The Freedom of Information Act 2000 came into force on 1 January 2005, giving individuals, organisations or companies the opportunity to request information from Cumbria County Council. Applicants have the right to be informed in writing as to whether the council holds the requested information and to have that information supplied within 20 working days subject to some exemptions.
The Council is already open with its information and has adopted the Information Commissioners Office (ICO) Model Publication Scheme. In addition to this you may be able to access the information you need by using the AtoZ of Services, e-library or elsewhere on cumbria.gov.uk.
What is the Disclosure Log?
As part of the Council's commitment to being open and transparent, we publish our responses to Freedom of Information requests online, this is also known as a Disclosure Log. The council's Disclosure Log is published in MSExcel and contains the following information:
- Month
- request reference
- information type
- information sub-type
- information requested
- a link to the council's response.
Using the Disclosure Log
If you are thinking of submitting a request it would be worthwhile checking if the Council has already answered it. Data on requests published by the Council is easily searchable. There are two ways of navigating the data:
- General Search - to find out requests received by subject the Information Type and Information Sub-Type column filters can be used. This allows you as a user to find out about requests received by the council in relation to a general issue
- Word Specific - when a request has been received on a specific subject and general searching is not appropriate the wording of requests can be searched using the 'Find and Select' feature.
What is the Freedom of Information Act (FOIA) 2000?
From 1 January 2005, under FOIA, any individual, organisation or company can make a request for information to Cumbria County Council and will have the right to be informed in writing as to whether the Council holds the requested information and to have that information supplied within 20 working days. The Council is already open with its information and you may be able to find the information you need yourself through the Council's Publication Scheme, e-library or elsewhere on the Council's website.
What is the purpose of the Act?
The purpose of FOIA is to provide all citizens with a right to access to information subject only to certain exemptions. It was introduced to promote greater openness and accountability across the public sector. Along with the Human Rights Act 1998, General Data Protection Regulation (GDPR)/Data Protection Act 2018, and Environmental Information Regulations 2004, FOIA aims to build a culture of rights and responsibilities for citizens and contribute to the delivery of better public services.
Is all the information that the council has covered by FOIA?
Some information is exempt from FOIA because it is covered by the rules of the General Data Protection Regulation (GDPR)/Data Protection Act 2018 in the case of personal information, or by the Environmental Information Regulations 2004 in the case of information relating to the environment. Everything else is covered by the Freedom of Information Act 2000.
What information is covered by FOIA?
This can include information held within minutes of meetings, correspondence, reports, and notes. Certain documents that the Council holds will have a 'retention period' attached to them. This means that they have to be kept for a certain length of time before the Council can dispose of them. If a document has already been disposed of according to the retention rules it may not be possible to provide the information. The Council only has to provide existing recorded information.
What type of information is exempt?
There are 23 exemptions contained within FOIA - some are absolute and others are qualified. Some information is exempt, for example, because it is personal information and is subject to the General Data Protection Regulation (GDPR)/Data Protection Act 2018 (s.40), or it is environmental information and falls under the Environmental Information Regulations 2004 (s.39). Some information may be exempt because it is being used in a criminal enquiry. The exemptions ensure that a proper balance is achieved between the right to know, the right to personal privacy and the delivery of effective government. The council will need to consider the content of the information, the effect that disclosure would have on the source of information and the purpose for which the information was recorded. If information is going to be withheld, the council must tell you which specific exemptions apply and the reasons for this decision. Many other exemptions, such as those around commercial interests or legal advice given to councillors, are subject to a further test known as the "public interest test".
What is the public interest test?
The "public interest test" means that the council must ask itself a number of questions before making the final decision on whether information is exempt under one of the qualified exemptions. For example the questions may be: Is disclosure likely to increase access to information? Is disclosure likely to improve the accountability and transparency of the Council in the use of public funds and in obtaining value for money? Is disclosure likely to bring to light information affecting public safety?
How long does the council have to respond to my request?
The Council has 20 working days from receiving a request for information to respond to it. If more detail is required from the requester or a fee needs to be paid in advance or an exemption is sought then the council may extend the 20 working days limit.
Who deals with complaints and how are they dealt with?
Complaints and appeals are dealt with initially by the Council in a fair and impartial way via the Comments, Compliments and Complaints system. A panel of officers who were not involved in the original decision review all the information and the original decision. If the requester is still not satisfied they have the right to appeal the Information Commissioner for a review of the Council's decision.
What is the Publication Scheme?
One of the requirements of FOIA is for each public authority to adopt and maintain a 'Publication Scheme'. This scheme sets out the classes of information routinely published by a public authority, how the information can be obtained and details of any charges made for the information.
What is the role of the Information Commissioner?
