Controversial loans sold to councils by banks, known as LOBOs (Lender Option Borrower Option), are under investigation by the group Debt Resistance UK (DRUK).
These loans have unfavourable terms, according to a landmark legal case may be untenable, and are resulting in absurd levels of debt repayment: DRUK have found, for example, that in the borough of Newham, the equivalent of 77% of council tax income goes directly into interest payments alone.
DRUK’s campaign, #NoLOBOs, aims to both expose the truth and make the case that such loans are illegitimate — and we were interested to see that they’ve made use of our Freedom of Information site, WhatDoTheyKnow, to do so.
We’re always interested to hear how people and organisations are using our services, so we caught up with DRUK’s Vica Rogers, who gave us the whole history.
What are LOBOs? Can you explain a bit about them for the completely uninitiated?
Vica: LOBO stands for “Lender Option Borrower Option” and the name indicates the terms of the loan: on predefined dates, the lender (the bank) has the option to raise the interest rate; if the bank decides to do so, the borrower (the council) can either accept the new interest rate or repay the loan in full; if the bank doesn’t decide to use the option, then the council is locked into the loan and can only exit it by paying an exorbitant exit fee — sometimes 90% of the loan’s principal. With this mechanism some councils are locked into paying up to 11%, which is very expensive in the current climate where interest rates are low.
LOBO loans have been described as a “lose-lose bet for councils” because no matter what happens to interest rates, the one-sided terms of the loans ensure the banks always win. In this way banks are making huge profits and are extracting resources from local government that should instead be going to cover the cost of services for its residents.
How are you using Freedom of Information requests in the campaign?
Vica: FOI was crucial for the development of the #NoLOBOs campaign. We started from the “borrowing and investment tables” for local government published by the then Department for Communities and Local Government. We sent FOI requests to more than 240 councils who from the tables appeared to be borrowing from banks.
We asked each council to provide, for each LOBO loan they had, the original contract and a spreadsheet containing the principal, maturity date, interest rate, etc.
The spreadsheet was easier to obtain, while the contracts were often withheld.
We link any data and documents back to WhatdoTheyKnow so that anyone can see the source and the process that we went through to obtain it. This is very useful when dealing with journalists.
We therefore had to go all the way to the Information Commissioner’s Office for them to rule that the public interest in providing the loan contracts overwrote the commercial confidentiality exemption that councils were relying on.
Once we managed to obtain the contracts from some of the councils it was much easier to argue for the others to release them. This is one of the values of using batch requests.
In a second batch of requests we asked the council to identify the financial intermediaries — the brokers and the Treasury Management Advisors (TMAs) — involved in recommending and arranging the loans so that we could expose their conflict of interests. We also asked for the fees paid to the brokers and any invoices and contracts.
We obtained most of the information related to the companies involved and the fees paid, but most of the original documents requested were missing. This was due to the age of the documents, as councils are not required to keep them for more than a decade.
We have now published on our website most of the information we gathered. On our website we link any data and documents back to the WhatDoTheyKnow site so that anyone can see the source and the process that we went through to obtain it.
This is very useful when dealing with journalists, but it also provides local citizens the opportunity to challenge their council on LOBO loans without having to relate specifically to our campaign.
Our approach to the campaign has been from the start to encourage local residents to take action autonomously, both because we are supporters of decentralised forms of organising, but also because being such a small organisation we did not have the resources to develop a national campaign.
What gave you the idea to use FOI requests, and why did you decide to use WhatDoTheyKnow to make them?
By using WhatDoTheyKnow the information was provided with open access by default, could be linked and referenced in articles, and would have a longevity that does not always exist with small websites and organisations.
Vica: Through previous work by one of our members on council reserves it became obvious that some of the most financialised councils were also some of the most secretive — and a protracted FOI campaign would be necessary to unearth relevant practices.
We used WhatDoTheyKnow partially due to the experience of working in small, poorly funded NGOs, where once an organisation closed down, the information was lost unless it was published somewhere on a third party website.
By using WhatDoTheyKnow the information was provided with open access by default, could be linked and referenced in articles, and would have a longevity that does not always exist with small websites and organisations.
