Staffordshire Police

What is the purpose of the Freedom of Information Act?

The Freedom of Information Act gives you the right to access official information held by public authorities; which includes Staffordshire Police. It includes decisions about how we spend our budgets, crime statistics, minutes of meetings an so on. This information must be recorded, such as in documents, emails, notes, videos, letters and even audio tapes.

You should note that the entitlement is to information and not the documents themselves.

What rights does the Act create?

The Freedom of Information Act 2000 gives two related rights:

• to be told whether the information exists, and
• the right to receive that information (subject to exemptions).

When did the Act come into force?

The Individual Rights of Access came into effect on 1 January 2005.  But public authorities also had to have a publication scheme in place before that date. The Police Service has had such a scheme since June 2003.

Does the Act only apply to records created to from 1 January 2005?

No, the Act is fully retrospective and covers records created at any time even historical information.

Who can request information?

Under the Freedom of Information Act, any individual, anywhere in the world, is able to make a request to a public authority for information. An applicant is entitled to be informed in writing as to whether the information is held and have the information communicated to them. If any of the information is to be refused, the organisation must provide you with a Refusal notice which clearly states the reasons why it is withholding the information you have requested and making clear the appeals process.

How do I make a request?

Your request must:

• be made in writing (this can be electronically e.g., fax, e-mail);
• state the name of the applicant and an address for correspondence; and
• describe the information requested.

Within Staffordshire Police, responsibility for the decision making process for Freedom of Information requests has been devolved to divisions, each of which have at least two 'local decision makers', who have been trained in how to interpret and apply the legislation.  The Information Assurance Team acts as a central point of contact offering advice and guidance to applicants and local decision makers.

If you wish to make a request for information under the Freedom of Information Act and know the division which holds, or may hold, the information you require, you may write to the relevant divisional commander. Alternatively, requests can be made to the Information Assurance Team, who will log your request and then forward it to the relevant division.

Once your request has been considered, you will be informed in writing of the outcome and provided with all information to which you are entitled i.e. information relevant to your request which is not covered by a valid exemption.

Will I be able to get any information I want?

Not always. The Act recognises that there will be valid reasons why some kinds of information may be withheld, such as if its release would prejudice national security or commercial interests.

Public authorities are not obliged to deal with vexatious or repeated requests. In addition the Act does not provide the right of access to personal information about yourself. This information can be requested under the Data Protection Act 1998.

Do I have to pay for any information requested under the Act?

As a general rule no.  If the information is contained within the publication scheme and is available electronically then there is no charge.  If, however, you require the information in a hard copy format then Staffordshire Police may charge for printing or photocopying and for postage.

For other requests there is no ‘flat rate’ fee to receive the information and in many cases the information will be provided to you free of charge.

An authority can refuse a request if it estimates that it will cost them in excess of the appropriate cost limit to fulfil your request. The limit for Staffordshire Police is £450 and is calculated at £25 per hour.  Therefore any requests which it is estimated will take longer than 18 hours to fulfil will be refused.

Where the limit is not exceeded, the only charges that can be passed to you are those associated with providing the information, for example photocopying and postage. These are collectively known as disbursements.

It should also be noted that some of the information available from Staffordshire Police has traditionally been supplied only upon the payment of a fee as part of its normal business processes.  This information is not available either as part of the FoI publication scheme or via a FoI request but can be obtained through the usual methods.  Details of information subject to these charges can be found in the Staffordshire Police Fees and Charges Handbook.  A copy of which is available on the publication scheme.

Who ensures that Staffordshire Police complies with the Act?

The Information Commissioner is responsible for ensuring that all public authorities comply with the Act.