Thousands of council-held records are now accessible to the public.
Freedom of Information (FOI) has been in force for over three years, and in that time Wigan Council has given out reams of information to journalists, researchers and pressure groups. But less well known is the fact that any local citizen can also make an FOI request. For Borough Life readers, the council’s data protection officer, Tim Turner, explains how.
What’s it all about?
Freedom of Information covers almost all of the public sector, from government departments to parish councils, and from the biggest NHS trusts to individuals GPs. It takes in everyone from the Ministry of Defence to the British Potato Council and the Government Hospitality Advisory Committee on the Purchase of Wine. And somewhere in there is Wigan Council.
How does it work?
The idea is simple. You ask for information, and if we have it, you either get it or an explanation of why not. You don’t need to be a lawyer and it probably won’t cost you anything. What you need to do is:
- Decide what you want to know, or what documents you want to see.
- Describe that in a letter or an email.
- Include your name and address.
- You don’t have to mention FOI, but it helps if you do.
Will I get what I ask for?
Probably. We give out most of what we’re asked for. The most common reason people don’t get what they want is that the council doesn’t have it. Not everything is written down, and databases don’t always include the information people would like to see.
The second most common reason we say no is that the question is so broad it would take too long to find the answers. Some people have asked us to search through 50 years of paper files or made 10 requests in a couple of months, and that’s a bit excessive!
We might also refuse to give out information that would put health and safety at risk, or damage someone’s commercial interests. However, if you’re not happy, you can ask for a senior council officer to look at the decision a second time. And if you don’t like the outcome of that, you can appeal to the Information Commissioner.
What might I get?
We’ve given out information on serious issues like school admissions, exclusions and what we’ve spent money on. People have received details of contracts, council policies and minutes of meetings. We’ve even revealed complaints about companies, hospital food inspections, or the background to people’s own cases.
We also get requests for information that’s already available – for example, planning application files are available for inspection, and you can look at the council’s accounts and minutes of committees on our website.
Finally, we’ve told people about strange things like the Mayor’s chain, exotic pets in the borough, and whether anyone else had ever complained about a barking dog. One person even asked about black magic rituals in the Second World War, but we didn’t have any information about them!
What can’t I have?
We’re unlikely to give out information about members of the public – we do get neighbours asking about each other but everyone has a right to expect that their dealings with the council will be confidential. We also protect our legal advice, and the Information Commissioner agrees that we can.
There are some situations where we might not disclose advice given to councillors and senior council staff. However, any refusal can be challenged. You can ask about information we hold about yourself, but that’s covered by Data Protection, and the rules are slightly different.
How do I get a good response?
- Ask for hard facts – the Act is about recorded information.
- Be specific – ask for what you really want, not “all details” (we’ll ask you to if you don’t).
- Mark your request as FOI and send it to the FOI officer, Wigan Council, Town Hall, Library Street, Wigan WN1 1YN or email tim.turner@wigan.gov.uk