DRUK believes LOBOs to be illegal: what’s the basis of that?
Vica: There was a ruling in the 80s called the Hammersmith and Fulham vs Goldman Sachs case. At that time, councils had entered into hundreds of swap contracts presenting significant risk to local government finances across the country. The judge then ruled that it was ultra-vires (‘beyond their powers’) for councils to be gambling with taxpayers’ money and all the contracts were cancelled.
Debt Resistance UK is also making the case that such debt is illegitimate. In the current years where local authorities are facing huge cuts with a 40% reduction in grants from central government, interest payments to banks are ring-fenced while funds to essential services are being cut. Debt Resistance UK questions if it is legitimate that human rights of local residents are being put second to the interests of the banks.
There are also other basis on which such loans could be considered illegal:
- In many cases LOBO loans were taken out on advice from Treasury Management Advisors, who should be independent, but in the case of LOBO loans were receiving undeclared commissions from the brokers who were providing the deals. This is a clear conflict of interest that council’s can use to challenge the loans.
- LOBO loans are instruments that were created to engineer around the Hammersmith & Fulham vs Goldman Sachs case by embedding the derivatives in the loan. The banks should be held to account for deliberately creating a loophole to extract public resources.
- The value of LOBO loans is pegged to LIBOR. Since some of the banks and brokers who sold LOBO loans to councils were also involved in rigging LIBOR, there is a case for councils to challenge the banks on the base of this manipulation and the information asymmetry it created.
What’s next for the campaign?
Vica: We designed the #NoLOBOs website so people could understand the overall campaign and then search for the details of their own council. The website also offers suggestions on how people can take action.
We have been collaborating with the cooperative Research for Action to develop two strands of the NoLOBOs campaign:
Objections to LOBO loans across the UK
We are using the 2014 Audit and Accountability Act which provides local citizens with the right to inspect, ask a question about and object to items in their council’s financial accounts.
This right can be exercised once a year during the summer once the draft accounts have been published. Debt Resistance UK, in collaboration with the cooperative Research for Action, has supported more than 50 residents in the use of the Act to either gather more information on the loans, or to challenge their lawfulness through the objection process. All objections link back to WhatDoTheyKnow as evidence of LOBO loan borrowing. We are now starting to receive the responses to these actions.
A citizen debt audit in Newham
Newham, best known for hosting the 2012 Olympics, is one of the poorest local authorities in the country. It is also the largest borrower of LOBO loans and is paying the equivalent of 77% of council tax income only on interest payments. We have therefore decided to focus on the borough and develop an in-depth citizen debt audit. The aim of the audit is to evaluate the social and economic sustainability of the council’s debt, the legality of its LOBO loans portfolio and who should be held to account for it. Through the process we hope to improve the accountability of the council in managing funds in the public interest.
How can people get involved?
Vica: We welcome all contributions to the NoLOBOs project, and are open for people contributing in different ways without feeling they have to become a member of Debt Resistance UK.
If you are a local resident the best way to take action is to submit an objection to the council’s accounts. For most councils, the period to object to the accounts this year runs from the start of June to mid July. If you would like to object to your council’s accounts, do get in touch with Debt Resistance UK and we can support you through the process. You can find a guide on how the process works here.
The #NoLOBOs campaign has been made possible thanks to a network of people with various expertise who have kindly offered their time to unravelling different aspects of the LOBO story. If you would like to contribute based on your expertise, please get in touch. Some of the expertise that we would find useful are: financial analysts, accountants, lawyers, local government finance officers, journalists, developers, data analysts, data visualisers and graphic designers.
To gain further insight, we are also very interested in talking to people who have been aware of LOBO loans while working within organisations involved in the mis-selling, be it a council, a bank, a brokerage company or a Treasury Management Advisory company. We’d also like to collaborate with officers and councillors who want to take action in their own council.
NOTE: Debt Resistance UK is unaffiliated with mySociety, so if you would like to get involved in the NoLOBOS campaign, please contact them directly.
