Freedom of Information (FOI)

The Freedom of Information Act 2000 (FOIA) gives you a right to ask for recorded information held by the Council. This page explains what FOI is, how to make a request, what to expect, and the main reasons we may need to withhold information.

Why FOI exists

• to help people understand how public services work
• to support openness about decisions and spending
• to enable people to take part in local decision-making
• to increase accountability and public confidence

What you can request

FOI covers recorded information we hold at the time we receive your request. “Information” means information recorded in any form (for example, on paper, electronically, or as audio/video).

Examples of recorded information include emails, letters, reports, spreadsheets, contracts, policies, meeting notes, photographs, and audio/video recordings.

FOI gives you a right to access information we already hold. It does not require us to: create new information; give opinions; or answer general questions (unless we hold recorded information that answers them).

If you are asking for your own personal information, this is usually handled under data protection law (a “subject access request”) rather than FOI.

If your request is about environmental information (for example, land, planning, pollution, waste or environmental impact), it may be handled under the Environmental Information Regulations 2004 (EIR). We will advise you if a different law applies.

How long we keep information

We keep different types of records for different lengths of time, in line with our retention schedule. If information has been lawfully disposed of before we receive your request, it may no longer be held.

When we might not disclose information

Most information we hold can be provided. However, FOIA includes exemptions to protect information where disclosure would cause harm or would be unlawful. Where an exemption applies, we will explain our decision.

Some exemptions are absolute where no public interest test is required. Others are qualified, which means we must consider whether the public interest in withholding the information outweighs the public interest in disclosure.

Possible exemptions are listed below:

• Personal information (section 40)
• Your own personal information (section 40(1))
• Information provided in confidence (section 41)
• Legal professional privilege (section 42)
• Commercial interests / trade secrets (section 43)
• Law enforcement / investigations (sections 30 and 31
• Health and safety (section 38)
• Information already reasonably accessible (section 21)
• Information intended for future publication (section 22
• Prohibitions on disclosure (section 44)

We may also refuse to deal with requests that are vexatious or repeated (FOIA section 14). We consider each case on its facts and will explain our decision with reference to relevant guidance.

If your request is unclear or too broad, we may ask you to clarify it. We will provide advice and assistance to help you make a valid request and to help us identify the information you want. If we do not receive the clarification we need, we may be unable to process the request.

Further information on FOI exemptions can be found on the ICO’s website: FOI List of Exemptions

Costs and fees

Most FOI requests are free. We may charge for certain disbursements (for example, printing and postage) where permitted.

We can refuse a request if we estimate the cost of complying would exceed the legal cost limit (FOIA section 12). For local authorities, this limit is £450 (equivalent to 18 hours at £25 per hour). Only certain activities can be counted (for example, checking whether information is held and locating, retrieving and extracting it). If a request is likely to exceed the limit, we will normally offer advice and assistance to help you narrow it, for example, by reducing the time period or focusing on specific documents or services.

How to make an FOI request

You can make a request by email or letter. A valid request must:

• be in writing (email is fine);
• include your name;
• include an address for correspondence (an email address is acceptable); and
• describe the information you want (as clearly as possible).

Details of how to make a request are on our website: Make a request for information

What happens next

After we receive your request, we will:

• acknowledge your request and provide a reference number;
• provide advice and assistance where reasonable (for example, to help you refine an unclear or broad request);
• contact you if we need clarification to identify the information you want;
• respond as soon as we can and, within 20 working days;
• keep you informed where we can (for example, if we need more time to consider the public interest test for a qualified exemption); and
• tell you if a fee may apply (for example, disbursements) or if your request is likely to exceed the cost limit.

If you are unhappy with our response

You can ask us to carry out an internal review if you think we have not handled your request correctly. Details of how to request an internal review are on our website: How to make a complaint

If you remain unhappy after our internal review, you can complain to the Information Commissioner’s Office (ICO): FOI and EIR complaints

Information that may be held by other organisations

Some services are delivered by other organisations, so the Council may not hold the information you are looking for. For example, highways, social care, education, children’s services, policing, on-street parking enforcement and trading standards are often the responsibility of other public authorities. If we do not hold the information, we will tell you where possible.

Essex Highways: https://www.essexhighways.org/

Essex County Council: https://www.essex.gov.uk/

Essex Police: https://www.essex.police.uk/

North Essex Parking Partnership: https://north.parkingpartnership.org/