freedom of information act publication scheme freedom of … · 2018. 11. 20. · freedom of...

Freedom of Information Act – Publication Scheme

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Freedom of Information Act 2000

Publication Scheme


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Contents

Introduction 3

Objective of the publication scheme 3

What information is already available? 3

What information will not be available? 3

General Information 4

Useful background on Freedom of Information 5

Using Freedom of Information 6

Classes of Information

Who are we and what do we do 8

What we spend and how we spend it 10

What our priorities are and how we are doing 12

How we make decisions 14

Our Policies and Procedures 15

Lists and Registers 16

Services provided by the Council 17


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INTRODUCTION

The Freedom of Information Act 2000 (FOIA) requires all public authorities to adopt and maintain a “publication

scheme”. A publication scheme is the means by which a public authority lists the information that is published, in

what format it exists and what is required to access it.

This is the publication scheme for Blackpool Council (the Council). It sets out to publicly state what information is

or will be routinely published. The Council is committed to a policy of openness and access to information and

this forms a key part in delivering that policy.

OBJECTIVE OF THE PUBLICATION SCHEME

The objective of the Council for the publication scheme is to use it to show commitment to Open Government

and compliance to delivering the FOIA.

WHAT INFORMATION IS ALREADY AVAILABLE?

Through the Council website, our publication scheme and information leaflets, a large amount of information is

already available and access to this is without restriction. In addition, planning applications will continue to be

available for public access as are our finances, environmental information, accounts and other operational

material. There is a broad range of source material available containing information relating to the Council.

WHAT INFORMATION WILL NOT BE AVAILABLE?

If information is personal and private to an individual then the Data Protection Act 1998 (DPA) applies and the

FOIA does not apply. Confidential information, relating to private council tax, benefit services, tenancy

agreements, schooling etc., will continue to be protected by the Council. However, the individual concerned does

have access to their own information under DPA. Our commitment to openness is matched by our commitment

to the protection of individual privacy.

This document also contains useful information on the FOI processes adopted by the Council for achieving

compliance with the FOIA.


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GENERAL INFORMATION

Blackpool Council

The full title and address of Blackpool Council is:

Blackpool Council Town Hall Blackpool FY1 1GB Tel: 01253 477477 Website: www.blackpool.gov.uk

Titles of those responsible for this scheme

The Chief Executive is the senior officer responsible for this publication scheme on behalf of Blackpool Council.

Neil Jack Chief Executive Blackpool Council PO Box 77 Town Hall Blackpool FY1 1AD Tel: 01253 477001 (Chief Executives Office) Email: [email protected]

The Officer responsible for the day to day maintenance of this publication scheme is:

Mrs Deborah Topping ICT Manager / Consultant ICT Services Tel: 01253 478980 Email: [email protected]

http://www.blackpool.gov.uk/

mailto:[email protected]


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USEFUL BACKGROUND ON FREEDOM OF INFORMATION

Overview

The Freedom of Information Act 2000 (FOIA) received Royal Assent on 30 November 2000. It gives a general right

of access to all types of recorded information held by public authorities, sets out exemptions from that right and

places a number of obligations on public authorities. A ‘Public Authority’ is defined in the Act and includes local

government such as Blackpool Council.

Any person who makes a request to a public authority for information must be informed whether the authority

holds that information and, subject to exemptions, be supplied with that information.

What cannot be obtained under Freedom of Information?

Any personal information is controlled in law by the Data Protection Act (DPA) and is outside of the Freedom of

Information Act (FOIA). Requests for information in relation to third parties personal data will not automatically

be disclosed under FOIA, as this is an area that may be exempt from disclosure. There are a number of other

“exemptions” that may assist with making a request for information.

General descriptions of these Exemptions include: o Information accessible by other means: If is already published and freely available then the applicant can

be directed to where the published source is located. o Court records: If the judiciary is handling a matter or some form of investigation, the information is

exempt from disclosure. o Information provided in confidence: Certain agreements and information is supplied in confidence to the

Council. In normal circumstances this is exempt from disclosure under FOIA. o Prohibitions on disclosure: For example where a court order has been obtained restraining the release of

information for a given period. o Investigations and proceedings: If an investigation is on-going it is unlikely that requests for information

will be allowed whilst an investigation is in progress and prior to the publication of any findings. o Information intended for future publication: Where information is being gathered for future publication,

requests for information will be exempt as the information concerned is due to be placed in the public domain.

o National Security: Information relating to National security, defence or security matters either supplied by or to the Council, will be exempt.

o Commercial Interests: Information of a commercially sensitive nature will be exempt from publication.

This is not a complete list of exemptions but may help in formulating requests for information. Under the FOIA,

the Council has a legal obligation to provide assistance and support for enquiries made under the FOIA.


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USING FREEDOM OF INFORMATION

Making a request for information

In the first instance reference should be made, where possible, to the Council website or via one of the Council

information points. Most information requests should be able to be satisfied through our existing publications. If

you need to make a specific enquiry, please provide as much detail as you can.

Any request for information should be in permanent form such as letter or fax, though e-mail is also encouraged.

If using the e-mail system, please include the words “Freedom of Information Request” in the subject or title

section. Unfortunately formal requests cannot be handled by telephone.