Thanks very much to Vica for taking the time to explain the campaign, and its use of WhatDoTheyKnow. We’re glad to have been one part of this many-pronged approach.
Image: Raw Pixel
Nothing gives us greater pleasure than to learn that one of our websites has been of help in uncovering an injustice or righting a wrong. So when WhatDoTheyKnow user Jason Evans mentioned how he’d been using the site in campaigning for victims of the contaminated blood scandal of the 1970s and 1980s, we were eager to hear the whole story — which he told us in fascinating detail.
Read on to find out how Jason learned the ropes of submitting an FOI request, and how one thing led to another… until he was looking at a group legal action against the government.
I’m Jason Evans, founder of Factor 8 – The Independent Haemophilia Group.
In short, I’ve spent the last few years trying to achieve truth and justice for haemophiliacs and their families affected by the contaminated blood scandal of the 1970s and 80s. My father, Jonathan Evans, was a victim of the scandal. It’s not my goal to go into the ins and outs of all that here, but instead to explain how WhatDoTheyKnow has been an essential tool for our campaign (if you wish to learn more about the scandal itself, you can visit our website).
It was early 2016 when I decided to start hunting down evidence relating to the contaminated blood scandal for myself. At this time there was already some evidence in the National Archives. It was a good start, but I felt there must be more. Government ministers were maintaining the same line in Parliament… that all the evidence had been transferred to the National Archive or it had been destroyed. This was widely accepted as true.
To this day I don’t exactly know why, but where many had accepted this situation (and understandably so), I simply refused to — or, at least, if it was true I was going to make sure of it.
After a quick search I found WhatDoTheyKnow. I instantly saw that this was going to be a must-have tool for what I wanted to do. I made my first FOI request on the site in April 2016, which in terms of the site’s functionality was super easy, but I definitely had a lot to learn.
In hindsight, my first FOI requests were badly framed, too broad and lacking in specifics: the vast majority were coming back as either “Information not held” or with any number of exemptions which was all very frustrating. It felt like I was getting nowhere.
Over time however, I began to refine my requests and learn best practice by reviewing the successful requests made by others, even those that had no connection at all with what I was doing. I read the Freedom of Information Act and familiarised myself with the exemptions, costs and what my rights were.
Things began to change: some of my requests were becoming partially or completely successful and all the while I was reviewing more evidence from the National Archives and other sources.
Things really began to snowball in 2017 when one day I began to cross-reference the government’s own filing system in my own spreadsheet. Noticing certain markings they had used allowed me to identify specifically what files were missing and FOI them using the government’s own internal reference system.
This strategy was almost flawless and has revealed tens of thousands of documents which have as yet never seen the light of day, and this work remains ongoing.
In May 2017 I brought a legal action against the government based on the evidence I had seen; shortly after this became a Group Legal Action which presently involves up to 1,000 claimants.
Just one week after the Group Litigation Order was lodged at the High Court in July 2017, the Prime Minister Theresa May announced that a full UK-wide public inquiry would be held into the contaminated blood scandal.
When I reflect back on that time, I don’t think there was any single person or action that got us there: it was a culmination of momentum. We always say “the stars aligned” when talking about it within the community and I think that’s pretty much what happened.
It would be nice to say that this was all some master plan but it wasn’t really; it was a venture taken out of a mixture of curiosity, determination and the simplest sense of wanting to find out the truth. WhatDoTheyKnow helped me to do just that, to get that bit closer to the truth.
In November 2017 Sky News ran an exclusive story regarding a Cabinet Office memo I unearthed, in no short part thanks to WhatDoTheyKnow.
The journey to that Cabinet Office memo began with this FOI request.
Eventually, the file I was requesting was made available in the National Archive as a result of that request. Upon checking the file in person there was a piece of paper inside with a note written in pencil saying that one of the memos had been removed, and it gave a reference number. I recorded this information, then FOI’d the Cabinet Office for it. They digitised the file and indeed it was there. Less than ten days after the FOI response we had the story on Sky News (and here’s a summary video).
