Category: Freedom Of Information
Dodging the Freedom of Information Act: Why the Big Society poses a big threat to journalists
For as long as the Coalition have been in government, we’ve heard talk about the ‘Big Society’. In its broadest sense, it’s supposed to be about empowering communities to do things for themselves.
Critics – public sector trade unions, for example – argue it’s a back-door way to reduce the size of the State, shifting as much as possible out of the public sector and either into the private sector or the very grey area of non-for-profit organisations and social enterprises.
For journalists – and, indeed, anyone with an interest in holding those who spend our money to account – there’s a danger that Big Society = Big threat to our right to know.
Put simply, at the moment, if a service currently provided within the public sector – and therefore subject to FOI – is moved into the private sector, or third-party organisation, there is no guarantee that FOI legislation will follow with it.
My understanding is that those at the very top of Government are reluctant to insist on the same levels of transparency should a service move out of direct public sector control because they fear it might be seen as ‘red tape’ which puts would-be providers off.
There is an argument which says that the organisation commissioning the service from the third party organisation – a council or primary care trust, for example – should still be able to provide all the information you might want, but we already know this isn’t the case.
FOI FRIDAY: Mice at Manchester United, appealing students, cabbie grumbles and turning the lights off
Mice raid Manchester United < < < Manchester Evening News
I love this FOI. Simple, but effective – although the sports editor might not thank you
Manchester United had to deal with a mice infestation at Old Trafford, the M.E.N. can reveal. The outbreak was one of a number of hygiene and safety issues flagged up by council officials when they inspected the stadium restaurant, the Red Cafe and the staff canteen, last July. The Red Cafe was given the all-clear but the staff canteen in the West Stand was found to have a mouse infestation.
The council report was obtained by the M.E.N. under Freedom of Information laws. We asked for the results of the most recent hygiene inspections carried out at both Old Trafford and Manchester City’s ground, the Etihad Stadium
The wasted hours of ambulances at hospitals < < < Aldershot News and Mail
This data used to be released regularly – now FOI is required
MORE than 850 hours was lost through ambulance delays at Frimley Park Hospital in the first three months of the year.
Figures obtained by the News & Mail using the Freedom of Information Act show more than 863 hours were lost in turnaround times for ambulances serving the hospital’s A&E department between January and March.
The statistics only include the number of hours lost which went over the trust’s turnaround target of 30 minutes.
Continue reading
FOI: The council which wanted to keep the location of Jubilee street parties a secret. Really
Councils, for as long as I can remember, have always been keen to play up the importance of community spirit. Indeed, community cohesion was a buzzword which many authorities used repeatedly for a number of years to – depending on your point of view – meddle in areas which went beyond on their remit or help improve the areas they served.
So it must have come as a bit of a shock to Oxford Mail reporters when they asked local councils for details of street parties planned for the Queen’s latest jubilee this summer … only to be told they’d have to put an FOI request.
FOI Friday: Hospital parking, strange police phone calls, cheating students and criminals applying to work in schools
Toilet seats and compensation < < < Birmingham Mail
A WORKER sued Birmingham City Council and won £1,750 after a toilet seat collapsed causing him injuries, it has emerged.
The man was one of 274 successful claims in the last five years leaving taxpayers with a bill of almost £5 million.
Trips, exposure to deadly asbestos and problems with training were behind some of the most costly compensation payouts by the city council last year, the Birmingham Mail can reveal.
The cost of defending claims by a police force < Carlisle Times and Star
Cumbria Constabulary has paid out almost £50,000 in five years defending itself against employees who made claims of racism, sexism and unlawful deduction of wages.
The figures, released under the Freedom of Information Act, show 12 employees made claims against the force between 2008 and 2011.
Of these cases, Cumbria Constabulary lost three following an employment tribunal, won three and settled five without the need for an employment tribunal.
Bomb alerts in a city < < < Bradford Telegraph and Argus
Bomb experts carried out a controlled explosion after a smoke grenade was found in a Bradford alleyway in the 15th Army call-out to the city in three years.
Statistics from the Ministry of Defence released to the Telegraph & Argus under the Freedom of Information Act show the Catterick-based Army bomb disposal unit had been deployed to 14 other reports of suspicious packages, bomb hoaxes and improvised explosive devices in the district before the latest incident on Monday night.
