The Equality Act of 2010 requires that disabled people are not disadvantaged by any ‘provision, criterion or practice’. You might be familiar with its implications in the workplace or in providing customer services, but the law also applies to the public realm.
If we’re thinking about streets, for example, certain clauses of this Act mean that councils have a duty to ensure that access is as easy for a disabled person as it is for anyone else.
We’ve recently become aware of people making good use of our Freedom of Information site WhatDoTheyKnow to challenge cycle routes that are impassable for some, for example where a cyclist would have to dismount to get past, or where an adapted bike or tricycle would not fit through the space allowed.
“I’m honestly shocked at how easily FOI can get results”
The request-makers identify barriers to access, and ask the relevant authorities to confirm that all requirements of the Equality Act have been adhered to in their implementation, from the carrying out of an impact assessment to the making of ‘allowances and accommodations’ for those that need them.
It’s easy to find such requests by searching for the term “Was an Equality Impact Assessment carried out at this location” on WhatDoTheyKnow, which brings up several examples.
These FOI requests have been inspired by a request-maker going by the name of Heavy Metal Handcyclist, who provides a template for others to use as an example — and whose WhatDoTheyKnow account shows him using the Act to very good effect himself, as for example with this request picking up on some obstructive barriers in Warrington. And he gets results: in this case the issue was dealt with constructively by the authority concerned; and a request to Warwickshire County Council will mean that some ill-placed new barriers in Clifton upon Dunsmore, Rugby will be removed:
We came across this little seam of activism thanks to an article by Jamie Wood, in which the author writes affectingly about how cycling has returned to him some degree of the independence and mobility that his Multiple Sclerosis took away: he goes on to say, however, that there are frequent frustrations in the form of paths blocked by thoughtlessly-placed bollards, posts and barriers that he can’t navigate on his tricycle. Constructive engagement and polite letters to his local council didn’t do the trick, and so he turned to activism.
“In the vast majority of cases, an FOI request should be enough, with no need to resort to legal means.”
Describing his learning curve, Jamie pointed to the Heavy Metal Handcyclist as well as to this letter on Doug Paulley’s DART website — which brings us full circle, as Doug is a WhatDoTheyKnow volunteer as well as an accomplished campaigner on accessibility for disabled people.
As Doug quotes on his site, court cases have established that:
“The policy of the (Equality Act) is not a minimalist policy of simply ensuring that some access is available to the disabled: it is, so far as reasonably practicable, to approximate the access enjoyed by disabled persons to that enjoyed by the rest of the public.”
We admire the level of knowledge and clarity in these requests and we hope that they bring good results. At the same time, we recognise that this sort of work shouldn’t be left purely to the disabled people who are affected by blockades and impediments: we can all keep an eye open for where such barriers may be making paths impassible for some. And, thanks to the examples linked to in this post, it is simple enough for us all to follow their lead.
As Jamie says, “It’s the Equality Act itself that can be only be used by people directly affected; anyone can make an FOI request”.
He also points us towards this report from the York Cycle Campaign, released last week, identifying more than 30 places across the city where the requirements of Equality Act have not been met. Kate Ravilious from the campaign says, “If City of York Council does not step into gear and rectify the problems, they will be forced to take legal action, which could end up with the council having to fork out as much as £50,000 for every person that pursues action via the small claims court.”
But Jamie points out that Freedom of Information is a softer and sometimes more effective first step towards getting these issues fixed: “In the vast majority of cases, an FOI request should be enough, with no need to resort to legal means.”
The Heavy Metal Handcyclist agrees:
“Whilst it is true that local authorities continue to install barriers to access despite their S.149 obligations, it is entirely possible to force almost immediate removal of barriers both new and predating the EA2010 by using a sufficiently pointy FOI request. To date, only one authority has needed further legal action, with officers in almost all the others immediately recognising the problem and addressing the issue quickly. I’m honestly shocked at how easily FOI can get results in this regard.
“WhatDoTheyKnow has been an excellent tool to catalogue and track FOI requests, particularly with regards to time limits.”
Image: York Cycle Campaign
It’s a painful subject to think about — children lost and unaccounted for as they migrate across Europe — but it’s also one that it’s vital to monitor and quantify. 24 investigative journalists from 12 European countries have taken on the job, coming together in the crossborder Lost in Europe (LIE) investigation.
According to their findings, 18,292 unaccompanied child migrants went missing in Europe between January 2018 and December 2020 – that’s around 17 children slipping off the records every day, often into the world of crime, human trafficking and prostitution.
Liset Hamming is an investigative journalist who also runs Wob-Knop, the Netherlands’ Freedom of Information site, on our Alaveteli platform. Last year, she messaged to say that a contact of hers within LIE was starting a new investigation.
Liset would be assisting with sending FOI requests to immigration and border enforcement authorities in 16 European countries. We knew right away that the international Alaveteli network could provide exactly the help required.