I had help from a lot of people, in particular Des Collins and Danielle Holliday at Collins Solicitors, my friend Andrew March for his encouragement, assistance and ideas, as well as others who may not wish to be named.
I always remain aware that I’m doing the work others might have done, if it were not for the fact that they died far too young as a result of the scandal — or have been driven into secrecy for fear of the stigma associated with it.
The public inquiry is due to begin shortly and the legal case remain ongoing. I would like to thank WhatDoTheyKnow again for providing such an excellent platform with endless possibilities.
Thanks so much to Jason for sharing this remarkable story. We wish him the best of luck as the case progresses.
Last year, we highlighted a bureaucratic loophole that allows taxi drivers to discriminate against passengers in wheelchairs.
As WhatDoTheyKnow volunteer Doug Paulley discovered through multiple Freedom of Information requests at the time, the lack of a simple piece of administration meant that taxi drivers could refuse to take wheelchair users, or charge them extra, with complete impunity.
New legislation set a fine of up to £1,000 for such behaviour, but it can only be applied if the local council has a list of designated list of wheelchair-accessible taxis. Back in April 2017, Doug’s research indicated that 59% of authorities had no such list, nor a plan to create one.
A year later, Doug has revisited the research, and while that figure has gone down slightly, there is still cause for concern. Doug explains:
As it is now more than one year since sections 165-167 of the Equality Act 2010 were commenced (the provisions designed to combat taxi drivers’ discrimination against wheelchair users) I have updated my research into its implementation and efficacy.
No driver has faced any enforcement action under S165 of the Act, anywhere in the country. I find it difficult to believe that there haven’t been any offences committed under S165 of the Act. I have experienced several myself. I think that the fact that there have been no such enforcement actions suggests a fundamental problem with the (frankly) clunky implementation of the provisions of the Act.
As of October / November when I submitted my follow-up Freedom of Information requests, only 35% of local authorities had implemented the new provisions in their area, and only a further 16% (total 51%) of authorities intended to do so by now. Given that the Department for Transport’s statutory guidance on such recommended that all authorities implement the provisions by October 2017, this is concerning.
Many of the authorities that have attempted to implement the legislation have failed to comply with the fine print, likely making the provisions unenforceable in their area. As for the government’s good practice recommendations that councils e.g. publish the size of wheelchair each taxi can take — no councils are doing that.
I am sure that when Baroness Deech told the Secretary of State that he was defying Parliament’s will by failing to commence these provisions, she expected to have a much greater impact on discrimination. I’m really disappointed that this has sadly not been borne out in reality.
You can find lots more information about this issue, along with all the facts and figures, on Doug’s website. There’s also an invitation to contact your local councillors if you’d like to draw their attention to this issue.
An article in the current Private Eye Magazine has drawn our attention to the use that disability campaigner John Slater is making of our Freedom of Information service WhatDoTheyKnow.com.
In December 2016, Mr Slater asked the Department for Work and Pensions (DWP) to release the monthly “management information reports” received from contractors ATOS and Capita in relation to their work assessing eligibility for Personal Independence Payment benefits.
Mr Slater has pursued his request for over a year, and wasn’t put off by an initial response which stated that the information requested wasn’t held, nor a subsequent response refusing to release the material citing the contractors’ “commercial interests”.
In December 2017, a year after Mr Slater made his request, the Information Commissioner ordered the DWP to release the material, stating “The Commissioner has not been satisfied that disclosing the withheld information would be likely to damage the commercial standing of ATOS and Capita”. The Information Commissioner dismissed the DWP’s concerns that the information requested could be “misinterpreted in ways that could lead to reputational damage to both the Department and the PIP Providers as well as prejudice the efficient conduct of public affairs”.
The Information Commissioner’s decision notice was highly critical of the way the DWP had handled the case, noting the use of “standard paragraphs” rather than a discussion of the public interest tailored to the material in question, and DWP failing to engage promptly with the Information Commissioner, thus causing further delay.
The DWP have not yet complied with the Information Commissioner’s decision; they have appealed and a tribunal hearing is scheduled for April 2018.