Violent criminals apply to work in schools < < < Sunderland Echo
VIOLENT thugs, benefit fraudsters, drink drivers, drug users and a witness who lied under oath.
These are just some of the people who have applied to teach your children.
Today the Echo reveals the long list of convictions held by people applying to work with children in Sunderland’s schools.
The criminal offences were discovered when the past of applicants was scrutinised by the Criminal Records Bureau (CRB).
A Freedom of Information Act request found that 72 applications made in the city in the last two years were flagged up by the checking process, which unearthed 180 previous convictions.
A parking ticket issued every five minutes < < < Western Morning News
Motorists in Cornwall are being punished with parking tickets once every five minutes, the Western Morning News has discovered.
Parking officers handed out more than 36,000 tickets across the county in the past year, with drivers paying out more than £1.5 million in fi1nes.
Student plagerism on the rise < < < Nottingham Post
THE number of university students in Nottingham getting caught for cheating in coursework is on the rise.
In the past year 340 students in the city have been caught for plagiarism – almost 100 more than last year.
According to figures obtained by the Post, through a Freedom of Information request, the number of students found guilty of plagiarism at Nottingham Trent University has more than doubled, shooting up from 94 students in 2009/10 to 211 students 2010/11.
Crazy calls made to police < < < Sunday Sun
FROM vampire chases and alien attacks, to UFO and zombie sightings… these are just some of the spooky calls taken by North police forces.
Dozens of members of the public believe they have had a brush with the supernatural over the last five years.
The Sunday Sun can reveal the wacky calls received by forces in the region after a Freedom of Information Act request unearthed some ghostly goings-on.
Since 2007 more than 80 calls in relation to UFOs, aliens, zombies, vampires, ghosts and witches have been made to police by concerned members of the public.
Police officers who quit while conduct probed < < < Manchester Evening News
CAMPAIGNERS have demanded an end to hospital parking charges for seriously ill patients after a Sunday Sun investigation revealed £8m was raked in by health trusts last year.
A probe has revealed nine NHS trusts in the region raised a whopping £8,287,429 in parking fees – that’s up £106,000 on the previous year.
But many scrap all charges in some special cases, making parking free or discounted for cancer and renal patients and long-stay relatives.
Parking fines rebooted < < < The Birmingham Post
The ‘please name your top 20 streets for parking fines’ story is almost as old as the Freedom of Information Act itself but put in the context of tough economic times for businesses, it is perhaps more relevant than ever. To that end, the Birmingham Post got hold of Birmingham’s top 20 list – with one small street raking in almost £100,000.
FOI: Victory for this blogger – or proof that I’m an empty vessel?
On Sunday evening, I blogged about Bury Primary Care Trust – or NHS Bury as it prefers to be known now – using a rather complicated FOI form which left people under the impression they had to explain why they were requesting information:
Less than 24 hours later, and the page looked like this:
Every point I raised in my blog post was changed. So win for me? Maybe, maybe not. If you look in the comments thread of the original post, a Doug Paulley wrote:
hello,
please can I make a complaint?
I want to complain about your Freedom of Information Request Form at
http://www.bury.nhs.uk/here-to-help/protectingyouandyourinformation/foiform.aspx
is not acceptable for the following reasons:1) it asks for too much personal information
2) it doesn’t allow for a request for information to be made by
electronic means including email3) it asks for a reason for the FoI request.
Freedom of Information Requests are applicant and motive blind, and
you are required to make efforts to respond to requests in the format
asked for by the requester. An email address (alone) is a valid
address under the Act.For more detail, see David Higgerson’s blog on the issue athttp://davidhiggerson.wordpress.com/2012/04/22/foi-the-primary-care-trust-which-wants-to-know-why-youre-asking-questions-and-has-a-big-box-for-your-to-fill-in-your-answer/
I look forward to your response.
Doug Paulley
Doug later added:
they’ve sorted it, quickly as well! – http://www.bury.nhs.uk/here-to-help/protectingyouandyourinformation/foiform.aspx
So I think we can Bury PCT’s swift response down to the fact Doug contacted them directly. It’s a big leap to assume they read my blog post – so maybe the lesson here is that a blog post can generate discussion, but can it generate a result?
Would Bury PCT have changed it had I just contacted them directly – or did my blog post provide a catalyst for action when contained within the complaint?
