, does not have to be a shutting of the gates in the face of the requester: it can help educate, point people towards a better means of obtaining the information they need, or even clarify for the FOI officer where withholding the information may in fact be inappropriate. We’re very glad to have seen our data being used in this way.

    Image: Gemma Evans (Unsplash)

  10. NHS Sustainability and Transformation Partnerships on WhatDoTheyKnow

    We’ve just listed Sustainability and Transformation Partnerships on our UK Freedom of Information service WhatDoTheyKnow.com. These new bodies bring together NHS organisations and local councils with the aim of better co-ordinating health and care services in England (see NHS England’s webpage introducing them).

    In most parts of the country Sustainability and Transformation Partnerships are unimaginatively named. In a few places though the bodies have been more adventurous: we have the bold and strident sounding Success Regime Essex, as well as Together We’re Better in Staffordshire, Transforming Health and Social Care in Kent and Medway, Joined Up Care Derbyshire and one called BOB.

    Some of these bodies appear to be just coming into being, with almost nothing about them online at all and others are more established with staff, websites, boards and published meeting minutes. When researching these organisations we found a handful offered Freedom of Information contact addresses, and commendably Kent and Medway’s even has a log of responses it has already made to FOI requests.

    Most Sustainability and Transformation Partnerships will be subject to Freedom of Information (FOI) law as all their members are public bodies. Some may not be subject to FOI though, for example Surrey Heartlands Sustainability and Transformation Partnership appears to have private company Virgin Care as a member, exempting it from the relevant definition; we list the body on WhatDoTheyKnow anyway as part of our activism seeking to expand the scope of the law.

    What information will a Sustainability and Transformation Partnership hold?

    A few partnerships publish their key governance documents (constitutions, terms of reference, memoranda of understanding), and minutes and papers from their boards; these can give an insight into the organisation’s activities and reading them may suggest information which could be made public via a Freedom of Information request. If the basics of board minutes, and governance documents aren’t published you can use WhatDoTheyKnow to get them online and easily for everyone to access.

    FOI responses from Kent and Medway show large sums of money being paid to “consultants/external advisory firms” to develop a Sustainability and Transformation Plan and hint at bodies elsewhere doing similar. Freedom of Information requests could be made to partnerships elsewhere to ask for information on their budgets and spending.

    The future

    It is anticipated that Sustainability and Transformation Partnerships may “evolve” into “Accountable Care Organisations” ACOs, responsible for all public healthcare in a region; this would make them immensely important public bodies.

    We’ll keep an eye on the organisational changes and try to keep our service up-to-date.
    Maintaining the database of public bodies is a key part of running WhatDoTheyKnow; we have to react to reorganisations in the public sector, and bodies forming, merging, changing their names or ceasing to exist.

    NHS Sustainability and Transformation Partnerships on WhatDoTheyKnow

    Image: LydiaShiningBrightly (CC-by/2.0)