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)
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.
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.
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
- Alliance Local Delivery System (Warrington, St Helens, Halton, and Knowsley)
- Better Care Together – Leicester, Leicestershire & Rutland
- Birmingham and Solihull Sustainability and Transformation Partnership
- Bristol, North Somerset, South Gloucestershire Sustainability and Transformation Partnership
- Buckinghamshire, Oxfordshire and Berkshire West Sustainability and Transformation Partnership
- Cambridgeshire and Peterborough Sustainability and Transformation Programme
- Cheshire and Wirral Local Delivery System
- Cornwall and the Isles of Scilly Shaping Our Future Transformation Board
- Coventry and Warwickshire Sustainability and Transformation Partnership
- DDT, Hambleton, Richmondshire and Whitby Sustainability and Transformation Partnership
- Devon Sustainability and Transformation Partnership
- Dorset Sustainability and Transformation Partnership
- Frimley Health and Care Sustainability and Transformation Partnership
- Greater Manchester Health and Social Care Partnership
- Hampshire and the Isle of Wight Sustainability and Transformation Partnership
- Healthier Lancashire and South Cumbria
- Herefordshire and Worcestershire Sustainability and Transformation Partnership
- Hertfordshire and West Essex Sustainability and Transformation Partnership
- Humber, Coast and Vale Sustainability and Transformation Partnership
- Joined Up Care Derbyshire
- Lincolnshire Sustainability and Transformation Partnership
- Milton Keynes, Bedfordshire and Luton Sustainability and Transformation Partnership
- Norfolk and Waveney Sustainability and Transformation Partnership
- Northamptonshire Sustainability and Transformation Partnership
- North East London Sustainability and Transformation Partnership
- North London Partners in Health and Care.
- North Mersey Local Delivery System
- Northumberland, Tyne and Wear Sustainability and Transformation Partnership
- North West London Joint Health and Care Transformation Group
- Nottinghamshire Sustainability and Transformation Partnership
- One Gloucestershire Sustainability and Transformation Partnership
- Our Healthier South East London
- Shropshire and Telford and Wrekin Sustainability and Transformation Plan Partnership Board
- Somerset Partnership
- South West London Sustainability and Transformation Partnership
- South Yorkshire and Bassetlaw Sustainability and Transformation Partnership
- Success Regime Essex
- Suffolk and North East Essex Sustainability and Transformation Partnership
- Surrey Heartlands Sustainability and Transformation Partnership
- Sussex and East Surrey Sustainability and Transformation Partnership
- The Black Country Sustainability and Transformation Partnership
- Together We’re Better (Staffordshire)
- Transforming Health and Social Care in Kent and Medway
- West, North and East Cumbria Sustainability and Transformation Partnership
- West Yorkshire and Harrogate Sustainability and Transformation Partnership
In the past month over 4,600 Freedom of Information requests made via our site WhatDoTheyKnow resulted in information being released. Volunteer Molly Williams has picked out a few highlights.
The autopsy of Alexander Litvinenko
The autopsy of the former Russian spy who was killed in November 2006 by radioactive polonium-210, which is believed to have been slipped into his cup of tea on Putin’s orders, has been described by a pathologist as “the most dangerous post-mortem examination ever undertaken in the western world”.
An FOI request sent via WhatDoTheyKnow.com to Barts Health NHS Trust, whose care Litvinenko came under when he fell ill with the poisoning, revealed the detailed step-by-step procedure used to carry out his post-mortem safely. The examination determined how he was murdered.
Thousands of NHS and health bodies are listed on WhatDoTheyKnow, so if you have queries on the data they hold, it’s a great place to start.
Grenfell displaced person plans
An FOI request sent after the fire that killed 80 people and burned down a large block of flats in the Kensington and Chelsea area revealed the progress of plans to rehome those left homeless.