I guess the way to an answer here is to ask Bury PCT directly. Which is kind of my point here. Blogging, I guess, only gets you so far.
FOI: The Primary Care Trust which wants to know why you’re asking questions (and has a big box for your to fill in your answer)
The Freedom of Information Act, originally, was driven by the principle that the public had a right to know what was going on at the organisations they funded.
There are several safety mechanisms – in theory policed by the Information Commissioner – which are designed to ensure that public bodies don’t pick and choose who they respond to.
The first is that requests should be treated in an applicant blind manner – in other words, that it shouldn’t matter who you are, you should get the same access to information. Many journalists report surprise that press officers get told about their requests, and question whether the same would happen if they were just a member of the public, but few are able to prove that being a reporter makes a material difference to the information they receive.
The second is that you don’t have to explain your motivation for making an FOI request. Indeed, the ICO’s guidance is quite clear:
You do not have to:
- mention the Freedom of Information Act or Environmental Information Regulations, although it may help to do so;
- know whether the information is covered by the Freedom of Information Act or the Environmental Information Regulations; or
- say why you want the information.
With that in mind, it’s disappointing to find Bury Primary Care Trust, pushing people with FOI requests to use this form:
My main concern is the box at the bottom, the one I’ve highlighted in red. To a reporter using FOI, it’s not a problem – we know we don’t have to explain why we want the information.
But to the ordinary man in the street, perhaps using FOI for the first time to get information which he believes he is entitled to, it’s entirely possible he’ll feel as though he has to fill this part of the form in. That, to me, is a misleading action on the part of the PCT and shouldn’t be allowed to go un-noticed.
What purpose can adding your reasons in serve? I suppose officers may argue it will help them sort out the request sooner – but surely the information someone receives in response to a question should be the same, regardless of what reasons are given for making the request.
There are other irritants in the form. The assumption the person must give their address (including postcode) is not a requirement of FOI – an email address will suffice, as ICO guidance states. Indeed, by not even asking for an email address or phone number, Bury PCT is actually making it harder to resolve any misunderstandings about the information being sought.
Bury PCT is one of the few – perhaps the only? – primary care trust to be chaired by a journalist – former Manchester Evening News editor Paul Horrocks. One has to hope that, having a chair who has dedicated his career to providing information to the public which many would rather have kept locked away, will result in Bury PCT changing its ways.
I believe public authorities have a duty to explain to people how they can use FOI to get information – and many do just that. Bury PCT should be making it clear no-one is obliged to answer their ‘reasons’ question, and should be working harder to ensure that people are leaving contact details which make them quickly accessible to deal with queries – not putting up obstacles powered by the postal service.
On the upside, however, if you search for ‘Bury PCT foi’ whatdotheyknow comes up first – I’m increasingly coming to the view that Whatdotheyknow should be the way everyone accesses FOI – a one-stop portal if you like. See, I’ve even come up with the government jargon to support the argument.
FOI: Remembering that FOI is about more than just getting data
Last month, David Cameron described the principle of open data being better than Freedom of Information because it is the process of discovery which is, to use his phrase, ‘furring up the arteries’ of government.
For what it’s worth, I can’t help but think that in central government especially, the furring up is caused by working out how to withhold information – as MPs expenses, the Hillsborough files and the use of private email accounts by Michael Gove’s advisors at the eduction department all prove.
But it shouldn’t be an either/or situation in the first place. As summed up in this Talk About Local post, the difference between FOI and open data is that the former allows the public to set the agenda for what should be released, the latter doesn’t.
Maybe it isn’t that surprising that Government seeks to find parallels between open data and FOI – after all, for journalists, FOI is a quick (but not always reliable) route to data which can make for a good story.
When I compile FOI Friday, I try to pick examples which might be useful to journalists looking for FOI ideas in their area, so data-led stories do dominate a bit.
So I thought it would be worth highlighting an excellent example of using FOI to get letters and emails which make for a great story, courtesy of the Newcastle Evening Chronicle (Disclaimer: The Chronicle is one of the regional daily titles I work with as digital publishing director for Trinity Mirror’s regional websites).
