What is the Code of Practice about ?

The Code of Practice on Access to Government Information includes five commitments, to:

• supply facts and analysis with major policy decisions;
• open up internal guidelines about departments' dealings with the public;
• supply reasons with administrative decisions;
• provide information under the Citizen's Charter about public services, what they cost, targets, performance, complaints and redress; and
• respond to requests for information.

Which bodies are covered by the Code ?

Almost all central Government departments and their agencies are covered, as well as many other public bodies. A list of main bodies is included with this leaflet. Further information about which bodies are covered can be found on the website of the Parliamentary Ombudsman.

[See also the Campaign's list of bodies covered by the Code.]

A similar Code of Practice on openness in the NHS came into effect in June 1995, and guidance on openness has been recommended to Local Authorities.

How do I obtain the information ?

Write to the relevant department, agency or body, explaining what information you require. You may wish to use the form attached. Please be as precise as possible: this will help the department to answer your request more quickly. You do not have to specify particular files or documents. It is the department's responsibility to provide the information you require.

How long will it take ?

Departments should reply to most requests within 20 working days. If they are going to need longer to reply, they will inform you.

Will it cost me anything ?

A great deal of information will be provided free of charge, especially where it is necessary to explain:

• benefits, grants and entitlements;
• the standards and performances of services;
• the reasons for administrative decisions made in your case;
• the way in which you may exercise rights to appeal or complain about a decision; or
• regulatory requirements bearing on your business.

However, to ensure that the Code does not create extra burdens on the taxpayer, there may be a charge if the information requested does not come within one of these categories and causes additional work. Charging schemes vary, so contact the department or agency for details. Charges may consist of a flat rate to cover straightforward requests, with an extra payment for any additional work. You will be asked before the work starts whether you are willing to pay the charge.

Will all information be available ?

Some categories of official information must remain confidential, for instance information relating to defence, national security or law enforcement or which is personal or commercially confidential. The Code of Practice lists all these categories.

What if I have a complaint ?

If you think that your request has not been answered properly, or that a response has taken too long, or you have been charged too much, you may ask the body who provided the information to review its decision. You will be sent details of the internal review procedure with the response to you request.

What if I am not satisfied with the outcome of internal review ?

Your next step would be to approach the Ombudsman through an M.P. The Ombudsman is an independent officer of Parliament who has the power to see the papers relevant to each case. he will decide whether departments were justified in refusing to release information. The Ombudsman has produced his own leaflet explaining how he can help the public in these and other matters. This leaflet is available from Citizen's Advice Bureaux and public libraries, or from:

The Office of the Parliamentary Commissioner for Administration
Millbank Tower
Millbank
LONDON
SW1P 4QP

0171 217 4083/4084

For complaints against Northern Ireland bodies (other than the Northern Ireland Office and the Northern Ireland Court Service) write to the Northern Ireland Ombudsman at:

33 Wellington Place
BELFAST
BT1 6HN

01232 233821

Does the Code affect my statutory rights ?

No. You already have statutory rights to personal information held by local authority housing and social services departments, and to certain education, health and medical records. In addition the Data Protection Act 1984 gives you rights of access to personal information held on computer, the Environmental Information Regulations to certain environmental information and the Consumer Credit Act to credit reference records.

[See also the Campaign's guide Your Rights to Personal Files.]

There are also requirements in law that certain personal and commercial information must be kept confidential. The Code does not cut across these.

Departmental Openness Contact Points

(The Northern Ireland departments and agencies who have their own contact points are towards the end of this list)

Agriculture, Fisheries and Food, Ministry of
Paul Fildes
MAFF Helpline Desk
Main MAFF Library
3 Whitehall Place
LONDON
SW1A 2HH
0645 335577 (at local call rates)

Requesting information under the Code of Practice

You may use the form below to request information from any of the bodies which come under the jurisdiction of the Parliamentary Ombudsman.

You do not have to use this form, but it will help us if you do. You may print off this form from these Internet pages, or write your own letter, which should include all the relevant information (see below).

For monitoring purposes only, we would be grateful if you could indicate in what capacity you are making the request.

Details of the Information Required

Please be specific about the decision/law/policy your request concerns. If possible, give names, dates, places etc.

You should receive a reply within 20 working days. If your request is likely to take longer to answer, you will be informed. If we need to charge you for providing the information you require, you will be asked whether you wish to pay this charge before work is undertaken.

Open Government Code of Practice Request Form

In what capacity are you making the request ?
  Private Individual
  Academic
  Journalist
  Business
  Representative of a charity/lobby group

Where can I get a copy of the Code ?

To order a copy of the full Code of Practice on Access to Government Information call 0171 273 3604, or write to:

Freedom of Information Unit,
Home Office
Rm 912
50 Queen Anne's Gate
LONDON
SW1H 9AT

You can obtain a list of bodies covered by the Code of Practice from this address, plus contact points for each body.

The Code of Practice is on the Internet. You can request hard copies of this leaflet (in any of the formats mentioned above), the full Code of Practice or the 1994, 1995, 1996, 1997 and 1998 Monitoring Report by sending an e-mail to foi@gtnet.gov.uk

The Code of Practice on Openness in the NHS is available from:

The Open Government Task Force,
Corporate Affairs Non-Executive Focus Unit Room 4/W/37,
Quarry House
Quarry Hill
LEEDS
LS2 7UE

0113 254 6370 or 0113 254 5613

[A copy can be found on the Campaign's web site.]

July 1999