We made introductions to partners in Croatia, Czech Republic, France, Germany, Sweden, Hungary, Belgium, Greece and of course the WhatDoTheyKnow team here in the UK. Then via our partners at Ask the EU help was offered for filing requests in Italy and Spain.
These experts were able to help Liset navigate the individual requirements of the FOI regime in each country, pointing toward the relevant authority and translating or refining the wording of the request being made. In some other countries, Liset made her own contacts.
There’s a surprising amount you need to know before you start making FOI requests abroad. The Alaveteli network contacts were indispensable for their ability to answer questions about their local regimes: what law the requests would go under, what authority to request to, whether people from outside the country were legally eligible to make requests, what the deadlines were for responses and what recourse could be taken if these weren’t met. The information gathered from the various in-country contacts was put together with the preliminary research Lost in Europe had done into the availability of documents on child immigration numbers.
Based on all of this, the requests took two different forms: in some places, it was clear exactly which document type needed to be asked for; while in others this was harder to pin down, and so the requests were more exploratory.
This March, LIE ran a data bootcamp for their member journalists, data scientists and designers, as well as any others (including ourselves and our Alaveteli partners) who were involved in the investigation. They had three objectives for this two-day event:
- Analysis of the most recent statistics, figures, calculation methods and the exchange of data between different EU countries
- Identifying gaps in European laws, procedures and regulations in the field of children’s rights and migration
- Pinning down design, communication and clear storytelling around figures and maps, for a broad public readership
The discussions and outcomes of this intensive meetup were invaluable, and so far it has directly resulted in news stories across major publications in the Netherlands, Italy, Germany, Greece, France, Romania and the UK.
In the meantime the 16 requests have been filed and are in progress. The first responses from authorities are ‘dripping in’, as Liset puts it. Some FOI proceedings can take a while, as anyone who ever took up a similar challenge will confirm.
The investigation is still in progress, and you can follow along with its latest file here. As a tangible sign of the value already being uncovered, this strand of LIE’s work won first place in the global IJ4EU Impact Award for cross border journalism. We’re very glad to have been able to assist in this small way to a vital investigation.
- On Transparencia for Belgium: request 1 to the General Directorate of the Administrative Police and request 2 to the Federal Police (‘Total number of arrests at or near the border’)
- On Ma Dada for France: Procès-verbaux de la Police Aux Frontières (‘Border Police reports’) to the Ministry of the Interior
- On WhatDoTheyKnow for the UK: Total number of and reason for charges, checks, requests and/or arrests at the border regarding non EU citizens to the Home Office
- On Imamo Pravo Znati for Croatia: Policijskih izvještaja, izjava, optužbi i/ili zapisnika u vezi s provjerama, pretragama i/ili uhićenjima na granici (‘Police reports, statements, charges and / or records related to border checks, searches and / or arrests’) to the Ministry of the Interior, Zagreb
- On Frag Den Staat for Germany: Festnahme an der Grenze (‘Arrests at the border’) to the Federal Police HQ
- On Handlingar for Sweden: Gränshandlingar mellan 1 januari 2014 och 31 december 2020 (‘Boundary documents between 1 January 2014 and 31 December 2020’) to the Police Authority
- On Arthro5A for Greece (the first four requests ever filed on the brand new Alaveteli site!) συλλήψεις και αρνήσεις στα εσωτερικά σύνορα της ΕΕ (‘Arrests and denials at the Eu’s internal borders’) to the Ministry of Citizen Protection, the Greek Police, the National Coordinating Centre for Border Control, Immigration and Asylum and to the Ministry of Immigration and Asylum.
- Requests to the Ministry of Justice in the Netherlands had to be made by post, as they don’t accept FOI correspondence digitally.
Image: Aude-Andre Saturnio
Info Pro Vsechny (IPV) is the Freedom of Information site for the Czech Republic, run on our Alaveteli software.
Czech civil movement Million Moments for Democracy (Milion Chvilek Pro Demokracii) is currently using the platform to run a campaign, making for an interesting example of how such groups can leverage FOI sites to mobilise support, and to encourage citizens to engage in the democratic process.
Million Moments approached IPV, who were able to advise on the best way to allow their supporters to get involved, as the FOI site’s team explained when we chatted to them recently.
But first, to make sure we understood the context, we had a quick read of the Wikipedia page on the Czech Republic’s Prime Minister Andrej Babiš. It’s fair to say that Babiš is a contentious figure, as demonstrated by no fewer than eight entries in the ‘controversies’ section of that page.
Conflict of interest
Top of the agenda today, though, is a scandal currently under investigation by the European Commission. Babiš was instrumental in decisions to award EU grants to the massive Agrofert conglomerate, a holding company with over 250 subsidiaries across forestry, farming, food, construction and logistics industries, among others.
In doing so, he breached EU legislation. Why? Because he just happens to be the previous CEO of Agrofert.
While Babiš’ shares were subsequently transferred to a trust fund, as IPV told us, the European Commission has ruled that there is still a case to be answered: “They stated that the main fund beneficiary is still Babiš and the conflict of interest has not been resolved. And while they’ve asked the Czech government to act upon their recommendation, things are moving very slowly.”