Some key details revealed were that:
- all regeneration plans have been put on hold in Kensington and Chelsea
- emergency hotel accommodation in Kensington and Chelsea was offered to all made homeless by the fire
- there were 179 offers of temporary accommodation made, of which 65 were accepted
- everyone affected has a dedicated Housing Officer to help them find a new home
- the council aim to rehome everyone who was made homeless by the fire by June 2018
Crime statistics at Leeds Festival
An FOI request sent via WhatDoTheyKnow revealed all the crimes reported from Leeds Festival over the past five years — including sexual offences, drugs, and fraud. It also showed that 2016, the latest year for which statistics were available, was the worst year for crime at the festival, with 200 offences reported. See the request and the full stats here.
Letter from Chris Grayling ordering GTR to fund a £13.4 million improvement to Southern Rail
How do you phrase a difficult letter? After it was quoted in national media, a message from Transport Secretary Chris Grayling, fining Govia Thameslink Railway for £13.4 million, is now available in full for everyone to read.
In the letter Grayling stated that “passengers who depend on Southern have been badly let down” and went on to outline what the money will be spent on, including more on-board staff and £7m on “improvements that will directly benefit passengers”.
There are five railways companies listed on WhatDoTheyKnow. Not all of them are subject to FOI, but we list them anyway because we believe them to be subject to the less-known Environmental Information Regulations (EIR). And of course, as in the case mentioned above, you can always request information from public bodies which correspond with, or contract, organisations not covered by FOI.
Supernatural crime reports in the West Midlands
A requester asked for any reports on “ghosts, werewolves, witches, aliens, zombies and the like” to the West Midlands Police. Think this is a frivolous question? Well, in the past 12 months no fewer than 10 supernatural sightings have been filed. Following the response, the requester asked for further information on these mysterious sightings and is currently awaiting more detail.
Football in Worcester
A request revealed, within a series of released email correspondence, plans to build a community sports stadium and relocate 3D artificial turf playing fields. It also showed the decision process taken, including consideration of the possible effects on the local area. Read what’s happening to football in Worcester here.
If you want to know more about Sport England’s plans in your local community, you can send an information request to them via WhatDoTheyKnow.
Seabird and raptor monitoring on the Isle of Rum
An FOI request sent to Scottish Natural Heritage revealed details of their monitoring of seabirds and raptors including which species they track, their monitoring methods, and research aims.
Read the details of the methods, findings and staff involved in the monitoring of these incredible birds on our site, here.
Platelet donors and donations
Information released by NHS Blood and Donations under FOI revealed how the number of platelet donors and donations has been gradually decreasing since 2010. When responding, the public body helpfully explained the trend in the statistics:
“NHS Blood and Transplant has gradually reduced the amount of platelets it collects from platelet apheresis donations and increased the amount of platelets it collects by pooling whole blood donations from whole blood donors. This follows the 2013 recommendation made by the Department of Health’s Independent Advisory Committee on the Safety of Blood, Tissues and Organs (SaBTO) to remove the requirement to provide 80% of platelets to hospitals by apheresis”.
FOI numbers and staff
You can even send an FOI request about the handling of FOIs! One requester asked for how many requests to Knowsley Metropolitan Borough Council were received in the past three years and the number of staff who deal with them.
There were a total of 3,160 requests but no designated team dealing with them, which may simply suggest there is an FOI culture embedded throughout the organisation, where the role is combined with other jobs. Read the full response here, and if you, too have a question about FOI requests you might like to send an FOI request via WhatDoTheyKnow.com.
If you’re in a wheelchair, it can be tricky enough getting around. So it’s particularly disappointing to learn that some taxi firms charge wheelchair passengers extra, and that some drivers refuse to take passengers in wheelchairs at all.
If you’re thinking ‘surely that’s illegal’ — well, it is. Only from quite recently, though: it was last April that a law came in which imposed a £1,000 fine for drivers who refused or charged extra for those in wheelchairs.
But there’s a complication. This fine can only be imposed by councils who keep a designated list of all wheelchair-accessible public hire vehicles: no list, no fines.
Does it matter? Well, that depends on how many councils are intending to compile the list. And as WhatDoTheyKnow volunteer Doug Paulley knows very well, there’s one good way to find out information from every local authority: via a Freedom of Information request.
