The Freedom of Information Act 2000

 

Introduction
The Freedom of Information Act 2000 gives everyone a general right of access to information held by Public Authorities which includes West Yorkshire Joint Services and each of the Services that are part of the Joint Services. This is part of a move towards more openness within Government and the Public Sector.

Your request must be made in writing (which includes e-mails) and must include details of the person applying for the information and the information sought.

To make a request for information under the Freedom of Information Act use the request form.

In essence the Local Authority must:

• Inform the Applicant whether the Authority holds the information, and
• Supply a copy of the information

Individuals also have a right to see information about themselves that is being held by a Local Authority. This right is under the Data Protection Act 1998.

One of a Local Authorities' responsibilities under the Act is to produce and maintain a Publication Scheme which is designed to allow easy access to information. The publication scheme sets out the types of information (classes), the format(s) in which it is available and details of any charges incurred.

For a list of information held within the Publication Scheme and how to access this click here.

 

Exemptions
There is a general presumption of a 'Right to Know' although there are exceptions where confirmation that an authority holds the information or disclosure can be denied. These are exemptions.

There are two categories of exempt information under the Act.

• Qualified Exemptions, and
• Absolute Exemptions

Qualified Exemptions

In the case of qualified exemptions an Authority must firstly identify a possible exemption and then decide whether the public interest is served by refusing the confirmation or disclosure.

Whilst there are a number of possible qualified exemptions, the ones most likely to apply in the case of West Yorkshire Joint Services are:

• Investigations and proceedings
• Law enforcement
• Audit functions
• Health and safety
• Some personal information
• Commercial interests

Absolute Exemptions

In the case of absolute exemptions, an Authority cannot make a disclosure.

The ones most likely to apply to West Yorkshire Joint Services are:

• Information accessible by other means eg on a website
• Information intended for future publication
• Court records
• Personal information (covered by Data Protection Act provisions)
• Information provided in confidence
• Information whose disclosure is prohibited by law

Where we are claiming an exemption under the Act, we will inform you of the specific exemption which we are claiming and why it applies. This will be done within 20 working days.

For a full list of exemptions click here.

 

Responding To Requests
We will respond to requests within 20 working days starting the day after the request was received. If we require further information from you before we are able to respond the 20 days will start when this information is received.

If a fee is to be charged the 20 days will commence after receipt of the fee.

Access to Personal Data
An applicant is not entitled to personal data where no consent for disclosure has been given or where the document in question is not intended for public consumption. Individuals have the right to access information about themselves under the Data Protection Act 1998, subject to certain exemptions, which will be assessed on a case by case basis.

Requests for access to information under the Data Protection Act should be sent to the Policy and Strategy Division at West Yorkshire Joint Services. The request must be in writing (which does not include emails).

To make a request for information under the Freedom of Information Act use the request form.

 

 

Details of applicant:
Surname
First Name
Address
Post Code
Telephone
E-mail	( We may need to contact you to clarify some aspects of your request )
	If you are making the request on behalf of a company or organisation, please state below :
Name of organisation
Position held within your organisation
Details of request
I am applying for access to information concerning:
To assist the Joint Services in finding this information please provide details of any reference number that you are aware of.
	Please state if your request is for personal information (Please select as appropriate) :
	Personal                             Non Personal
Form of access	The Joint Services would normally supply the Applicant with photocopies of the information requested. If you require access to the information in another form e.g. electronically, inspection, Please specify below :
FEES	I understand there may be a charge in respect of this request yes.