This was the impetus behind Million Moments FOI campaign, which is currently encouraging their followers to use IPV to ask pertinent questions about this conflict of interest, and to potentially dig up others.
“They want to ensure that the Czech authorities are asking the right questions on behalf of the country’s citizens, rather than sweeping it under the carpet,” explain IPV. “So they’re encouraging people to ask all the institutions and semi-owned-state companies to what extent they deal with companies in the Agrofert holding.
“More questions, more people engaged, more institutions involved — it all puts greater pressure on the Prime Minister and owner of Agrofert.
“And one never knows, we might learn further things about how the state institutions co-operate with Agrofert companies.”
Providing a platform for a campaign
Million Moments provide example texts of the kind of requests their followers could make, pre-written on Google Docs, together with instructions on how to use IPV.
“For example the state still owns a majority share in the globally famous Budvar brewery (brewers of Czech Budweiser, the real original according to many patent law victories around the world!)”
A site for everyone
At mySociety, our charitable status means that we must remain resolutely non-partisan, providing tools for anyone and everyone to use. This doesn’t mean that our partner organisations abroad have to stick to the same principles, though — they will be led by their country’s laws and their own funding structures.
Nonetheless we were interested to ask IPV whether it was a concern for them to be working with a campaign that has a clear political agenda.
They say, “We discussed at some length with Million Moments that the platform should only be seen as a technical facilitator of the campaign. As individuals we might or might not support their goals — but that is irrelevant, really. As an organisation, we’re only interested in providing a clear path for anyone who wants to use FOI to uncover information.
“That comes with some responsibilities. In particular we were concerned that the same few authorities would not be flooded with requests with exactly the same wording, which could incite the dangerous criticism that the platform facilitates spamming or politically motivated harassment.
“We initially suggested the possibility that one “master question” could be put to each authority, and all the other followers could just sign up to follow the requests. However, Million Moments wanted to let people feel they were actively participating, so the compromise is that some examples are offered as suggestions for questions, but in the end individuals decide for themselves.”
A swell in users
The campaign started with a mailout to Million Moments’ 400,000 followers, and this alone has brought a great result for IPV, a site which was operating with a fairly small userbase. When we spoke to them, it had been live for six days.
“We’ve already got over 400 new users”, they say, “which means we’ve increased our total userbase by nearly 25%, and many of these will likely use the site in the future as they are obviously active citizens. Between them, they look to have placed around 200 questions already.
“We’ll be looking to use this campaign as a platform to build up interest from journalists, who are one of the categories of people who can really benefit from using FOI.
“The Million Moments campaign has definitely given us some momentum! The next burst of interest will probably come when we see how the questions are answered…or not.
“But we have to be pleased with such an increase in our userbase in the space of a single week, especially as we’d expect many of these people to return.
“They are the type of citizens we believe the site is made for.”
We share IPV’s interest in this campaign, and will watch with interest to find out how it develops, and what it might uncover. Thanks to the team for keeping us informed — we always love to hear stories from our many Alaveteli partners about how their sites are making change.
Image: Anthony Delanoix
Here at mySociety, before pressing ‘post’, we sometimes pass the wording of a tweet or blog entry past a couple of colleagues, just to make sure it strikes the right tone.
So when we saw emails from the Department of Health and Social Care (DHSC) and the Cabinet Office’s ‘Rapid Response unit’ going back and forth to get the wording of a tweet absolutely correct, we sympathised.
“The quote would need to be shrunk down to fit, what should the main focus be?”
“Have added some bits, not sure what the highlighted section was meant to be?”
“[Redacted] wants us to delete the tweet for relationship management purposes and replace with the below.”
“I’ll check at this end, but isn’t doing that just going to reignite?”
“It could potentially reignite it, yes. But the Mail Online did not approach us for a comment and their headline is very misleading so feel we should rebut with less confrontational language.”
“But you can’t replace a tweet? You can only delete and then go back on the original article with a new comment, so you’re rebutting twice, only the second time around admitting that you went too hard first time? Which just creates another story. Isn’t it better to just leave it?”
Admittedly the DHSC’s predicament was higher stakes than ours generally is — they were responding to a piece in the Mail Online and tackling disinformation about coronavirus statistics. The email that kicks off all this discussion reads:
“Flagging growing engagement with a Daily Mail article claiming that Covid-19 statistics around fatalities and hospitalisation have been twisted to create fear among the public (6.6k interactions).
“Although not very high engagement, the article has now been picked up by several high profile lockdown sceptics such as Simon Dolan and Adam Books.
“Given these damaging claims could affect compliance, we recommend that the press office contact the Daily Mail to make them aware of the public health impact, and if possible, include a government line in the article.”
For those who work in communications, and perhaps everyone else too, it is quite interesting to see the authority’s rebuttal process roll into action, with each statement requiring sign-off by a named person, presumably for accountability purposes (these names have, though, been redacted before release).