When Newcastle United owner Mike Ashley decided to rename St James’ Park as the Sports Direct Arena, it caused some upset, as you might expect. Things became heated between Newcastle City Council and club when the political leaders decided to write to the BBC and ITV urging them not to use the new name. The club, as you might expect, reacted angrily, threatening legal action if the club felt it had lost revenue as a result of the council’s actions.
All of this would have remained under wraps had it not been for an FOI request by Chronicle reporter Andrew Glover – who used FOI to get hold of the correspondence between the council and the club, from the council.
The club’s letter to the council was published here, and the response here.
It’s an excellent example of FOI being used not for data, but for information – and it’s worth remembering that communications between public bodies and others are covered by FOI (Even if the Department for Education continues to think otherwise).
The story, as you might expect, caused quite a stir and was followed up extensively – although sadly, not even the newest media players in Newcastle felt that linking to the source of the story enhanced the user’s experience. Some things never change, eh?
FOI Friday: Bad living conditions, school repair backlogs, teen drug dealers and the return of schoolyard compo

Revealing the findings of ‘neighbourhood renewal assessments’ – Stoke Sentinel
Here’s one which could run and run across the country. The Stoke Sentinel reports on the findings of a council ‘neighbourhood renewal assessment’ – the likes of which are carried out by councils all over the place.
A NEW report has painted a sobering picture of just how bad living conditions have become in the Portland Street area.
The report, released under the Freedom of Information Act, shows how much conditions have deteriorated at some of the houses.
It is based on surveys carried out at 274 properties, a mixture of private rented and owner-occupied homes, as part of the council’s Neighbourhood Renewal Assessment.
Repairs backlogs at schools – Coventry Telegraph
WARWICKSHIRE schools have a staggering £83 million backlog of repairs.
Warwickshire County Council bosses estimated the cost of getting all the county’s schools up to a reasonable standard of repair.
The figures were uncovered by the Telegraph under the Freedom of Information Act.
The cost of clearing up after police warrants – South Wales Evening Post
I think there’s a better story in here other than the one the South Wales Evening Post has gone with. It reports on the £5k in compensation the police has paid out for repairs to properties which were damaged during ‘negative warrants’ – ie warrants which were executed but didn’t lead to an arrest or seizure of goods. That’s a good story – but looking at the breakdown of negative v positive warrants, almost half were negative. A better story?
120 ‘foreign objects’ removed from patients in Lincolnshire – Boston Standard
Here’s a curious story. FOI led to the Boston Standard to find out that 120 people had ‘foreign bodies’ removed from them in hospital, yet the hospital couldn’t say what those objects were. The Standard used information from elsewhere in the country to talk about the sorts of objects which could be involved.
Teenage drug dealers – Teesside Evening Gazette
SUSPECTED child drug dealers as young as 15 were among those arrested on Teesside, new figures have revealed.
Officers from Cleveland Police arrested 17 suspected child drug dealers last year.
Five were girls held over claims they were dealing cannabis, and six of the boys, including two 15-year-olds, were risking lengthy prison sentences after allegedly dealing in Class A drugs.
The findings were obtained under the Freedom of Information Act.
Escapes from mental health units – Wigan Evening Post
10% of people admitted to mental health units in Wigan escape, according to the Wigan Evening Post.
Cost of overseas patients not paying up – Scarborough Evening News
This story stands out more because of the level of detail released than anything else:
SCARBOROUGH’S NHS Trust is owed more than £30,000 in hospital bills, racked up by overseas patients not entitled to free treatment.
The figures, obtained via a Freedom of Information request to Scarborough and North East Yorkshire Healthcare NHS Trust, show that since February 2009, £33,229.41 has either been written off or is currently being chased by the Trust.
The numbers include £10,297 that the trust is still chasing from a Syrian patient who underwent treatment in May 2010.
The highest amount written off was for £5,701, owed to them from a Thai patient who underwent treatment in August and September of 2009.
The books and CDs you aren’t borrowing from the library – Sunday Sun
Tomes such as Old Scottish Clockmakers 1453-1850 and Agrarian History of England and Wales Volume 5 have lined library shelves untouched for decades.
But surprisingly some popular names were also on our list, compiled from Freedom of Information requests by the Sunday Sun.
When it comes to music, in Northumberland, four copies of Coldplay’s album X&Y were only borrowed once last year, the same number as The Beatles’ Yellow Submarine.