Doug used WhatDoTheyKnow to submit FoI requests to all 366 taxi licensing councils, and Transport for London, who administer taxi licensing on behalf of all the London boroughs. The results of his research can be seen in full here, or you can quickly check your own local council on this map.
As indicated, if your council is one of the 59% who, by not keeping a list, are unable to implement the anti-discrimination law, you might like to contact your councillors to let them know how you feel about that.
In February 2016, Tom Gallard made a simple request to the Welsh Government through our Freedom of Information site WhatDoTheyKnow.com. He wanted to know the exact sum paid to Aston Martin in a much-publicised deal which would bring its luxury car-making facilities to St Athan.
15 months later, in June 2017, he received the answer.
Now clearly, this is not an example of an efficient and prompt release of information on request — so let’s look at exactly what happened.
Tom’s request was not complex, but it appeared to ask for something that the Welsh Government were reluctant to disclose, and as a result, it encountered several obstacles.
February 24, 2016: request made
Tom made his one-line request: “Please provide details of the financial support agreed with Aston Martin to create 750 jobs at St Athan.”
Was there anything in particular that spurred you to make this request?
“I read a lot of the news reports around the deal to bring Aston Martin to Wales, and I got more and more frustrated as it became clear that no-one was disclosing how much this would cost. I didn’t feel I could judge whether it was a good use of money or not, without knowing how much was being spent”.
March 23, 2016: reminder sent
Under the FOI Act, authorities are supposed to respond to request for information promptly, and at most within 20 working days. WhatDoTheyKnow sends its users a reminder when this date has passed, so you can chase your request if needs be.
According to this official timeline, Tom’s response was due by March 24 at the latest, but in their acknowledgement, the Welsh Government had said that they would reply by March 14, so his reminder wasn’t necessarily premature.
March 24, 2016: refusal received
The Welsh Government did reply within the time-limit, albeit on the last possible day.
Their response confirmed that they did have the information Tom had requested, but stated that it was exempt from disclosure under Section 43 of the Freedom of Information Act, which relates to commercial interests. Use of this clause requires the authority to show that the public interest in withholding the information is greater than the public interest in releasing it.
Same day: review requested
When you receive a refusal in response to your FOI request, you might think that there’s nothing more you can do — but, as WhatDoTheyKnow’s automated advice explains to users in this situation, you have the right to request an internal review.
Tom did just that, quoting ICO guidance on commercial interests, noting that the Welsh Government had previously published information on grant funding given to other companies, and particularly, pointing out an apparent misreading of the meaning of ‘public interest’ on behalf of the Welsh Government: “The public interest here means the public good, not what is of interest to the public”.
“What frustrated me was a refusal in the Welsh Government’s response to engage with the specific case. I had seen them produce a lot of very similarly worded replies to a range of FOI requests. I spent a lot of time reading previous judgements by the Information Commissioner, and felt I had a strong case.”
Why do you think the Welsh Government might have been so reluctant to release this figure? As you mention, figures for similar deals had been released in the past.
“A lot of people have found this reluctance odd. It has also been suggested to me, by a couple of well-placed sources, that the figure they have now released is just one part of the support the Welsh Government has agreed to provide to Aston Martin.”
April 26, 2016: review reminder, response, referral to the ICO
Tom knew his rights and as he mentioned in this follow-up — two days after he should have received a response — “ICO guidance suggests that if the 20 day limit is to be breached, I should have received an email telling me this, and the reasons for the delay”.
Whether because of this reminder or not, he received his response that same day. The Welsh Government’s own internal review concluded that they had been within their rights to withhold the information under Section 43 of the FOI Act.
Again, this is a point at which many requesters might give up, and again it’s one where WhatDoTheyKnow can inform you of your options. If you believe that an authority is withholding information which it should have released, and you have been through the internal review process, you can refer the case to the ICO.
As this part of the process happened outside WhatDoTheyKnow, Tom helpfully left an annotation on his request page.
December 6, 2016: amendments from the Welsh Government
While the case was with the ICO, the Welsh Government sent a further response to indicate that they were changing their reason for exemption: they were now relying on two different sections of the FOI Act: 29(1)(b), the economy, and 36(2)(c), the effective conduct of public affairs, details of which you can see in this response.
