ICO forces BBC to reveal details of Capita deal – Computing.co.uk 14/12/10

The ICO has ordered the BBC to reveal details of the licence fee collection contracts it has with outsourcing firm Capita, with emphasis on the incentives offered by the corporation.

Read the ICO news release here.

London Olympics: the full horrors revealed – The Telegraph 09/12/2010

After a two-year tussle under the Freedom of Information Act, the Games Monitor website have obtained the full, previously secret contracts signed by London when it agreed to host the 2012 Olympics.

Boris Johnson faces pollution threat over scrapping of congestion charge – The Evening Standard 06/12/12

Members of Clean Air in London have threatened the Mayor with legal action if he goes ahead with plans to scrap the western extension of the congestion charge zone. A TfL report to the Mayor, obtained through a freedom of information request, predicts further three to four per cent rises for nitrous oxides and particulates in the western extension if regulations are removed.

Scottish Information Commissioner
News Release: 7 December 2010

The Scottish Information Commissioner has welcomed a report showing that Scottish Borders Council has improved its performance in complying with freedom of information (FOI) requirements, to the extent that it is now demonstrating some exemplary practice.

In 2009, the Council had only complied with the statutory 20 working days allowed for responding to FOI requests in 71% of cases. Between 1 June and 31 October 2010, however, the Council had improved this performance to 99.7%

It has also implemented improvements in its staff training, systems and guidance for the public on making information requests to the Council.

The improvements follow an on-site practice assessment at the Council, undertaken by the Commissioner’s staff, in February. Practice assessments help the Commissioner identify where an authority is failing to comply with FOI laws, and then work with the authority to agree an action plan to improve its practice and achieve compliance.

The Commissioner issued his first Practice Recommendation to the Council following the assessment, calling for specific practice improvements, including compliance with statutory timescales.

Kevin Dunion, Scottish Information Commissioner, said:

“The turnaround at Scottish Borders Council is highly commendable, and shows what can be achieved when we work together. Practice assessments are a vital part of my enforcement strategy which aims to help authorities improve their response to freedom of information requests from the public. Good practice reduces the number of appeals that people have to make to me, reduces the burden on authorities and gets information into the hands of the public more quickly.”

Full press release here.
Assessment Report and Action Plan can be downloaded here.

The minutes from the latest Information Commissioner’s management board meeting show that the ICO is facing significant financial pressure from the Ministry of Justice.

It was reported that £160k of grant in aid had been surrendered to the MoJ as year-in savings…The MoJ had however asked about further in-year savings of grant in aid. Discussions with the MoJ were ongoing. It was noted that the business case for £500k of grant in aid to clear the backlog of freedom of information cases this year has yet to be agreed.

Any reduction in grant-in-aid risks reversing the substantial progress that has been made by the ICO in reducing the backlog over the last 12-18 months.

8,000 vulnerable children denied social workers – communitycare.co.uk 17/11/10
Councils have failed to allocate social workers to more than 8,000 vulnerable children across the country, a Community Care investigation revealed after making a Freedom of Information request.

27,000 NHS jobs to go, says Royal College of Nursing – The Telegraph 12/11/10
Almost 27,000 NHS jobs could go in cuts across hospitals and other acute services, according to the Royal College of Nursing which compiled information from board meeting papers and Freedom of Information requests.
Read the Royal College of Nursing report

£720k a year: Camden’s bill for housing 20 families – Hampstead & Highgate Express 9/11/10
One family, the highest claimant of housing benefit in Camden, receives a massive £6,565 a month – the equivalent of £78,780 a year, figures released under the Freedom of Information Act state.

Don’t knock our flats down, they’re all safe, say Bristol residents – Bristol Evening Post 03/11/10
Residents campaigning to save homes earmarked for demolition say councillors have been making decisions based on false statements according to official council documents obtained stating that the properties are structurally sound and can be refurbished.

Chocfinger’s Tory donation pays off – The Sunday Times 31/10/10
The secretary of state for international development intervened to help a cocoa trader beat sanctions for smuggling in Ghana according to internal documents released under Freedom of Information.

BUAV press release
10 November 2010

The Information Tribunal today described legal arguments run by Newcastle
University as ‘an affront to common sense’. The comment was made following an
appeal by the BUAV under the Freedom of Information Act (FOIA) into taxpayerfunded
experiments on nonhuman primates at Newcastle University.
The tribunal, led by Judge Bartlett QC, rejected the University’s claims that it
does not hold any information about any of the very large number of animal
experiments carried out there. It admitted that there are around 70 government
licences in operation at any one time (a single licence can involve hundreds of
animals) but claimed that only the researchers, its employees, hold information
about the research. If true, that would defeat an FOIA request.
The Tribunal gave a trenchant response to the argument:
‘[The BUAV] submitted that the result for which the University contended
was an affront to common-sense. [It] submitted it would be remarkable if
the University did not hold important information about extensive animal
research carried out on its premises by its employees, for which it
received the funds, for which it provided the facilities, the training, the
ancillary staff, the drugs, the routine equipment and the necessary
insurances, in respect of which the University owed duties of care to
safeguard employees and the local community from biosecurity risks, in
respect of which the University claimed intellectual property rights and for
which its Registrar acted as the certificate holder [person in overall charge
of animal experiments] representing the governing body and protecting the
interests of the University. We agree …’

HoldtheFrontPage.co.uk

by Paul Linford

Local government secretary Eric Pickles has moved swiftly to squash an attempt to enable councils to charge newspapers for Freedom of Information requests.

As reported on HTFP yesterday, Hampshire County Council had called for a change in the law to enable local authorities to charge organisations who may benefit commercially from receiving the
information.