This request is far from the only one showing Mr Slater’s persistence in pursuing the release of information held by the Department for Work and Pensions.
A request for Project Assessment Review Reports for the Universal Credit Programme that Mr Slater made in April 2016 was initially accepted and the department said they were considering it. Mr Slater chased up the lack of a response in June, and again in August and September, but when, six months after his original request, Mr Slater chased them again in October they deemed his persistence to be vexatious and rejected the request.
That request has now been further rejected by the DWP, who say that the information “if released would, or would be likely to, prejudice the free and frank provision of advice or which would otherwise, or would be likely otherwise to, prejudice the effective conduct of public affairs.”
Mr Slater has referred that decision to the Information Commissioner too.
On the 5th of December 2017, Debbie Abrahams MP, the Shadow Secretary of State for Work and Pensions, deployed the Parliamentary procedure of a motion for “an humble Address be presented to Her Majesty” to seek the release of the documents to the Work and Pensions Committee. MPs agreed the motion unanimously.
The committee chair, Frank Field MP, has suggested that:
A couple of copies would be made. These copies will be kept securely and members would be invited to come to the Committee office to read them. No-one else, other than the committee members, will be invited to make this journey to our Committee office and members will not be able to make copies, or take notes, about the documents.
– so despite the decision by the House of Commons the public still might not get to see the material via that route.
Mr Slater has been in touch with us and told us he finds the service provided by WhatDoTheyKnow extremely helpful when submitting and managing FOI requests.
He said that the ease of submitting requests and built in workflow that keeps track of time, reminding users that a response should have been issued, is invaluable. He also likes that a single platform exists where information obtained by its users is made available for everyone, as that embodies the spirit of the Freedom of Information Act.
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.
If you are using Freedom of Information for a campaign, and you need to request the same information from several different bodies, or a variety of information from one body, it can be useful to put your supporters to work for you.
We recently profiled the Detention Logs project, which is using Freedom of Information requests to uncover conditions in Australia’s detention centres. Anyone can use the information already uncovered to request further documents or clarify ambiguous facts.
One aspect we didn’t mention is that, in order to make this process as quick and simple as possible, Detention Logs provides users with a pre-written FOI request which they can tweak as necessary before sending off to the relevant authority. This is linked to from a button on the Detention Logs website
This nifty bit of functionality could be useful for all kinds of campaigns. If yours is one of them, read on to discover how to set it up.
As you can see, this unwieldy web address contains all the information that RightToKnow, Australia’s Freedom of Information site, needs in order to create a pre-filled request.The URL tells it who the request should go to, what the title of the request is, and what should go in the main body.
It’s quite simple to create these yourself. Just build the URL up in steps:
- Begin by telling the site that this is a new request: https://www.righttoknow.org.au/new/
- Add a forward slash (/) and then the body you want the request to be sent to (exactly as it is written in the url of the body’s page of the website): https://www.righttoknow.org.au/new/nsw_police_force
- Add a question mark: This tells the website that we are going to introduce a ‘parameter string’. Now our URL looks like this: https://www.righttoknow.org.au/new/nsw_police_force?
- Input a title: we need to indicate that the next part should go into the ‘title’ field, like this: https://www.righttoknow.org.au/new/nsw_police_force?title= and then dictate what the title should be: https://www.righttoknow.org.au/new/nsw_police_force?title=Police%20brutality Notice that if there is a space between words, it should be shown as %20. To make the process of encoding the URLs easier, you can use an encoder tool like this one: http://meyerweb.com/eric/tools/dencoder/
- Input the body of the request, again using ‘%20’ between each word. This is where your URL can become very long! We use the parameter default_letter and the salutation (Dear…) and signoff (Yours…) are automatically wrapped around this by the site, so there’s no need to include them:
So, there you have it. A customised URL that you can set up if you need supporters to send a pre-written request to a specified body or bodies.
As mentioned above, the Detention Logs project used this method to help their supporters request detention centre incident reports, attaching a different URL to each report so that the title would contain the relevant report number. To see the technical details of how they set this up, visit their GitHub page.