Tom left an annotation to say he’d alerted the ICO to the change in defence, along with some counter-arguments.
May 31, 2017 ICO ruling
ICO decisions do not generally come quickly, but it can certainly be worth lodging your complaint with them.
June 2, 2017, information received
Two days later, the sum was finally disclosed, and can be seen here.
– Now that you have the information you requested, will you be using it any way, or are you simply content that it’s now in the public domain?
“I’m happy it’s out there now. But I’m definitely considering whether I can squeeze out some more details about how else the Welsh Government is supporting Aston Martin.”
And of course, that path is also open to anyone else who’s interested in this deal. There’s lots more that could be requested through FOI, from what the exact wording of the contract is, to how the outcomes will be monitored, or how the money is to be paid (the ICO decision notes that no payments had been made as of April 2017; if they are made in the future, they might be pro-actively published on the Welsh Government site — or, if not, someone might need to make another FOI request in order to obtain them).
If you do make a related request, please do mention it in an annotation on Tom’s request so that others can easily find it.
This was a long story
As you might expect, at mySociety we are strongly in favour of the citizen’s right to information under the FOI Act.
Naturally, we prefer it when information is released without a hitch. But those aren’t always the best stories: we hope that by highlighting examples like this, where WhatDoTheyKnow users have shown tenacity and determination, we can show that if you have a valid request, it’s worth sticking to your guns.
WhatDoTheyKnow makes it straightforward for anyone to request information from public authorities. Your donations help us.Donate now
Image: Adam Court (CC by/2.0)
Just like many others, we at mySociety have been appalled and shocked at the Grenfell Tower fire which struck last week. That shock has only deepened over the weekend as the confirmed death toll has risen and more facts have emerged.
As both the public and the media search for the ‘why’ behind the story, strands are emerging which point to political mismanagement, inequality, long-term neglect and deprivation, shortsighted cost-cutting, rule bending, and following the letter, rather than the spirit, of the law.
Residents of the tower had raised multiple concerns about the risk of fire, only to have their requests dismissed. As our CEO Mark Cridge says, ‘Simply put, this is a totemic example of what happens when citizens fail to have influence over those with power.’
Everything mySociety does is about giving citizens more influence over those with power, so that puts Grenfell very much within our purview.
We recognise that there are deep, intractable issues around this terrible incident. We’ll be thinking more deeply about what we can do in the long term, and we’ll be returning with further thoughts once we’ve had a chance to discuss the best way forward.
But for the moment, we have services which you might wish to make use of right away.
If you want to help campaign
The first instinct of many, after an event like this, is to campaign for change or justice.
At this stage, facts are still emerging. If there’s information that you think might help, but which hasn’t yet been covered, you can use Freedom of Information to lodge a request with a relevant public body, on our site WhatDoTheyKnow.
Note that this is not necessarily a speedy process (while authorities must provide the information if they hold it, in most cases*, the process can take up to 20 working days); if you have personal concerns, see below for our advice on getting quick answers — but if there is information which you think should be in the public domain and which does not yet appear to have been requested, you may wish to lodge your own FOI request. It’s very easy, and WhatDoTheyKnow also publishes the whole correspondence online, meaning the information is then available to all.
In fact, over the last few days, many have already used this avenue to request information:
- Request to see the tender for the provision of cladding
- How missing and unaccounted-for people have been counted
- Details of insurance on the tower
- Numbers and demographics of tenants
- Income and repairs expenditure
- Details of the 2013 emergency fire test
- Date of the last fire test
- Further details on the cladding, fire alarm and sprinklers
If any of these requests are of particular interest, you can use the ‘follow’ button to receive an email when they are updated, e.g. when a response comes in.