The return of an old favourite: Schoolyard payouts – Leicester Mercury
A schoolgirl who was burnt when baked beans were spilled on her could be in line for a council pay-out of up to £12,000.
The hot food was spilled on the youngster’s neck at a county council-run school. The authority has now set aside thousands of pounds to cover potential compensation and legal costs.
The incident is one of 63 compensation claims made for injuries sustained at county schools during the past four years, according to new figures. But, of the 29 cases dealt with to date, just five have resulted in a compensation pay-out.
The cost of council sick pay – Birmingham Post
Birmingham City Council spent £35 million on sick pay for staff last year.
And new figures have revealed employees in some departments are taking more than double the national average of days off ill.
The authority spent £34,856,713 on sick pay between January and December last year, according to figures obtained under the Freedom of Information Act.
The council did not reveal the bill for paying agency staff to cover absences, meaning the total cost will be even higher.
FOI’s 7-year itch: If in doubt, blame the FOI Act (journalists included)
Based purely on personal experience, discussions about journalism with journalism academics tend to be either baffling or enlightening.
I’m not sure which category a Twitter discussion at the weekend with Prof Tim Luckhurst, former editor at the Scotsman and now of the Centre for Journalism at the University of Kent, falls into.
@davidhiggerson aka evidence that FoI is of rapidly diminishing value in the battle to hold power to account.—
Tim Luckhurst (@TCHL) April 01, 2012
Naturally, I disagreed. His next reply spanned three tweets:
@davidhiggerson Fair enough. Sadly it reveals little of true significance and gives reporters excuses not to pursue hard investigations.—
Tim Luckhurst (@TCHL) April 01, 2012
@davidhiggerson Hacking, Watergate and MPs expenses were not revealed through FoI. Nor were the names of war criminals living in the UK.—
Tim Luckhurst (@TCHL) April 01, 2012
@davidhiggerson FoI is often praised by newspaper groups that decline to fund expensive, meticulous reporting. We need sleuths not forms.—
Tim Luckhurst (@TCHL) April 01, 2012
And it wrapped up like this the next day:
@davidhiggerson Which reveals the obvious weakness of FoI. It is cheap. It is easy. It is not great journalism. Reporting works better.—
Tim Luckhurst (@TCHL) April 02, 2012
On one hand, I find the idea of a champion of journalism – which is what you’d expect a professor of journalism to be – playing down the importance of FOI baffling – but at the same time the misunderstanding of what FOI was meant to be for and how it is used enlightening. It’s also not the first time I’ve encountered these arguments.
First off, I’d argue that all 10 examples this week were, to varying degrees, revealing something which was otherwise unknown. The value and public interest will be best known to the editors of the publications they appeared in. Sheep worrying might raise a smile in a pub, but it’ll be a serious matter to readers of a farming publication. Likewise, if I was finding my operation was being cancelled at a time when hundreds of thousands were being spent on redundancy packages in the NHS, I’d be cross.
I also have yet to meet a reporter who’d shy away from doing what Luckhurst describes as ‘hard investigations’ given half the chance. But both those points are minor compared to the main thrust of Luckhurst’s argument.
Hacking, Watergate and MPs expenses weren’t revealed through FOI, Luckhurst says, but does that mean FOI has failed in its purpose? It’s not meant to be a tool which serves stories up on a plate for journalists. It’s meant to provide anyone with the right to know information. Indeed, Heather Brooke asked for MPs expenses under FOI and the only reason she didn’t get them is because the Government tried its hardest to use FOI exemptions to reveal the outrageous. If ever there was a lesson that the information will find a way out, this was it.
Would it have found its way out had Brooke not asked the questions? We’ll never know. But it takes journalists asking questions – or any member of the public, for that matter – to demonstrate an interest in information.
Then we move on to the idea that FOI is served up instead of investigative reporting. Again, this works on the assumption that you ask a question, get the story served up on a plate and you get your splash. FOI is riddled with pitfalls along the way and FOI is only ever the start of a story, not the story completed. Has it replaced meticulous investigations? Not in my experience – certainly when I began using it in 2005, the newsroom I worked in would do investigations if it thought it was worth the effort, but FOI didn’t replace that. And I believe the same is still true.
FOI isn’t always easy. There’s no guaranteed return. It can be cheap, but then again, so can an investigation. FOI should be an essential tool any investigative journalist is armed with. To my mind, if the story is worth asking the questions about, it’s worth finding the time to pursue – as FOI Friday shows time after time.