Here are some other parameters that can be used in addition to the ones above:
- body – This is an alternative to default_letter which lets you specify the entire body of the request including the salutation and signoff.
- tags – This allows you to add a space-separated list of tags, so for example you can identify any requests made through your campaign or which refer to the same topic. For example, the Detention Logs project used tags like this: &tags=detentionlogs%20incident-number%3A1-2PQQH5
A tag can have a ‘name’ and an optional ‘value’ (created in the form “name:value”). The first tag in the above example is ‘detentionlogs’ (‘name’) and the second tag is ‘incident-number:A1-2PQQH5’ (‘name:value’). The encoder tool above changes the colon to ‘%3’.
If you use this pre-written request tool we’d love to hear about it, so please get in touch if you do.
What’s the best way to get your supporters to campaign, when the finer details of what they’re pressing for may vary from place to place? That’s the issue that faced Prostate Cancer UK as they call for better provision for men across the country with erectile dysfunction as a result of prostate cancer.
There are five core treatments for tackling erectile dysfunction, but whether all of them will be offered to you depends on your postcode. In some areas, all are offered as standard, while in others there may be none.
The tool we built for Prostate Cancer UK used several of mySociety’s areas of expertise, from mapping to user testing — we even used Freedom of Information. And putting it all together, we have a powerful campaigning platform that responds to users’ location, while raising awareness and pushing for improvement.
Prostate Cancer UK’s Erectile Dysfunction campaign site informs people about what care should be available to those who experience the condition as a result of prostate cancer treatment, and urges them to write to their local health commissioner if provision is poor in their area.
Educating, campaigning, sharing
The user is first informed: they are shown the five factors which constitute good treatment of erectile dysfunction. After that, they are prompted to input their postcode to see how many of those measures are provided by the NHS body responsible for their region.
If provision is poor, they are encouraged to help campaign: users can opt to write to their Clinical Commissioning Group (CCG), Health Board or Health and Social Care Board to ask them to improve what’s available. They are given the choice between writing a letter from scratch, or using a pre-composed template which also contains a section for the writer to add a paragraph of their own words — a pragmatic balance that avoids an influx of identical form letters, while still addressing fact that when users are faced with a completely blank page, many will drop out of the process.
When you’ve done that, for those in England there’s also an opportunity to contact Jeremy Hunt, Secretary of State for Health to highlight the variation in treatment for erectile dysfunction and establish which organisation is responsible for the national commissioning guidelines.
Finally, the user is invited to share what they’ve learned, via Facebook, Twitter or email. Our user testing revealed that, contrary to our worries, people were happy to do this without embarrassment.
How it works
Like most of mySociety’s own sites, the ‘Better Care’ site uses MapIt to match the user’s postcode with a boundary, in this case the boundaries of the CCGs, Health Boards and Health & Social Care Boards. That’s how we deliver the information about what’s available in their local area.
When you input your postcode to see how your local provisioners are doing, MapIt also delivers information for other areas, including a couple of close neighbouring ones. This allows us to provide a nice comparison, along with the statistic that shows whether your provisioner is better, worse, or within the same range as the average.
But how did we gather the data to tell you how well each CCG, Health Board or Health and Social Care Board is catering for erectile dysfunction patients? Well, fortunately, thanks to our own WhatDoTheyKnow website, it was relatively easy to send a Freedom of Information request to every one in the country — 235 of them in total. The WhatDoTheyKnow volunteer admin team were able to help with this large batch request.
Once we had all the data and a general idea of how the tool would work, we took an early version out to test it with users. The insights we gained from this process were, as always, extremely useful, and led to us altering page layouts and other elements that made the whole process as clear as it could be.
Finally, we incorporated quite a bit of statistics-gathering into the whole tool, so that Prostate Cancer UK would be able to see where their campaign might benefit from further optimising in the future.
All in all, we’re very glad to have been part of this important campaign to help men understand what’s available to them, and where they might need to push for more.
Australia: land of sand, surf and koalas. Renowned for its laid-back attitude and a friendly welcome for all… or so those up here in the northern hemisphere might believe, spoon-fed our preconceptions via the squeaky-clean medium of Aussie soaps.