The Information Commissioner's role is to promote public access to official information and protect your personal information. The Information Commissioner promotes good practice on providing access to information, conducts reviews of decisions made by public authorities (if a complaint or appeal is received), and is empowered to enforce disclosure of previously exempt information.
What happens if the Council has already responded to a similar request?
If you are thinking of submitting a request it would be worthwhile checking if the council has already answered it. Data on requests published by the Council is easily searchable. You can do this by checking the Council's Disclosure Log (Excel 556KB).
When someone dies without leaving a will
If someone dies without making a will, they are said to have died 'intestate'. If this happens, the law sets out who should deal with the deceased's affairs and who should inherit their estate (property, personal possessions and money).
What to do if there is no will
It can take a long time to deal with estates that don't have a will - months or even years in some very complex cases. For advice on getting expert help from a solicitor, who can deal with the deceased person's estate and who inherits it, please see: Directgov - What to do if there is no will
What happens if there are no known relatives
When a person has died without leaving a will and without known entitled relatives, the ownerless property by law passes to the Crown. The Treasury Solicitor represents the Crown in dealing with these estates. The legal name for ownerless property is bona vacantia which means 'vacant goods'. If you think you have a claim to an ownerless property, or need advice on referring a case to the Treasury, find out what to do by visiting: Directgov - Ownerless property (bona vacantia)
Intestate cases in Cumbria
The Estates Group within the Bona Vacantia Division of the Treasury Solicitor deals with persons who die without leaving a will or any entitled kin. If the deceased's last permanent address was in England and Wales, excluding the Duchies of Cornwall and Lancaster, then the Treasury Solicitor is the Crown's nominee for dealing with the estate. Details of Unclaimed Bona Vacantia Estates in England and Wales - this will take you straight to the information you may require and includes any information about cases referred by the County Council.
Further Information
If you would like more information, the Estates Group within the Bona Vacantia Division of the Treasury Solicitor's Office deals with persons who die without leaving a will or any entitled kin. If the deceased's last permanent address was in England and Wales, excluding the Duchies of Cornwall and Lancaster, then the Treasury Solicitor is the Crown's nominee for dealing with the estate. Any enquiries can be addressed to the Treasury Solicitor's Office at the following address:
Treasury Solicitor's Office (BV)
One Kemble Street
London
WC2B 4TS
Telephone: 020 7210 4700 Fax: 020 7210 3104
If you are thinking of submitting a request it would be worthwhile checking if the Council has already answered it. The Council would encourage you to search the Disclosure Log (Excel 556KB) before submitting your request.
If the information you want to see is not mentioned in our Publication Scheme or on the Council's Disclosure Log (Excel 556KB) you can request it using the online request form.
If you are experiencing difficulties with using the online form please use either of the following alternative formats:
If it is not covered by one of the exemptions in the Act, we will aim to provide you with the information within 20 working days.
If we cannot provide the information to you for any reason, or we do not have the information you request, we will let you know as soon as possible. It can be arranged for information to be made available in large type and other formats on request.
If you have any problems using the online form please contact the Information Governance Team on 01228 221234 or information.governance@cumbria.gov.uk.
Under the Freedom of Information Act 2000, all public authorities are required to:
- adopt and maintain a publication scheme
- publish information in accordance with the scheme.
The scheme commits Cumbria County Council:
- to proactively publish, or otherwise make available as a matter of routine, information which is held by the council
- to specify the information which is held by the council and falls within the classes below
- to provide guidance on how the specified information can be identified and accessed
- to review and update the specified information
- to produce a schedule of any fees charged for access to information
How do I request information listed in the Publication Scheme?
If the information is available from our website this will be indicated in the Council's Publication Scheme. Information that is available by post can be requested by writing to:
Information Governance Team
Cumbria House
117 Botchergate
Carlisle
Cumbria
CA1 1RD
In line with the Council's Customer Service Standards we aim to provide information listed in the Publication Scheme within five working days.
Section 36: Prejudice to effective conduct of public affairs
FOIA Section 36 applies to information held by the Council and provides an exemption if disclosure would or would be likely to inhibit the free and frank provision of advice or exchange of views or otherwise prejudice the effective conduct of public affairs.
The Council's "qualified person" is required to give their reasonable opinion that disclosure would cause the type of prejudice or inhibition described above. Section 36 is a qualified exemption meaning that where the exemption applies the Council must disclose the information unless the public interest in maintaining the exemption outweighs the public interest in disclosing the information. The Council's qualified person is appointed by the government and is:
- The Chief Executive and
- The Monitoring Officer.
This note describes section 36 as it applies to the Council. It has wider application to government and further information can be found in the FOIA and in guidance published by the Information Commissioner.