Or if you would like to make your own request (remembering that you shouldn’t replicate anything that’s already been requested — just follow those requests if you want the answers) here are some relevant authorities:
- Royal Borough of Kensington and Chelsea The council in which Grenfell Tower is situated
- London Fire Brigade The service which ran rescue and firefighting operations
- Kensington and Chelsea TMO The Tenant Management Organisation, or Arms-Length Management Organisation (ALMO) which managed the tower
- Metropolitan Police
- All ALMOs (for those who wish to ask for information about other blocks)
- All Housing Associations Note that, unless publicly owned, housing associations are not subject to FOI; however they are included on the site for the reasons you will see at the top of each housing association’s page on WhatDoTheyKnow, like this one.
Also: while only publicly-funded organisations are covered by the FOI Act, note that you can ask any council for, say, contracts, minutes of meetings or sums paid to contractors or housing associations, which may cover much of what you need.
Lobby for change
Another way to campaign is to contact your MP and make it clear what action you would like them to take, whether that is a question asked in Parliament or to push for new legislation. You can see who your MP is and send them an email on our site WriteToThem.
If you want quick answers
Your local representatives are there to offer help and answer questions.
If you live in a towerblock yourself, and especially one that has been recently retrofitted with cladding, you may, understandably, be worried. In fact, some of the requests on WhatDoTheyKnow reflect just that concern:
- Cladding on other tower blocks – reassurance needed
- Is Katherine’s Court in Spring Boroughs similar cladding to Grenfell Tower
- High Rise blocks in Wood Vale
But like we’ve already said, FOI requests can take time. If your block is council-owned, you’ll get the quickest information — and hopefully, assurances — via your council, and you can get support from your local councillors. Even if your block is privately-run, you may find that they can help, with information about local legislation or suggestions for the best contacts to follow up.
WriteToThem also covers councillors. You don’t need to know who they are — just input your postcode and the site will guide you through the process of sending them an email.
What we will be doing
We’re still discussing the best way that mySociety can help, and we’ll be following up with a more considered response once we’ve come to some decisions.
Some ideas have already been suggested, from a FixMyTowerblock version of FixMyStreet, allowing residents to lodge concerns which would then be in the public domain (as well as being sent to the block’s management), to a site co-ordinating the needs of victims.
Whatever we do, we want to make sure it’s genuinely useful — whether that means using our own resources, or supporting others who use our Open Source code to power their own projects. So watch this space and we’ll let you know how our discussions go.
*Unless covered by an exemption.
OpenStreetMap is a project that creates and maintains maps all over the world, putting them out as open data that anyone can use.
While many additions are made by on-the-ground volunteer contributors, the input of other data sources allows OpenStreetMap to make leaps and bounds in its coverage, as you might imagine. But using such data is only possible if it can be reused within the terms of OSM’s share-alike open data licence, the ODbL.
And that’s where we pick up the story of Robert Whittaker, who used WhatDoTheyKnow in the hope of augmenting the OpenStreetMap offerings for Cambridgeshire, UK.
Rights of way
Robert saw a chance to add better data on public footpaths, bridleways, and byways in the county to OpenStreetMap. He explains the background:
“Councils have a legal duty to maintain an official list and physical map of rights of way, but most councils — including Cambridgeshire — also maintain an unofficial digital map as well. It was the underlying data behind the digital map that I was after.”
Not just for OpenStreetMap, though — the project’s reuse policy means that once they’ve put the data in place, it’s available for others, too.
“Having this data — and the right to re-use it — will allow people to create their own maps of the Rights of Way and mix the data with information from other sources. This would then allow, for example, routing software to plan walks using Public Rights of Way and other roads.
“Cambridgeshire was one of the few councils, until recently, that was not making the data freely available.”
The right to ask
So, how do you go about obtaining something like this? If you’re familiar with Freedom of Information or its close neighbour EIR (Environmental Information Regulations), they provide an obvious route, as these pieces of legislation provide us all with the right to request data from public authorities. Robert was very familiar:
“I’ve made quite a few FOI and EIR requests over the years, mostly through the excellent WhatDoTheyKnow.com. A lot have been for data that will be useful to OpenStreetMap mappers, but I’ve also made requests to gain information about the workings of public authorities, either to inform campaigns, increase transparency, or expose poor decision-making.