Available thanks to FOI
How did we come to see these internal memos? Because a WhatDoTheyKnow user requested them under the Freedom of Information Act.
We can’t know this user’s intent*: were they hoping to reveal evidence that there is indeed a governmental coverup over lockdown, or perhaps to argue the case that there is none? Either way, it seems pretty clear from the released email threads that if there is a conspiracy at play, the staff frantically scrambling to get the right message out to the public don’t know about it.
This request is also notable because the user, spotting that the authority had not provided everything they had asked for, requested an internal review, as is anyone’s right if they believe their FOI request has not been handled correctly.
To DHSC’s credit, they did go on to provide the missing data, and also went out of their way to give some background information “outside of the scope of the FOI Act, and on a discretionary basis”.
It’s worth noting that, for all the effort put in by DHSC’s communications team, however, Mail Online does not appear to have amended the article.
FOI as fact-checker
As we’re in the midst of a fast-changing pandemic situation, it’s perhaps inevitable that there’s lots of misinformation and confusion flying around at the moment — and thanks to social media, it spreads fast.
Freedom of Information requests can play one small part in countering ‘fake news’, by bringing background information into the public domain, helping us understand the full picture a bit better.
Is it always useful for such data to be public? That’s a matter for debate, and a question that is baked into the ICO’s FOI guidance for authorities.
We’ve been doing some in-depth work around exemptions recently, so it is interesting to see COVID-related requests like this one about ill-effects of vaccines in the light of Section 22 exemptions, which cover ‘information intended for future publication and research information’. We suspect a Section 22 exemption may be applied here.
That request is for Adverse Drug Reaction (ADR) data, and includes the instruction, ‘This information should be made available now as raw data, not held back to be accompanied by any analysis.’
Would that be desirable, or is the release of raw data just opening the door wide for potential misinterpretation and the drawing of erroneous conclusions?
When applying a Section 22 exemption, the ICO says that the authority must perform a public interest test to assess whether there is more public good in releasing the requested information than there would be in withholding it.
Their guidance specifically notes that “In most instances public authorities will not be able to argue that information is too technical, complex or misleading to disclose, or that it may be misunderstood or is incomplete, because they can explain it or set it into context.”
And so, the ideal scenario is that the data is released, with robust explanations and in a way that can be understood by all. That would be a great outcome made possible by FOI**.
* UPDATE: The request-maker has now added an annotation which explains their intent.
** UPDATE: Vaccine adverse reaction data is available, with context, on the GOV.uk website.
Image: Garry Butterfield
Kids in Scotland can start school at the age of four and a half, if that makes sense for them. The school year begins in August, and any child who turns four from the February before can enter Primary 1.
But not every child is ready to progress from nursery to school, just because they’ve hit the age when they’re legally able to.
We spoke to Patricia Anderson from the Give Them Time campaign about how Freedom of Information requests, sent via WhatDoTheyKnow, helped them get the law changed. From 2023, those kids who aren’t quite ready for school will still be able to benefit from more nursery time — and their parents will be able to rest easy that they won’t be charged fees for that extra year.
A confusing state of affairs
We began by asking Patricia to explain a bit more about the campaign, and to spell out the underlying issue for us.
“Give Them Time is a grassroots movement which evolved in 2018 from parents across Scotland sharing their own, often difficult, experiences of applying for a further year of nursery funding for their child”, she told us.
WhatDoTheyKnow has had an absolutely invaluable impact on the campaign.
“No child in Scotland is legally required to be formally educated in Scotland until the August after they turn five years old. Therefore, any child still aged four at the school commencement date in August doesn’t need to start school (or be home educated) until the following August a year later.
“This is set out in the Education (Scotland) Act 1980, section 32, sub-section 3. However, currently only those with January and February birthdays have an automatic entitlement to a free further year of early learning and childcare (nursery) whereas those children who turn five after the school commencement date in August and by 31st December have to apply to their local authority to be considered for this funding.”
So in other words, while there is a recognition in law that any four-year-olds should have the option to defer, parents have to apply for the relevant funding for all but the youngest (those with birthdays in January or February), but have no certainty that they’ll receive it?
“Yes”, says Patricia. “There seemed to be a lack of awareness of the legal right to defer any child who hadn’t reached the age of five by the school commencement date, as well as a lot of misinformation being passed around about whether parents could even apply to their local authority for funding for a further year of nursery or not.
“With this in mind, I set up a Facebook group called Deferral Support Scotland in May 2018 as I felt there wasn’t a central place where parents could go to find out more about deferral options and what the process was for applying for continued nursery funding in their local authority area.
“Three weeks later, after hearing disturbing stories of parents’ experiences which indicated varied practices across the country, members of the Facebook group decided to set up a campaign for a more transparent, consistent and child-centred approach to so called ‘discretionary’ deferrals. And so, Give Them Time was born.”
FOI for gathering hard evidence
As with so many campaigns, Facebook had proved to be an effective space for gathering like-minded folk together, and a catalyst for action. But how did Give Them Time move from Facebook to the use of Freedom of Information requests?
