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IC Hunts for FOI Slackers

Authority gathers evidence for FOI clampdown
Bad cop coming after nine months good cop
Small public sector bodies are singled out
Computer systems could ease the strain

The Information Commissioner is preparing to clamp down on public sector bodies that have failed to implement their Freedom of Information publication schemes properly.

But while trying its bad cop attitude on for size, the good cop will still be in attendance after nine months in which the IC has turned a blind eye to FOI slackers. The IC is preparing to advise on the best choice of computer system to support Freedom of Information (FOI) in the public sector.

The authority is collating examples of best practice and incidents of bad practice in an extensive review of how public sector organisations have handled FOI since it became law in January.

Phil Boyd, Deputy Information Commissioner, said: "We are looking at the information in the schemes and seeing if it is genuinely available. We are looking at small public authorities to see if they really adopted the schemes."

FOI warning

"I think we really ought to [chase up laggards]. If we became aware someone hadn't adopted a scheme we would write to them. Provided they adopted the scheme, that would be the end of it," said Boyd.

"But if they dug their heels in we would serve an enforcement notice," he added. Non-compliance can result in prison sentences for those responsible.

One problem for small authorities is that they appear not to have implemented computer systems to help them handle their FOI requests. Boyd said small public authorities were struggling more and the cause of more official complaints to the IC, but they also generated more FOI requests from people in their district.

"The biggest work for us is local government, not because they more secretive but because they weren't as well prepared. So we've had a disproportionate number of complaints about parish and district councils," Boyd added.

The IC's survey will ascertain for certain whether small organisations do not have the systems or procedures in place to handle FOI. It will be exercising its remit to assess best practice in the use of computer systems.

Grace period ending

It looks like the slow progress of FOI in small public sector organisations has improved little since the introduction of the act in January. A government investigation of FOI preparedness in the public sector reported in December a "mixed picture", with only larger authorities being adequately prepared.

The Constitutional Affairs Select Committee report blamed poor preparation for FOI on a lack of central coordination by the Department of Constitutional Affairs. The Information Commissioner has taken this into consideration when examining complaints.

The IC has also been slow working though complaints because it has been a learning process for the authority. But Boyd said the pace of complaint handling is picking up now the IC has got the measure of its task. As the authority gains confidence and gathers its intelligence about public sector organisations that have not taken proper steps to comply with the act, it will be less lenient with those it finds are not able to handle their requests within the statutory 20 days.

Harlequin FOI Solutions

Harlequin's Punch content management system has given local authorities and NHS trusts better control over FOI.

Automatically update your publication schemes with changes to your Web site
Take the work and cost out of managing your Web site
Avoid FOI requests by proactively publishing helpful information

Punch is scaleable so it will grow with your Web site and its users - and it scales in price too, with the most basic system retailing for as little as £10,000.

Recent Punch implementations that have helped their owners handle FOI include:

Click for more information about Harlequin's Freedom of Information Solutions.

Or Contact Adam to set up an informal meeting: 0208 962 4718 / adam@solutions.co.uk

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