Done properly, FOI can help ensure you don’t struggle on a quiet news day, but it takes planning, and it takes an understanding about what the audience is interested in, and an understanding of the subject you are investigating. FOI can be blamed for a lot, but it’s not behind a perceived decline in journalism. It has made information more available – if you’re prepared to ask the right questions – as student journalists across the country will testify.
During the recent FOI hearing in parliament, journalist David Hencke suggested it actually helps whistleblowers tip journalists off to stories – because they know journalists have a route to the information with the right questions. That’s where FOI and investigative journalism meet. The two work together, and aren’t at odds.
FOI is under attack from politicians and civil servants at the moment. Finding it under attack from those within journalism is disappointing. The question I would pose to journalists criticising the use of FOI is: Would you rather we didn’t have it to use at all?
FOI: When MPs have to use the Act, there’s surely something wrong
Regardless of the public perception of MPs, there’s no denying that, once elected, they hold a privileged place in public life. Doors open for them which would remain shut to most of us. Calls will be answered when the rest of us would get an answerphone. And, you’d assume, if they ask for information, they could reasonably expect not to have to resort to the Freedom of Information Act.
MPs can, of course, attempt to hold the Government – or its ministers and departments – to account by using parliamentary questions to try and get information or, indeed, speak in the Commons should the topic be right.
And, in my experience, they tend to be able to get the audience they expect when dealing with public authorities in their communities. Or so I thought.
This week, a lot has been made by the Justice Committee over the cost authorities are having to cover to meet their obligations under the Freedom of Information Act. I am a firm believer that the costs could be substantially reduced if public authorities were more open by default. Decent, and updated, disclosure logs would be a good start, along with publication schemes which acts as a index of all the information an authority produced.
But perhaps this lack of openness is best summed by the fact that MPs and councillors are among the people having to use the Freedom of Information Act to get information.
In Bristol, MP Chris Skidmore had to use the Freedom of Information Act to find out the cost of policing some events. The FOI request resulted in this letter of praise to the Bristol Evening Post. Why would the local MP feel the need to use FOI to get information from his police force? Avon and Somerset Police is a force which can find the time to create a meaningless (because it’s not accurate) widget on its website saying how much FOI has cost this year, but doesn’t have a relationship with a local MP to get information quickly? Oddly, I can’t find a widget which predicts how many crimes remain unsolved in Avon and Somerset so far this year.
In Corby, MP Louise Mensch has resorted to FOI to get hold of a document which explains why a civic project called the Corby Cube has cost £10m more than expected. The Corby Cube is a theatre, library, register office and council office. The local council says the report can’t be release for commercial reasons, but the report was compiled by a cross-party team of councillors. Should Ms Mensch have to resort to FOI when looking into how public money has been spent? The answer, I rather suspect, is to do with saving face at the Labour-controlled council.
Looking at FOI evidence submitted by local authorities to the Justice Committee, Birmingham City Council says it receives 20 requests a year from councillors or MPs. That figure has remained static at a time when requests from the media, ‘service users’ and employees, have risen. But to have a state of affairs where local MPs – and even councillors of the same authority – using FOI to get information suggests there is something wrong.
For an MP or councillor to resort to FOI is rather like a journalist using it – you don’t do it through choice, because it takes 20 days. It’d be much better to be able to ask for the information, get it quickly and be able to trust you’ve got everything – something that’ll never be guaranteed through a press office, because the role of a press office isn’t to provide all the information, but the information an authority wishes to present.
Even when on council duty, it appears councillors don’t always get access to the information they need. In the FOI submissions, the Centre for Public Scrutiny reports that FOI is a powerful tool for members of councils overview and scrutiny committees – the very bodies which are supposed to have free access to information to ensure effective scrutiny of the all-powerful, and often one-party, cabinets which make all the decisions at councils.
If the cost of FOI really is such a problem – and I’d argue it’s the price you pay for democratic scrutiny – then surely the first job of authorities is to work out how to make it cost less while maintaining access. Being more open with everyone would be the ideal start and if even MPs and councillors are still finding themselves using it, I would suggest there’s a potentially very large culture change with a large saving attached just waiting to be implemented.