“We realised from the outset that to be taken seriously, we needed hard evidence of national disparities rather than anecdotes, so that’s when we started submitting FOI requests to all local authorities across the country. We wanted to establish whether the anecdotal accounts could be supported by factual data.”
WhatDoTheyKnow was very easy to use and the transparency it provided appealed to us, as we felt it would further enhance the credibility of the campaign.
FOI was just one of the tools used by this savvy campaign, as they realised that data could be well supplemented with parents’ real life stories.
These testimonies demonstrated the issue well, with one parent saying, “They knew but seem to try to put you off the idea, make statements like ‘they’ll be fine’, etc”.
Others pointed to the stress and frustration of the bureaucracy and mixed messages they had to navigate, all while contending with worries about what was really best for their own child. Patricia explains how the campaign gathered these comments:
“We used online surveys to gather evidence about people’s experiences of finding out about and applying to their local authority for continued nursery funding. The quantitative data provided by the FOI responses supported the findings of our qualitative surveys.”
You can see all the data, qualitative and quantitative, on the Evidence page of the campaign’s website.
The benefits of using WhatDoTheyKnow
Using FOI is one thing, but the decision to do so via WhatDoTheyKnow does not always follow — so we were curious to learn what had informed the campaign in doing so.
This WhatDoTheyKnow website is an absolutely phenomenal tool to have freely available to the public. It helps the public to use FOI legislation in the way it was intended without fear.
“I discovered WhatDoTheyKnow by chance when searching online for deferral information. It was very easy to use and the transparency it provided appealed to us, as we felt it would further enhance the credibility of the campaign.
“It’s very easy to share a link to an FOI response on WhatDoTheyKnow rather than search through emails and forward them on. It also removed the fear we had of potentially sharing confidential information by mistake as responses are published by WhatDoTheyKnow on the internet, and councils know this will happen in advance so it removed the onus on us to police this.”
This was great to hear, as while we’ve heard many benefits to using WhatDoTheyKnow through the years, we don’t think we’ve heard this precise one before. Of course, the ease of publicly linking to a webpage is something that we appreciate, but the added dimension of mitigating the risk of sharing confidential information was a detail we hadn’t considered (and of course, that’s not to say that authorities don’t sometimes make mistakes, but it does add that extra layer of protection, for sure).
Patricia added that WhatDoTheyKnow was integral to their success:
“WhatDoTheyKnow has had an absolutely invaluable impact on the campaign. The credibility it helped us to achieve, as well as the actual data provided by the FOI responses, enabled us to successfully lobby the Scottish Government to change the law.
“On 7 December 2020, the process was started to amend existing legislation so that from August 2023, any four-year-old deferring their primary one start will automatically be entitled to a free further year of early learning and childcare.”
You should use it, too
Finally, we asked if Patricia had any advice for anyone else wondering whether to use FOI for their campaign, or to help bring about a change in the law.
“Don’t hesitate to use it. This WhatDoTheyKnow website is an absolutely phenomenal tool to have freely available to the public. WhatDoTheyKnow helps the public to use FOI legislation in the way it was intended without fear.”
We often cover stories of corruption, injustice, finance and other very adult topics — and while those are all crucial matters that deserve transparency, it is also very gratifying to hear about the site being used to benefit thousands of children and their families, in a way that hurts no-one and removes worry and frustration for many. Well done to the Give Them Time campaign.
Image: Jelleke Vanooteghem
If you were putting in a claim for benefits, challenging an accusation in court or phoning in sick to your employer, would you expect your local authority to be checking your social media presence?
How do you think a stranger might assess you as a parent, were they to skim over any public posts on your Facebook page? If you’ve been on a protest recently, would you be comfortable knowing that your local council was combing through any photos you’ve shared?
A Freedom of Information investigation by Privacy International, using WhatDoTheyKnow Pro, has discovered that a significant number of local authorities — 62.5% of those responding to their FOI requests — habitually monitor citizens’ Facebook or other social media profiles to gather intelligence.
What’s more, the majority have no policy in place or measurement of how often and to what extent these investigations occur.
If this concerns you, the first thing you should do is check that your social media privacy controls are up to date. Then you might like to go and read Privacy International’s full report, as well as checking how (or whether) your own local authority has responded to their requests for information.
And finally, you can join Privacy International’s call for stronger guidelines from the Investigatory Powers Commissioner.
Just… maybe think twice about putting it in a public Facebook post?
We’re only joking, of course. Or half joking.
Issues like this need to be shared far and wide. But as Privacy International point out, there are already sobering instances from abroad of threats to those following anti-government accounts. With so many completely unexpected changes to the status quo recently, can we say for certain that it could never happen here?
Image: John Schnobrich
Freedom of Information was one tool used in a coordinated campaign to prevent a council from selling off a large part of its property portfolio — including many social housing homes.
Councils, strapped for cash during austerity, have been looking for other ways to raise revenue. As we saw from The Bureau Local’s sold from under you investigation, that has often meant selling off public land and property.