The council wanted the Local Government Association to take up its cause with ministers, claiming it spent £346,000 answering FoI requests during 2009-10.

But within hours of our story appearing, Mr Pickles had issued a statement which effectively slammed the door on the idea. He said: “If councillors and council officers are to be held to account, the press and public need access to the information that will enable them to do it.

“If town halls want to reduce the amount they spend on responding to freedom of information requests they should consider making the information freely available in the first place.

“The simple act of throwing open the books, rather than waiting for them to be prised apart by the force of an FoI, might even save a few pounds in the process.

“Greater local accountability is essential to accompany the greater powers and freedoms that the new government is giving to local government.”

Mr Pickles’ statement will be seen as a shot in the arm for the Society of Editors after its executive director Bob Satchwell criticised the council’s move.

Bob said: “It’s ludicrous. Hampshire County Council should remember this information doesn’t belong to them, it belongs to the public.”

http://www.holdthefrontpage.co.uk:80/foi/101112pickles.shtml?

The House of Lords have approved Regulations giving academy schools more time to respond to Freedom of Information requests during school holidays. The Department for Education minister Nick Gibb recently confirmed that the FOI Act would apply to schools converting to academies from September 2010 and to existing academies from January 2011.

The Regulations ensure that academies will be subject to the same timeframes as the schools covered by The Freedom of Information (Time for Compliance with Request) Regulations 2004 (S.I. 2004/3364) and The Freedom of Information (Time for Compliance with Request) Regulations 2009 (S.I. 2009/1369).

During a short debate on the Regulations, Lord Campbell-Savours  highlighted a case of severe delay by a school responding to FOI requests made by the MP Ann Clywd.

Michael Gove’s ex-adviser given £500,000 free schools grant – The Guardian 28/10/2010
Pro-free schools lobby group run by Gove’s 25-year-old ex-advisor won project work – which was not advertised – to offer impartial advice on the proposals, FOI request reveals.

How the state failed to protect vulnerable children – Belfast Telegraph 27/10/2010
The summaries of four confidential Case Management Reviews on the deaths of vulnerable children in Northern Ireland highlight raise concerns about how their cases were dealt with by social services and other agencies.

British forces exposed over Afghan attacks – The Guardian 27/10/2010
Ministry of Defence releases documents linking three military units to bulk of civilian casualties.

Liberty challenges immigration detention of children – Morning Star 26/10/2010
A landmark case challenging the government’s continued detention of children was launched at the High Court in London. Liberty obtained information under the Freedom of Information Act showing that in 2009 alone, 1065 children were held in immigration detention.

40 deaths linked to child vaccines over seven years – The Sunday Times 24/10/10
Data, disclosed by the Medicines and Healthcare products Regulatory Authority (MHRA) under the Freedom of Information Act, shows that, since 2003, there have been more than 2,100 serious adverse reactions to childhood vaccines, some of which were life-threatening.

MoD papers reveal catalogue of nuclear safety failures – The Herald 17/10/10
Potentially catastrophic lapses in nuclear weapons safety at the Clyde naval base have been exposed by secret Ministry of Defence reports released after a three-year freedom of information battle.

Porton Down film shows Cold War plague tests on animals – BBC 10/10/2010
An amateur historian uncovered a top secret film from the 1950’s showing testing of a biological bomb on animals by scientists from Porton Down in Wiltshire.

London 2012: A Rubbish Olympics – Games Monitor 26/09/2010
A campaign group watching the Olympic Games in London has produced a detailed report of the radioactive waste contamination on the Olympics Site based on documents disclosed under the FOI act.

The Centre for Freedom of Information in Scotland’s autumn seminar series continues with an event on Wednesday 17 November 2010, looking at how to deal with vexatious requests.  The event will be in the Dalhousie building, University of Dundee.  A buffet lunch is served at 1pm, and the seminar will run from 2pm to 4pm.  Speakers are:

• Jane Munro, Junior Counsel, Ampersand.  Jane will share her thoughts on the various legal perspectives of ‘vexatious’ in civil litigation. What does it mean in the wider context, and how does its specific meaning within the FOI Act in Scotland compare?   
• Maurice Frankel, Director of the Campaign for FOI – Maurice is travelling up from England to share his thoughts on the Commissioner’s decisions which relate to section 14 of FOISA, ‘Vexatious or repeated requests’  
•  Valerie Malloch, Scottish Public Services Ombudsman.  The SPSO has undertaken work looking at how to deal with difficult behaviour in the complaints process.  Valerie will share their current thinking and practical thoughts for discussion, and look at where FOI fits into this bigger picture.

Why should you attend this seminar?

• This is a topic which past delegates tell us is of particular interest to them.  We seek to add direct and current value to ensure that attendance is worthwhile in these difficult economic times; 
•  The seminars provide access to some of Scotland and the UK’s biggest experts in FOI and other related matters; 
• Sessions are intentionally brief, focused and audiences relatively small, to ensure that delegates get the greatest personal benefit from attending.

The full programme for this seminar is available from www.centrefoi.org.uk/. If you would like to attend, please email centrefoi@dundee.ac.uk or download and post the booking form to Donna Hendry, School of Law, Scrymgeour Building, University of Dundee DD1 4HN.

The Information Commissioner’s Office has published the note of a meeting between the ICO and representatives of the higher education sector to discuss the implications of Freedom of Information for the sector on 29 September 2010.

At the meeting it was agreed to establish a working group representing the HE sector to work with the ICO in developing sector‐led and sector‐specific guidelines around the issues of research data, teaching materials and IPR.