What’s not so well-known is Australia’s decades-long resistance to people seeking asylum. Since the early 1990s, Australian Prime Ministers have implemented, upheld and strengthened laws to hold refugees in mandatory, indefinite detention, and to forcibly turn boats away from their shores. Australia has been repeatedly condemned by the UN for inhumane treatment of people in its immigration detention system, and people held inside have maintained continuous protest for years.
Once you learn all this, it seems perhaps unsurprising that immigration detention is, as website Detention Logs puts it, one of the most “hotly debated, contested and emotional topics in Australia”.
Getting it out in the open
Detention Logs is among the most purposeful and systematic uses of Freedom of Information we’ve seen yet.
It’s not a mySociety-affiliated project (although one of its founders is also a member of Open Australia, who use our Alaveteli software to run the RightToKnow site), but it is one that’s very much in our sphere of interest. We wanted to write about it because it’s a great example of putting FOI to work in order to get truth out into the open, and make societal change.
At the time the project was set up, Australia’s detention centres were run by the British companies Serco and G4S; access is, as you might expect, limited. However, contractors to the government must report to them, and the report documents fall under the citizens’ Right To Know via Australia’s Freedom of Information Act.
Reports are made whenever an ‘incident’ of note occurs in one of the nation’s detention centres; that covers assault, accidents, escapes, riots, the discovery of weapons and several other categories — including births and deaths.
Detention Logs have, at the time of writing, obtained 7,632 incident reports which cover the period between 3 Oct 2009 and 26 May 2011. These may be explored on their site via a data browser, allowing readers to filter by date, incident type and detention centre.
Finding the stories
Like many official documents, these reports were composed for internal eyes only. They can be difficult to decipher, or heavily redacted. Often, they suggest more questions than they answer.
Users are encouraged to ‘adopt’ a report, then submit a further FOI request for more information: a ‘reporting recipe’ guides beginners in how to do this, and how to pull out stories both for the ‘far view’ (looking at all the data in aggregate) and the ‘near view’ (investigating individuals’ stories).
For researchers and the technically-minded, there’s also the option to download the data in bulk.
The result is that the public are gaining an unprecedented understanding of what life is like for detainees — and staff — inside Australia’s detention centres.
Open data brings change
The resulting stories are published on their Investigations page, but the data has also been used by national press and beyond.
Luke Bacon, one of Detention Logs’ founders, told us of a few outcomes:
- The Detention Logs project was a precursor to the Guardian’s publication of the Nauru Files — more than 2,000 leaked incident reports from a detention camp on the Pacific island of Nauru. These have been presented in an online exploratory browser tool: the project was led by reporter Paul Farrell who is also a Detention Logs founder.
- In turn, this has prompted a parliamentary inquiry into the treatment of people in the immigration detention system.
- The data from Detention Logs has been used in research to show that the detention system is causing people to self-harm and attempt suicide.
- The immigration department started releasing better information about how many people were in detention.
So — while the issue of detention continues to be an inflammatory topic for the people of Australia, the project has been at least something of a success for transparency.
It all goes to show what can be achieved when information is shared – and when the work of trawling through it is shared too.
If you found this project interesting, you might also like to read about Muckrock’s FOI work on private prisons in the USA.
Lucie Stephens has sent Freedom of Information requests to every Local Education Authority in the country — over 200 of them.
She’s requesting information about asbestos in schools, and for a reason that’s very close to her heart. Earlier this year, Lucie’s mother, a teacher, died of mesothelioma, a cancer that is almost exclusively caused by exposure to that substance.
Now Lucie is acting on the promise she made before her mum passed away: “To do my best to make sure no-one else has to suffer like she has.”
We were really interested to hear how Lucie came to use Freedom of Information as tool in her campaign, so we got in touch to ask her a few questions.
After Mum’s diagnosis I wanted to know how safe my daughter’s school was. I wrote to them and got a positive response: her school does contain asbestos and they were willing to share this information with me.