But that can only be done once — the asset, and the benefits from it, are then gone. And when the properties in question are homes, there’s a significant human cost too.
The Stop Haringey Development Vehicle campaign (SHDV) successfully prevented a property deal that would have brought about the demolition of some of the borough’s biggest housing estates so that the land could be redeveloped for enormous profits.
The role WhatDoTheyKnow played was invaluable in terms of us seeking and often finding a wide variety of data to inform our campaigning, publicity and political pressure.
It was a campaign that gained press attention and community support. It went as far as court, with substantial legal costs covered through crowdfunding.
Hilary Adams told us how SHDV used our Freedom of Information site WhatDoTheyKnow, not just to send FOI requests but also to comb through the requests that were already published on the site to see what previously-released information might be useful.
Back in 2017 Haringey council planned to set up what is known as a Joint Venture Vehicle — basically, a business arrangement between a number of parties — with Lendlease, an Australian multinational property developer.
Hilary tells us, “The deal was widely advertised as having the potential future value of £2 billion. Half the property would have been given to Lendlease, everything to be owned 50/50. The company was not expected to pay, but rather would have borrowed money to use to develop the land, then sell many of the new properties.
“The first part of this plan would have included the transfer of Northumberland Park Housing Estate, one of the largest in Haringey, along with many other smaller estates and individual social housing properties.
“Those properties would have been demolished and replaced with largely private housing with reduced tenancy protections for any remaining social housing tenants.”
But the council had not foreseen the degree to which the community would fight for their homes, and for the right to be included in major decisions that affected their borough.
Before the HDV I had never submitted an FOI request before — WhatDoTheyKnow made it really easy.
Hilary says, “This was a broad-based opposition, both from members of political parties and many other local individuals in the community.
“We feared, with good reason, that much of the social housing would be lost in this process. The sale would have, on day one, included the whole of the Commercial Portfolio of the council which amounted to a value of many millions. It also included the majority of council offices and other properties.
“The second part of the plan would have included Broadwater Farm estate, another very large social housing estate, with a view to demolition and redevelopment with mostly private housing.”
As well as the potential loss of countless homes, with no promise of rehousing within the borough, the plan was being implemented with very little scrutiny.
The councils’ assessment reports were not publicly shared — and the only consultation held was an informal survey at a fun day, asking whether people supported ‘better quality housing’. Of course, most said yes!
FOI as a campaign tool
One of Hilary’s contributions to the campaign was in the assessment of information released through existing FOI requests, and in the putting in of new requests to fill the data gaps.
“I attended a meeting where a local councillor spoke about the plans for the HDV. She had recently been elected and was horrified by what she had discovered.
“Once the campaign had started up, it was this same councillor that suggested I should use your site to coordinate the questions we might need to ask. I became the lead on this part of the campaign, although it was not my only area of work.”
How FOI helped
“The role WhatDoTheyKnow played was invaluable in terms of us seeking and often finding a wide variety of data to inform our campaigning, publicity and political pressure.
An FOI response can help focus on a key set of facts from a sea of too much detail.
“I took responsibility for collating information that was already on your site and pertinent to us, and also for working out what further questions remained that we might need to ask.
“We had a team issuing the requests, and I kept track of all the responses. That information was all collated and summarised by me and several reports compiled for use with both our media contacts and for our legal challenge.
“Without your excellent site this task would have been virtually impossible. As I am sure you can imagine, even with the site it was a gigantic task and I spent more hours of my life than I would have liked reading some of the most boring and irrelevant responses!”
At this point, we must nod towards our WhatDoTheyKnow Pro service, which was in development at the time — but which would definitely help any future campaign with the donkey work of a mass FOI project.
What was uncovered
Hilary continues: “With diligence some gems of information came to light, some of which was already in the public domain — that often feels like it is hidden in plain sight and so our questions led to documents we otherwise might not have thought to consider.
“One element which came up repeatedly, and which helped to sway public opinion was the regularity with which meetings were held, yet no records were kept.
“I eventually collated all of these together, showing a pattern that led us to believe there was a degree of secrecy at play. Public money and resources were being disposed of yet much of the supposedly transparent decision making was anything but.
“Another influential element revealed via FOI was that the property developers were meeting regularly with not only key council officials, but other significant public bodies. These meetings were officially consultative, yet clearly the minutes showed them making important decisions as to how Tottenham should be redeveloped. No representatives of local residents or small and medium local business had any equivalent access to the public authorities in this way with all the direct and indirect influence implied.
“And while councillors were verbally assuring the community that social housing was protected, in reality the paperwork showed commitment only to 31% affordable homes — a very different concept to actual social housing at council rents, which were not secured in the plan. In Haringey there were something like 10,000 on the waiting list, and we could find no evidence, despite verbal assurances, as to how anybody would eventually be housed.
“We also found repeated examples of large amounts of public money being given to developers who would later make significant profits.
“All of this resonated strongly in the community and was fuel to the fire of the campaign both from a media and public opinion perspective.”
