Freedom of Information

The Freedom of Information Act 2000 (FOIA) provides a general right of access to recorded information held by the Council.

The purpose of FOIA is:

• to improve the openness and transparency of public bodies
• to increase the accountability of public body decision making and spending
• to allow the public to engage in decision making
• to increase trust and confidence in public authorities

The Council recognises the importance of public awareness of the decisions it makes and sees the Freedom of Information Act as a means of contributing towards this awareness.

Tendring Council is subject to the Freedom of Information Act 2000. This means that the Council is required to regularly publish information about the work that it does and the money that it spend. It also means that members of the public can ask the Council for recorded information that it holds, and the Council has a duty to provide them with that information unless an exemption applies.

What is recorded information?

Information is defined in the Act as ‘information recorded in any form’. Therefore, the right of access under the legislation extends to all recorded information held by the Council, regardless of the format or storage medium.

Examples include: paper records, computer files, printed documents, letters, emails, photos, pictures, written notes, audio and video recordings etc.

Please note non-recorded information is not covered by the Act. For example, asking someone for their opinion on a decision that has not been made yet. The Council is also not required to create new information to respond to requests.

Retention of information

The Council retains different types of information for different lengths of time. The different types of information, and the length of time they are retained for is set out in the Council’s Record Retention Schedule - https://legacy.tendringdc.gov.uk/sites/default/files/documents/Retention%20Schedule%20All%20Depts-%20Final.pdf    

When might information not be disclosed?

Occasionally, the Council will be unable to supply information requested under the Freedom of Information Act 2000. In many cases, this is because the information is exempt from disclosure.

A list of exemptions can be found on the Information Commissioner’s Office website - https://ico.org.uk/for-organisations/foi/guide-to-managing-an-foi-request/exemptions/list-of-exemptions/

Where information is exempt, the Council will tell you why it is unable to supply it.

The Council does not have to comply with information requests that are vexatious or repeated, or where requests are expensive or burdensome.

The Council will refuse requests for information where it has asked you for clarification and you have not provided it.

For further information about what information is exempt from disclosure, and what is considered a vexatious request, see the Information Commissioner's Office website – https://ico.org.uk/for-organisations/foi/freedom-of-information-and-environmental-information-regulations/section-14-dealing-with-vexatious-requests/

Cost

FOI requests are generally free. In certain circumstances, a fee may be payable for determining, locating, retrieving and extracting information and/or the cost for disbursements such as photocopying and postage. If this applies, a Fees Notice will be issued to you with details of any costs involved in advance and you will be required to pay this before we can proceed to deal with your request.

The Council can make a charge when they estimate that the cost of determining whether they hold the information and of locating, retrieving and extracting it would exceed the fees limit of £450, based on an hourly rate of £25.  Section 12 of the Freedom of Information Act provides that where it would cost more than £450 to locate the information sought, the Council is not under a duty to comply.

How to make a request for information

[Insert link to the Make A Request For Information section].

What to expect after submitting your request

Once you have made a request for information under the Freedom of Information Act 2000 the Council will:

• acknowledge receipt of your request, and provide you with a reference number
• provide you with advice and assistance in relation to your request where appropriate
• explain if any further clarification is required to process your request
• respond to your request within 20 working days from the date of receipt
• keep you informed of the progress of your request where appropriate
• tell you if a fee is applicable to your request

If you’re not happy with how your request was handled

[Insert link to the Make A Complaint section].

Information not held by Tendring District Council

Please note that FOI requests concerning Highways, Social Services, Education, Children’s Services, Crime, On-street parking and Trading Standards, are not the responsibility of Tendring District Council. Please see below a list of organisations that are responsible for such information:

Essex Highways - Essex Highways | Essex County Council

Essex County Council – Welcome to Essex | Essex County Council

Essex Police – Home | Essex Police

North Essex Parking Partnership - Welcome to the North Essex Parking Partnership - North Essex Parking Partnership