I then wrote to my local council to request the same information for my borough. This took a lot longer, and involved frequently having to chase and remind them of deadlines missed.
I thought all parents and teachers should know if their school contains asbestos. I didn’t want them to have to struggle to access the information from their local council in the way that I did.
A friend suggested that FOI would be a good way of getting hold of consistent information, and at this point it also became clear that it would be a useful way to analyse how well asbestos is being managed in our schools.
Had you heard of the Freedom of Information Act, or used it previously?
I had heard about FOI before but hadn’t used it. It had always seemed a complicated and challenging process, so I was nervous of it. I knew what questions to ask but was still worried about getting the format right.
I had made contact with the National Union of Teachers (NUT), as they are also campaigning to get asbestos removed from schools. I asked them to advise on the best wording to use in order to get the information that I required, and they were really helpful.
Once you have all the data for every school in the country, what will you do with it?
Every parent and teacher should know if their school contains asbestos.
I am planning to use the data collected to produce an easy-to-access national map that parents and teachers can use to find out if their school is affected. By telling parents which schools have asbestos we are enabling them to hold their school, local education authority and ultimately (we hope) the Department for Education to account. The map will also be useful for campaigners and journalists concerned with the issue of asbestos in schools.
What would be the ideal outcome of your campaign?
I want policy on asbestos in schools to change.
Each school should be expected to produce an annual report on the extent of asbestos and how it is being managed. This will increase transparency and accountability until we get to the point where all asbestos in schools has been removed.
At the same time the Department for Education needs to change its approach. It needs to commit to the phased removal from all schools by 2028.
To achieve this they need to earmark funds specifically for asbestos removal and set annual targets for the number of schools that will be asbestos free. The phased removal should start with the most dangerous schools first but seek to remove all asbestos by 2028.
By revealing which schools contain asbestos, the campaign will make it easier for parents to hold the DFE to account over their plans for the removal of asbestos.
Have any of your FOI requests been turned down?
I made my requests to local authorities, asking them to provide the figures for every school in their jurisdiction. Most have not provided information for academies and free schools as they do not have a statutory responsibility for them.
There were various refusals and partial responses, from authorities which just issued generic statements that ‘all local schools built before 2000 contain asbestos’ with a link to their online schools directory, to those claiming that the information sought would take too long to collect, and so refusing to issue it, or requesting payment before the information could be released.*
Some areas withheld data on the number of claims that they had received from teachers, school staff and ex-pupils, stating that the figures were low enough to make it possible to identify the individuals concerned. Some areas refused to release details of the amount of money paid out in claims, stating that this would breach data protection. This rule was not applied consistently, though, as some areas did release figures relating to only one claim and settlement.
I was very irritated to find some authorities who, because they claimed to be unable to answer one of my seven questions, then refused to answer any of them. To date we only have data from 135 local councils of 152 approached. Some are very overdue in providing the data.
In gathering the data it was clear that there is huge variety in the ways in which asbestos is being managed in schools. It was also apparent that there is a wide range of ways in which FOI requests are handled.
What benefits did you get from using WhatDoTheyKnow?
Without WhatDoTheyKnow I wouldn’t have been able to collect the data.
The site was really easy to use. It was very helpful in managing the data as it appeared, and in reminding me when authorities were overdue in providing information.
In some cases I used my right to a review to challenge the handling of a request, and this led to further information being released. I definitely wouldn’t have made a challenge without the site making the process straightforward in the way it does.
It has also been great to have the data held on a public site like this, so that I’ve been able to direct journalists and campaigners to the source of the data directly.
The only challenge with the site was that the number of requests was capped. I can totally appreciate why this was, and in fact when I did contact the team and ask for this cap to be removed so that I could complete the requests in a shorter timeframe, they were very helpful. Having ascertained that I was sending bulk requests for a valid reason, they acted quickly to remove the cap.
You can read more about Lucie’s campaign, and lend your support, on her petition page.
* Note: Making an FOI request is almost always free, but authorities can charge under certain circumstances, and they can refuse to respond to a request outright if it will cost more than a certain amount — currently £450 — to do so.
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