- What is the Code of Practice about?
- Which bodies are covered by the Code?
- How do I obtain the information?
- How long will it take ?
- Will it cost me anything?
- Will all information be available?
- What if I have a complaint?
- What if I am not satisfied with the outcome
of internal review?
- Does the Code affect my statutory rights?
- Requesting information under the Code of Practice
- Details of the information required
- Where can I get a copy of
the Code?
What is the Code of Practice about?
The Code of Practice on Access to Government Information includes five
commitments, to:
-
supply facts and analysis with major policy decisions;
-
open up internal guidelines about departments' dealings with the public;
-
supply reasons with administrative decisions;
-
provide information under the Citizen's Charter about public services,
what they cost, targets, performance, complaints and redress; and
-
respond to requests for information.
http://www.doh.gov.uk/nhsexec/codemain.htm
Which bodies are covered by the Code?
Almost all central Government departments and their agencies are covered,
as well as many other public bodies. A list of main bodies is included
with this leaflet. A similar Code of Practice on openness in the
NHS came into effect in June 1995, and guidance on openness has been recommended
to Local Authorities.
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How do I obtain the information?
Write to the relevant department, agency or body, explaining what information
you require. You do not have to specify particular files or documents. It is
the department's responsibility to provide the information you require.
How long will it take?
Departments should reply to most requests within 20 working days. If they
are going to need longer to reply, they will inform you.
Will it cost me anything?
A great deal of information will be provided free of charge, especially
where it is necessary to explain:
-
benefits, grants and entitlements;
-
the standards and performances of services;
-
the reasons for administrative decisions made in your case;
-
the way in which you may exercise rights to appeal or complain about a
decision; or
-
regulatory requirements bearing on your business.
However, to ensure that the Code does not create extra burdens on the taxpayer,
there may be a charge if the information requested does not come within
one of these categories and causes additional work. Charging schemes vary,
so contact the department or agency for details. Charges may consist of
a flat rate to cover straightforward requests, with an extra payment for
any additional work. You will be asked before the work starts whether you
are willing to pay the charge.
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Will all information be available?
Some categories of official information must remain confidential, for instance
information relating to defence, national security or law enforcement or
which is personal or commercially confidential. The Code of Practice lists
all these categories.
What if I have a complaint?
If you think that your request has not been answered properly, or that
a response has taken too long, or you have been charged too much, you may
ask the body who provided the information to review its decision. You will
be sent details of the internal review procedure with the response to you
request.
What if I am not satisfied with the outcome of internal review?
Your next step would be to approach the Ombudsman through an MP. The Ombudsman
is an independent officer of Parliament who has the power to see the papers
relevant to each case. He will decide whether departments were justified
in refusing to release information. The Ombudsman has produced his own leaflet explaining how he can help the public in these and other matters.
Printed copies of this leaflet are available from Citizen's Advice Bureaux and public libraries,
or from:
The Office of the Parliamentary Commissioner for Administration
Millbank Tower
Millbank
LONDON SW1P 4QP
020-7217 3000
For complaints against Northern Ireland bodies (other than the
Northern ireland Office and the Northern Ireland Court Service) write to:
The Northern Ireland Ombudsman :
33 Wellington Place
Belfast BT1 6HN
028-9023 3821
Does the Code affect my statutory rights?
No. You already have statutory rights to personal information held by local
authority housing and social services departments, and to certain education,
health and medical records. In addition the Data Protection Act 1984 gives
you rights of access to personal information held on computer, the Environmental
Information Regulations to certain environmental information and the Consumer
Credit Act to credit reference records.
There are also requirements in law that certain personal and commercial
information must be kept confidential. The Code does not cut across these.
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Requesting information under the Code of Practice
You may request information from any of the bodies which come under the
jurisdiction of the Parliamentary Ombudsman. It will be helpful if your request
is made in writing (including e-mail).
Details of the information required
It will be helpful if you can be as specific as possible about the decision
or law or policy your request relates to, giving as much information as
possible.
A reply should be sent within 20 working days. If you request is likely to
take longer to answer, you will be informed. If we decide to charge you for the
information you require, you will be asked whether you wish to pay this charge
before work is undertaken.
Where can I get a copy of the Code?
You can read the Code of Practice on Access to Government Information here on the LCD website
If you wish, you may order printed copies of the Code by calling 020-7210 8755
or writing to:
Freedom of Information and Data Protection Unit
Lord Chancellor's Department
Room 151
Selborne House
54 Victoria Street
London SW1E 6QW
You can also obtain a list of bodies covered by the Code of Practice from
this address, together with copies of the Monitoring Reports for 1994 - 2002.
You may contact the Unit by Email.
Printed copies of the Code of Practice on openness in the NHS are available from:
© Crown Copyright