Publicity for the campaign
Freedom of Information also came into its own by providing the basis for press coverage.
“We received significant media interest, and the ongoing information we were getting was useful, as new information would act as a focus for a fresh round of media attention.
“I put together a compilation of FOI responses in the hope that by saving journalists work, we would encourage attention on the issues that caused us most concern.
“Each new revelation that we were able to publicise had the effect of building opposition to the scheme and strengthened the campaign against it. We developed a good relationship with a Guardian journalist, Aditya Chakrabortty, who took a personal and long term interest in the issue.
“In this article, for example, he makes direct reference to something we discovered via FOI: the existence of a shadow board, consisting of council officers and an elected councillor, which was set up prior to the council agreeing formally to the HDV with Lendlease.
“This is a good example of how facts can be hidden in plain sight. Nobody opposed to the HDV had been aware of this until it was revealed in an FOI response. It had been included in one line of a 650 page council report, but few people read every document.
“As this article reveals, this was only one of many vast collections of documents relating to the HDV. In that context, well placed questions can shed light on otherwise hidden corners.
“Naturally we needed to read all the documentation, and there were a few people involved in the campaign who would do so. An FOI response, however, can help focus on a key set of facts from a sea of too much detail.”
FOI contributing to the court case
“Just as with the journalists, I compiled a summary of the FOI responses we felt were most useful, and this was used by the legal team in their preparation.
Without your excellent site this task would have been virtually impossible.
“We lost the legal case, but the one element found in our favour was that the council had failed in their duty to consult.
“That information had been confirmed by FOI requests, by virtue of the limited response. They had been unable to provide much detail in relation to consultation, thus proving that nothing meaningful had taken place.
“However, we were deemed to be out of time and the court case fell. Having said this, we had never expected to win the whole campaign via the courts. Any win would have only meant that they would be required to amend the process — the law would never have stopped the entire plan. We did not doubt they had the legal right to do it: we simply felt that it was not in the best interests of the people of Haringey.
“Our main aim was to delay the signing of the contact with Lendlease long enough that new councillors would be in place and they would vote against the scheme. Unless we had amassed enough information to convince the court to allow the case to be heard, we would not have gained that delay: while the result was awaited, the council were prevented from signing any contract.”
Looking back and looking forward
A new council was voted in with members more sympathetic to the cause; that council halted the HDV and the campaign was eventually won after two long hard years. But is that the end of it?
Hilary reckons so, for now at least: “The nature and vast size of the proposed HDV scheme was unique, and unlikely to be attempted again in the next decade.
“Yes, our campaign had a huge impact, but we think the whole scheme was in danger of collapsing anyway because it was such a bad idea. It had few guarantees of success, and there were many ways in which it could have failed without any intervention from ourselves.
“However, that failure would only have become apparent long after the public land and properties had been privatised, after which we would simply never have got them back.”
And while the campaign succeeded, we cannot be complacent.
“The HDV was conceived in the context of current times. Regeneration in Haringey, and indeed the world, continues to be a hot issue — there’s an international movement to privatise public land, housing and resources.
“But while the underlying issues remain, and regeneration remains a cover for what amounts to social cleansing, we do feel that our campaign contributed to some shift in the discourse around these issues.
“We won, and that was a significant event that has inspired others to try to defend their areas and raised public awareness of all of the issues encapsulated within.”
Hilary continues to campaign with FOI.
“Currently I am involved with the Wards Corner Latin Village campaign and we are using WhatDoTheyKnow to seek information that might help in that struggle.
“Before the HDV I had never submitted an FOI request before — WhatDoTheyKnow made it really easy.”
We’re very glad to be of use in these campaigns, and we wish Hilary the best of luck in future endeavours to preserve this pocket of North London.
In May 2019 Pressure Vessels, a report from the Higher Education Policy Institute (HEPI), sought to understand increasing levels of stress on the mental health of academic staff.
Dr Liz Morrish, a Visiting Fellow at York St John University, and Professor Nicky Priaulx, a Professor of Law at Cardiff University used Freedom of Information to understand the changing state of staff bodies’ mental health, analysing the demand for counselling and occupational health services within HE.
The first Pressure Vessels report focused primarily on academic staff, while this follow-up broadens the brief to incorporate professional services staff.
“Professional services staff are often marginalised in discussions about the higher education workforce, despite the significant roles they play. They are also more likely to be vulnerable to restructuring and redundancy,” say the study’s authors.
Of course, like every other sector in society, Higher Education has experienced a severe change in working conditions due to the global pandemic. But as Dr Morrish points out, “higher education staff and managers would be unwise to disregard the additional pressures this will bring. Like the virus, workplace stress is here to stay and must be addressed.”
The data in Pressure Vessels II was obtained by requests for information made to 17 universities, on staff numbers accessing counselling and referrals to occupational health for the 2016/17 and 2017/18 academic years.
The first report inspired Sheffield lecturer Tom Stafford to plot the figures onto graphs for each institution — he also offered to make graphs for any more data that could be obtained from other HEIs.
