FOIA Policy and Procedures

Word version for printing

Contents

1. SCOPE OF THE POLICY AND PROCEDURES
2. RESPONSIBILITIES
3. RELATIONSHIP WITH EXISTING POLICIES
4. AVAILABLE GUIDANCE
5. THE UNIVERSITY’S PUBLICATION SCHEME
6. REQUESTS FOR INFORMATION
7. CHARGES
8. EXEMPTIONS UNDER THE ACT
9. RESPONSIBILITY FOR REVIEW
10. COMPLAINTS

These policy and procedures outline the steps which all members of the University of Central Lancashire (“the University”) must take to ensure that the University complies with the Freedom of Information Act 2000 (“the Act”). References to “the University” include references to the companies within the University Group where appropriate.

1. SCOPE OF THE POLICY AND PROCEDURES

The purpose of these policy and procedures is to ensure that the University can meet the requirements of the Freedom of Information Act 2000 and ensure in particular that:

The University publishes a significant amount of the information it routinely makes available through its publication scheme.

Other information not available through the publication scheme is readily available within the given timescale (20 working days) if requested.

Exemptions to the Act are applied with regard to both the Exemption claimed and the public interest test where appropriate.

2. RESPONSIBILITIES

Overall responsibility for compliance by the Higher Education Corporation with the Act lies with the University Board and managerial responsibility is exercised by the Deputy Vice Chancellor (SP&PM).  Responsibility for compliance by the companies within the University Group lies with the Board of Directors of the same. Responsibility for compliance with the Act is delegated to Senior Management Team Members within their respective Faculties or Services. Senior Management Team Members will nominate a Freedom of Information Contact to undertake the administration of Freedom of Information matters within the relevant Faculty Department or Service. A Freedom of Information Officer based in Strategic Development Service who is the Deputy Vice Chancellor (SP&PM)'s representative will assist Freedom of Information Contacts from each Faculty Department or Service in the implementation of this policy and procedures.

3. RELATIONSHIP WITH EXISTING POLICIES

This policy has been formulated within the context of the following University Data Protection Code of Practice.

4. AVAILABLE GUIDANCE

Guidance on the procedures necessary to comply with this code of practice are available on the web pages of the Strategic Development Service (internal only).

5. THE UNIVERSITY’S PUBLICATION SCHEME

The University’s publication scheme is available on the web.

Hard copy of the Publication scheme is available from any Faculty or Service of the University or by contacting the University Data Protection/Freedom of Information Officer in SDS.

6. REQUESTS FOR INFORMATION

The Freedom of Information Act 2000 gives a general right of access (subject to exemptions) to everyone both inside and outside the University to all types of recorded information held by the University. Requests must be in writing including e-mail or fax and do not need to make any reference to the Freedom of Information Act. They must be responded to within 20 working days.

Procedures are in place to handle any request for information. It is the responsibility of every employee of the University to ensure compliance with not only this policy and procedures but the Act itself. The University expects all of its employees to comply fully with this Policy and Procedures and the Act when handling information as part of their employment, or research or at the University.

7. CHARGES

Publication Scheme

 The University will make no charge for any information that is currently supplied free of charge either via the website or in hardcopy. A set fee of £10 may be adopted for large or time consuming documents or for multiple copies of documents which the University does not supply as a matter of course. Managers will determine where these charges apply.

Other Requests

Charges that can be imposed under the Freedom of Information Act are split into 2 bands:

Band 1 Costs relating to requests below the appropriate limit (£450 or 21/2 days spent in complying with request).

1 - The total charge for these requests is limited to costs for disbursements incurred in supplying the information.
2 - The University will waive any costs that amount to under £10 of all disbursement costs calculated on these requests.

If the charges for photocopying, postage or other related costs amount to over £10 a fees notice will be issued by the University requesting that costs are paid prior to the information being provided. Photocopying costs will be calculated at 10p per sheet. (Note the 20 working day period that the University has to comply with the information request will be extended by the number of days between the charge notice being issued and the charge being paid)

Band 2 Costs relating to requests above the appropriate limit

In cases where the costs will exceed the appropriate limit the enquirer will be contacted with an explanation of the fees regulations. The University will supply details of the estimated timescales to obtain the information and will offer to supply advice and assistance to the enquirers to enable them to consider the most effective method of making their application for information.

Where after consultation with the enquirer charges will be applicable these will be submitted to the Head of Strategic Development Service who may

a) Refuse the Request; or
b) Authorise a fees notice to be issued based upon a cost of £25 per hour plus disbursements for determining whether or not the University holds the information requested, locating, retrieving and extracting that information from a document or other source containing the information.

8. EXEMPTIONS UNDER THE ACT

 There are 23 exemptions under the Act, some exemptions are subject to the public interest test other exemptions are absolute exemptions for which it is not necessary to consider the public interest test. These exemptions are attached at Appendix 1.

When considering requests for information the University will consider if an exemption applies to the information requested. If after applying the public interest test if relevant the University decides to withhold the information requested it will notify the enquiry in the appropriate manner.

9. RESPONSIBILITY FOR REVIEW

 The Deputy Vice Chancellor (SP&PM) is responsible for the annual review of this Policy.

10. COMPLAINTS

The University complaint procedure should not be used for complaints made under the Freedom of Information Act. Complaints made about the operation of the Freedom if Information Act and the Publication Scheme within the University should be made to the Head of the Strategic Development Service.

Jean Brown
Head, Strategic Development Service
University of Central Lancashire
Preston
PR1 2HE

Unresolved Complaints should be forwarded to the Deputy Vice Chancellor (SP&PM).

David Phoenix
Deputy Vice Chancellor (SP&PM)
University of Central Lancashire
Preston
PR1 2HE

If the applicant is dissatisfied with the outcome of the complaint’s procedure they may appeal to the Information commissioner:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel 01625-545-700
Fax 01625-545-510

Contact

Strategic Development Service
University of Central Lancashire
Preston
PR1 2HE
Tel: 01772-892-561
Fax: 01772-892-947
Email: dpfoia@uclan.ac.uk