“I think the first FOI request I sent personally was in 2006 to my university to ask for the specification and testing details for an out-sourced student-facing web-app that had a particularly poor user interface. It was to inform a campaign by the Student Union to get improvements made.”
With this experience in his background, EIR and FOI were the natural routes for Robert in obtaining this data. He made three requests: first, asking for the GIS data, then, to request permission for its reuse; and finally for the related written descriptions.
The right to refuse
Unfortunately, the requests did not go as smoothly as he might have hoped. That first request was back in August 2014, and if you read through the stream of responses and annotations, you’ll see that Robert experienced almost the full set of obstacles that can get in the way of an FOI response — from the council simply not responding in time, to their responding with only parts of the data he had asked for, and citing rules which didn’t apply to the situation in hand.
It’s a good thing that Robert is both well-informed and tenacious, as surely these hurdles would have proved discouraging, if not completely off-putting, to many requesters.
Much of his argument pivoted around a specific exemption — a clause which allows an authority not to provide data under certain circumstances, in this case, the enticingly named EIR 6(1)(b).
“EIR 6(1)(b) allows public bodies to refuse to provide information in a specific form or format, if it’s already publicly available and easily accessible in another form.
“The council argued that because they had an online map available on their website, the information about the rights of way was already available and so 6(1)(b) meant they could refuse to release the underlying data.
“I successfully argued that the map was only a summary or approximation of the underlying data I’d requested. That data contained the actual coordinates of the points and the lines joining them to make up the routes. I think one of the key arguments was that given the data you could generate the map, but given the map you could not recreate the full underlying dataset, you could only obtain an approximation to it.”
The (almost) right outcome
Robert was ultimately successful in his first two requests, two and a half years after making that initial request. The third is still being contested.
“It’s been frustrating, but eventually worthwhile. I’m annoyed at how long it has taken to get to the end, and also annoyed at the public money that the Council has wasted in prevaricating and trying to withhold the information.
“I think the ICO probably needs more resources to be be able to investigate cases more promptly. I also think it should take a stricter line with public authorities that frustrate requesters or the ICO’s investigations. The ICO already has some additional powers that would help here, but they seem reluctant to use them, even though doing so could speed things up significantly.”
But even while we await the outcome of the final request, Robert’s patience has already begun to pay off:
“I’ve already loaded the data into my comparison tool to help mappers improve OSM. Also, thanks to Barry Cornelius, the Cambridgeshire data is now available from his site in a number of different standard formats, for anyone else who wants to use or view it.”
We run WhatDoTheyKnow so it’s easy for anyone to make an FOI or EIR request — and your contributions help us carry on doing so.Donate now
About six million people a year visit mySociety’s Freedom of Information website WhatDoTheyKnow.com; there are well over 100,000 registered users, and over 385,000 requests have been made via the service.
Of course, it’s fantastic that WhatDoTheyKnow is so well used, but the growth and popularity of the site brings its own challenges, not least the day-to-day admin that keeps the site running.
Many aspects of the site’s operation are run by volunteers, supported by mySociety’s staff and trustees — and due to the site’s success we’re looking to expand the volunteer team.
What does volunteering involve?
The work is pretty varied, but there are some frequent and recurring tasks:
Dealing appropriately with requests to remove material from the website
This is one interesting challenge which arises fairly often. Sometimes these requests are from public bodies who’ve released information they didn’t mean to; and they can also come from individuals and companies who are named in correspondence on the site.
These decisions are not always as black and white as you might expect. Some recent examples where we had to carefully consider the balance on both sides were:
- Material which Transport for London were concerned could be used to steal a tube train. We considered: was this a genuine risk? Was our publication really increasing the risk? Was the information already available elsewhere? What was the potential value of publishing the information to tube staff and their representatives, travellers and the wider public?
- Sainsbury’s were concerned that published material didn’t reflect their corporate policy on “workfare”. That may have been the case, but we asked ourselves whether that made it inappropriate to continue to publish the information that had been released. Additionally, where did the public interest lie? What legal risks were there arising from continued publication?