We are pleased to see WhatDoTheyKnow being used as part of a campaign to understand conditions and press for improvements. It’s just one more example of how our right to information can be used for the greater good. Read Pressure Vessels II here.
Image: Nik Shuliahin
Stuart Lawson is a librarian, one of the editors at the Journal of Radical Librarianship, and a part of the open access movement which advocates that research outputs should be distributed for free and online, with an open license — for the good of all.
So it should come as no surprise to learn that some of Stuart’s recent research, informed by Freedom of Information requests to the UK’s Higher Education Institutes, has focused on research journals — and specifically, how much institutes are paying for subscriptions. You can see the requests here, the data released in this spreadsheet, and the resulting report here.
The study collected details of payments made by HEIs for access to academic journals from 2017-2019, focusing on ten publishers. The research team discovered that the total expenditure was more than £330 million.
We spoke to Stuart and asked for some background to this FOI-based investigation, beginning with an explanation of the original motivation behind it:
“Open access publishing means that research is available to everyone, but there are debates around how that model can be paid for. And since there is currently a mixed system where some publications are open access and some require subscriptions to access, libraries are continuing to pay a lot of money for subscriptions while also trying to find ways to fund open access.
“I am a librarian who wants all research to be published open access rather than behind a paywall, so I felt that it was important to know the financial costs of the current system.
“Previously, the amounts were unknown. It’s impossible to have conversations about the appropriate cost of scholarly publishing if we don’t know what those costs are in the first place!”
The need for FOI
Freedom of Information is, of course, a practical way to obtain data from public authorities, and to build up a nationwide picture. But in this case, it was vital.
“Using the legal tool of FOI was the only way to get this data, as institutions were not voluntarily releasing it.
“One publisher, Elsevier, even had a clause in the contracts signed by libraries that forbade them from telling anyone how much they were spending, unless they were required to via an FOI request.
“These ‘non-disclosure’ clauses are common worldwide in publisher contracts, but thankfully not widely used in the UK (except by Elsevier) because Jisc — the higher education body that negotiates most deals — have worked to remove them”.
Despite the reluctance that one might assume that this signified, Stuart says getting the required information was pretty straightforward once they’d submitted the FOI requests. In fact, the hardest part was the admin:
“A majority of HEIs provided the data promptly, although some refused in the first instance which meant I need to push back and sometimes requested an internal review of the handling of the request.
“Eventually most institutions provided the data, but the hold-outs caused a lot more work for me”.
Making requests in public
Why was WhatDoTheyKnow particularly suitable for this project?
“It was the best way that I knew of to make bulk requests to organisations. But more importantly for me, I wanted to make sure there was a complete public record of all responses so that when I compiled the data, others could verify it”.
That’s one of the reasons that WhatDoTheyKnow is set up to publish FOI requests and responses online, so we were glad to hear this.
And what is Stuart’s desired outcome from this study?
“For people to realise the high cost of subscription charges, and for libraries to question how much they are spending. And perhaps even cancel some of the deals and spend their money on enabling open access instead.”
It’s possible that this piece of research will be enough of an eye-opener to start making a change in this area. But Stuart’s realistic:
“I hope I don’t need to send these requests again in future years, but the situation is still moving quite slowly, so it might be necessary to use WhatDoTheyKnow once again!”
Image: Bruno Mira
You may remember our recent post on the surveillance techniques in use by police forces, as investigated by the campaign group Privacy International.
Several of you tweeted or commented that you were concerned to read of these new technologies. Well, here’s a way that you can get involved in finding out more.
Sounds fluffy? The reality is a bit more chilling. Cloud extraction technology allows the police to gain access from a citizen’s mobile phone to cloud based services such as their email, browser activity, and social media. So, if you are stopped and your phone is examined then handed back, surveillance might not stop there. Even after the phone is returned, using this tech police can monitor your online activity on an ongoing basis, seeing what you search for, trawling through your social media posts, and even accessing your location data.
Whether or not you’ve ever been detained by the police, you might like to know whether this sort of surveillance is in action in your own local neighbourhood. And that’s where FOI comes in.
To make everything as easy as possible for you, Privacy International have used pre-filled FOI requests* and provided the wording you should include. You can also see which forces have already been contacted, so as not to waste time making duplicate requests. Here’s where to get started.
Camilla Graham Wood, a Legal Officer at Privacy International, is clear about the benefits WhatDoTheyKnow has brought to their campaigning: “Using WhatDoTheyKnow we have created a way for members of the public to quickly and easily contact their local police force and ask them about intrusive surveillance tech. We were able to embed this on our own website and to pre-fill certain boxes as well as adding a tag so we can follow the progress of the campaign.
“Engaging the public in this way shows the level of public interest in policing technologies and introduces those who might not have used Freedom of Information request before to this valuable transparency tool”.
*If you’re running a campaign and you’d like to know how to set up something similar, take a look at this blog post where Gemma explained it all, back in 2016.
Image: Gilles Lambert