NOT PROTECTIVELY MARKED

This policy is due to be reviewed, however due to the publication of national guidance shortly after the scheduled review date a full review of the policy has been delayed. It is anticipated that the full review will be completed by June 2015. Whilst this full review is awaited, this version of the policy has been approved to remain in place by the Force Professional Lead.

Policy: / Freedom of Information
Approved date: / V710 December 2009
Owner: / Director PSD
For release under Freedom of Information? / Yes
Equality, diversity and human rights relevance H/M/L / M
Supporting procedures also in policy library: / Freedom of InformationPolicy Supporting Procedure.
Cumbria Constabulary Publication Scheme
Contact for advice: / Data Protection and Freedom of Information Officer,PSD
Cumbria Constabulary
Carleton Hall
Penrith
CA10 2AU

Telephone (01768) 21 7178

1.Aim of the policy

  • What is the overall aim of the policy?

To ensure compliance with the Freedom of Information Act 2000demonstrating the Constabulary’s commitment to openness and accountability, supporting the Constabulary aim‘Building a safer and stronger Cumbria’.

  • Why has it been written?

To provide a consistent approach and response to requests made under the Act supporting the Constabulary Publication Scheme.

  • What will it achieve?

Confidence that the Constabulary will attain the standards of accountability and scrutiny when:

  • Responding to requests and/or the disclosure of information in accordance with the Act.
  • Dealing with the review of a disclosure following a request for an internal review regarding the handling of a request made in accordance with the Act.

Guidance for the information of all personnel ensuring, awareness of their responsibilities and accountability for Freedom of Information requests.

Compliance with any legal requirements issued from the Information Commissioner’s Office.

  • Who is it for?

Thepolicy applies to all personnel working for Cumbria Constabulary - Police Officers, Special Constables, Police Staff (as employees of the Police Authority including those under the direction and control of the Chief Constable),volunteers, temporary and agency personnel.

  • Who will be responsible for delivering the policy?

All personnel are responsible for acting in accordance with this policy when receiving requests made under the provisions of the Act. Specific roles have been identified to receive and/or obtain information about requests made in accordance with the Act.

The policy is owned by the Director PSD and will be overseen and administered by theData Protection and Freedom of Information Officer.

2.Terms and Definitions

The Freedom of Information Act 2000 (FOIA) – Legislation which provides a right of access to information held by public authorities.

Decision Maker – Person with FOI Decision Making Training who is authorised to respond to FOI requests on behalf of the Chief Constable.

Exemption – Lawful reason as set out in FOIA, which permits the withholding of information from an applicant.

Freedom of Information Liaison Officer – Appropriate Person within relevant Department /BCU to whom a FOI request is referred by the Data Protection and Freedom of Information office.

3.The Policy

Cumbria Constabulary having the status of a Public Authority, will comply with the Freedom of Information Act 2000 (‘the Act’).

The Freedom of Information Act 2000 represents the culmination of several decades of pressure for a statutory right to information in the United Kingdom. The Act received Royal Assent on 30 November 2000 and provides a right of access to information held by over 50,000 public bodies and office-holders. The Act has been implemented in stages and became fully active on1 January 2005.

Subject to the exemptions in the Act, any person who makes a request to a public authority for information generally will be informed whether the public authority holds that information and, if so, the public authority must communicate that information to that person within 20 working days. There are a number of exemptions to the general right of access. These must be considered before disclosure. The public authority may charge a fee.

In accordance with the Act,Cumbria Constabulary will adopt and maintain a publication scheme setting out the classes of information that the public authority publishes or intends to publish and specifying the manner of publication and whether any fee is to be charged for the information.

4.Implementation, Monitoring and Reviewing

IMPLEMENTATION

Implementation Plan Overview

Implementation will involve making the revised policy available to those personnel who have a specific role/responsibility in relation to it, whilst informing all other members of staff about their general responsibility.

Implementation Plan Detail

Task / Owner / Start Date / Finish Date
Publish the revised policy & procedures – Policy Library / Policy Manager / Dec 2009 / Jan 2010
Inform key staff of their responsibilities (communication plan) / Data Protection and Freedom of Information Officer / Dec 2009 / Jan 2010

COMMUNICATION

Communication Plan Overview

Communication of the revised policy will make use of existing channels in addition to targeted communication to key personnel.

This version of the policy is a revision of the previously agreed document (Freedom of Information Policy V5 November 2004), therefore a general update and communication of the policy to staff will suffice.

Communication Plan Detail

Task / Owner / Start Date / Finish Date
Force Orders / Data Protection and Freedom of Information Officer / Dec 2009 / Jan 2010
PSD staff briefing / Data Protection and Freedom of Information Officer / Dec 2009 / Jan 2010
Key staff briefings (non PSD) / Data Protection and Freedom of Information Officer / Dec 2009 / Jan 2010
Update PSD Intranet page / Data Protection and Freedom of Information Officer / Dec 2009 / Jan 2010

MONITORING & REVIEW

In accordance with the Authority’s and the Constabulary’s respective Race, Disability and Gender equality schemes, this policy will be monitored by the Policy Owner on an on-going basis for implementation issues, consistency of application and potential for discrimination.

Relevant statistics will be recorded against the six strands of diversity by the Data Protection & Freedom of Information Officer PSD in relation to any exception reports following FoI requests where diversity issues are identified. The statistics will be reviewed annually in order to identify any trends, issues or concerns.

The policy will be reviewed in accordance with the published review schedule, every three years. The policy will also be reviewed whenever new legislation / guidance which may have an impact is introduced.

The monitoring of this policy will be done by:

  • Reviewing the policy and associated documentation to ensure the policy is still relevant.
  • Reviewing the delivery of the policy by consultation with key personnel responsible the delivery and adherence to it.
  • Reviewing the Diversity Implications report prepared by the Data Protection & Freedom of Information Officer PSD.
  • Reviewing the relevant data in relation to any related matters pursued in accordance with the Fairness at Work policy.
  • Consideration of any changes in legislation that need to be accommodated.
  • Consideration of any feedback that has been received.

In the event that an individual feels disadvantaged by the requirements of a policy or procedure or where they perceive there to be an impact which is intentionally or unintentionally unfair, the matter should be dealt with in accordance with the Policy and Procedure Review Process / Selection Processes Appeals Procedure contained within the Fairness At Work (Grievance Resolution) Policy and Procedure. This information will also be monitored and considered when reviewing the policy.

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Version 710.12.09