Responding promptly and accordingly to accidental releases
Thankfully, the frequency with which public bodies accidentally release personal information in bulk via Freedom of Information responses is decreasing, but the WhatDoTheyKnow team still have to act promptly when this does occur.
We often help users on both sides of the FOI process. For requesters, we can answer questions about FOI and how to use it, and we also work with the staff of public bodies who are at the receiving end of requests.
And all the rest
There’s always more that can be done to promote the service, draw attention to interesting correspondence on the site, and lobby for improvements to our access to information laws.
The wider team at mySociety help people around the world to establish and run their own online Freedom of Information services; and new features are being added to the UK site to make it more attractive to professional users such as journalists and campaign groups. Volunteers have the opportunity to get involved in these activities, helping steer the direction of new projects, based on their frontline experience of being a site administrator.
Keeping the database of thousands of public bodies up to date is another challenge, especially given the frequency of reorganisations in the UK’s public sector.
We work primarily by email, with regular video conferencing meetings, and occasionally meet up in person.
As a volunteer, you can decide how much time you put in, and what aspects of running the service you decide to take part in — but ideally we’re looking for people who can spare at least an hour or two, a couple of days a week.
We understand that people’s external commitments vary over time, and of course, there’s a flexible approach if a team member needs to step away for a stretch now and then.
What makes a good WhatDoTheyKnow volunteer?
There’s one characteristic that all the WhatDoTheyKnow volunteers have in common: a belief in the value of Freedom of Information, or, more widely, the expectation of transparency and accountability from the bodies which citizens fund.
As for practical skills: perhaps you’ve been involved in moderating discussions on the web, or have experience with access to information, defamation, or data protection law. Or perhaps you have, or would like to gain, experience dealing with “customers” by email.
Primarily we’re looking for people capable of making good judgements, and who can communicate clearly online.
Before joining the team, new volunteers will have to agree to follow our policies covering subjects such as security and data protection. That said, part of the role may be, if desired, taking a part in developing and refining these, and other, policies as the service grows and changes.
How to apply
If helping us run WhatDoTheyKnow sounds like the kind of thing you’d be interested in doing, then please do apply to join us.
We only have the capacity to bring on and train a few volunteers at a time, and it is important that those chosen to help administer the service are trustworthy and committed to its policies, direction and non-partisan stance. For these reasons, we are recruiting volunteers via a formal application process.
To apply please write to us before the 20th of March 2017, introducing yourself, and letting us know about any relevant interests or experience you have.
What do we offer in return?
As a volunteer, the main reward comes from the satisfaction of assisting users, making good decisions, and helping run what is fast becoming a key part of the country’s journalistic and democratic infrastructure.
Volunteers may be invited to mySociety events and meet-ups, providing a chance to take part in discussions about the future direction of the service and the organisation’s activities more generally. There have been a number of conferences held, where those running Freedom of Information sites around the world have got together to share experiences: one or more volunteers may be invited to join in, with travel expenses paid.
Other ways to help out
If volunteering to join the WhatDoTheyKnow team isn’t for you, perhaps there’s something on mySociety’s Get Involved page that is — or you could:
Image: MarkBuckawicki [CC0], via Wikimedia Commons
The Police Federation of England and Wales is the latest body to be added to WhatDoTheyKnow.
Thanks to the Policing and Crime Act 2017, which came into force on January 31, the Federation is now subject to Freedom of Information. That means that if you make a request for information which they hold, under most circumstances they must provide it.
These new responsibilities were announced by Theresa May back in 2014 when she was Home Secretary:
I will bring forward proposals to make the Police Federation – that is, the national organisation and all the regional branches – subject to the Freedom of Information Act.
I know that some of you will find these changes unpalatable. In particular, I know that some of you will find the Freedom of Information Act an unwelcome intrusion. But the Police Federation is an organisation created by statute, it serves a public function and the Normington Review demonstrated very clearly that it is an organisation in need of greater transparency and accountability. So it is a change that I believe needs to be made.
Whether it was found unpalatable or not — it happened. Accordingly, that’s now reflected on WhatDoTheyKnow, so if you have a burning question for the Federation, now is the time to ask.