For all enquiries, please include appropriate contact details for yourself. These details will be used for the supply

of the information requested. The contact details can be e-mail or postal address.

Where the information you request is readily available, we aim to provide this information promptly. Where the

information is not readily available we will follow the requirements of the Act and supply the information within

20 days.

Complaints and Appeals procedure

In the unlikely event of an applicant feeling there is an unsatisfactory element of processing or the disclosure of

information requested, there is an appropriate process to be followed.

The Council has a procedure that should be followed in this event. You can use this process to register a

complaint or lodge an appeal related to the release of information. The following is a summary of the procedure

that should be followed:

o Contact the Council to register your complaint or appeal. You must tell us your name and address or name and email address, so that we can respond to you.

o Your complaint or appeal will be acknowledged before being dealt with by the appropriate Department.

o Your complaint or appeal will be investigated and you will generally receive a response within 10 working

days.

o If you are not satisfied by our response you should write to the Information Commissioner’s Office (see ‘The role of the Information Commissioner for appeals’ below).

Any complaints or appeals are dealt with by personnel who are not connected with any original decision on

release of information.


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The role of the Information Commissioner for appeals

If following the Council’s Complaints / Appeal procedure, the applicant is not satisfied with the Council’s actions

then a further appeal can be made to the Information Commissioner, who is the arbiter in matters connected

with Data Protection and Freedom of Information.

Contact details for the Information Commissioner are:

Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire SK9 5AF Telephone 01625 545745 Website: www.ICO.gov.uk

Policy on charging for the cost of fulfilling information enquiries

The Council retains the right granted under the FOIA to levy a fee or charge in certain circumstances.

Whilst information is available free of charge on our websites, a fee or charge may be made to provide that same

information in another format such as paper.

Where information is only available in paper format, a fee or charge may be incurred if the request requires

extensive copying, multiple copies are requested or, where a fee or charge has been made or published

previously for the information.

If a fee is applicable then the applicant will be informed and an appropriate decision can be made regarding

progress of the enquiry.

The Council publishes its full FOI Charging Policy on its website.

Format in which information is available

All information to be proactively published is currently available either through the Council’s websites, in paper

format or in both formats. It is intended that all material under the publication scheme will be available via the

Council’s website.

If an applicant or member of the public has difficulty with access to information published under this scheme or

requires particular assistance, they should contact the Customer First Service, which is based at the Town Hall,

Blackpool. All Blackpool Libraries has free internet access.

http://www.ico.gov.uk/


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CLASSES OF INFORMATION

WHO WE ARE AND WHAT WE DO Council constitution

The Council's constitution consists of a number of documents that, under the Local Government Act 2000, are

required to be brought together and made available for public inspection. The articles of the constitution set out

the basic principles that underlie the way the council operates.

The other parts of the constitution include details of the council and the committees to which the council has

delegated various powers and the functions that are the responsibility of the executive; the terms of reference of

the various committees and other bodies; the standing orders that regulate the proceedings at meetings; financial

regulations; the code of practice for the procurement of works, supplies and services; codes of conduct for

members and employees; the schedule for the payment of member's allowances; and a description of the

management structure of the council's workforce.

The Council constitution is available for viewing on request at the Town Hall or on the Council’s website.

Council democratic structure

The democratic structure is published on the Council’s website in the form of committee membership details,

with an archive of the agendas and minutes from committees which are no longer operational.

Council directorate structure

The internal structure of the council services together with details of the senior officers of the Council (including

an outline of their responsibilities) is published on the Council website as a publication within the Chief Executive

information. Specific staffing structure of the directorates and departments is not included at this time.

Location and opening times of council properties

The opening times and locations of the Council offices which have public receptions are published on the council

website. These details can also be obtained from the offices or by telephone to the Council’s main contact

number.

Currently elected councillors’ information and contact details

Details of the elected councillors’ and how they can be contacted is published on the council website and is

available on request from the Council’s Democratic Service or Town Hall staff.

This information also details committee membership and which outside bodies the elected councillor represents

the Council at, or attends.


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Contact details for all customer-facing departments

Service information is published on the council website and in associated information leaflets available from a

variety of Council and public offices. This information describes how to contact that service or where further

information may be obtained.

Most recent election results

The results of the most recent elections for councillors on the Council are available on the Council website and in

the main council offices or Town Hall when appropriate. Information relating to the results of other elections

conducted in the area, such as the Police and Crime Commissioner election, is also published.


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WHAT WE SPEND AND HOW WE SPEND IT Financial statements, budgets and variance reports

The Council’s core operational finance information in the form of Financial Statements, the Annual Budget, Chart

of Accounts and general council tax information is published on the Council website. Council tax information is

published in the form of a leaflet which is provided to all council tax payers with their annual council tax

statement/invoice.

Capital programme

Information on the primary capital programme is published when applicable.

Spending reviews and financial audit reports

The Council routinely publishes information on this ‘class’ when appropriate and it can be found on the Council

website. The Council published information on spend over £500 on a monthly basis to comply with the

Government’s Transparency Agenda.

The members’ allowances scheme and the allowances paid under it to councillors each year

The outline of this scheme is published. It describes the allowances payable to councillors. Total expenses and

allowances paid are published annually.

Staff allowances and expenses

Expenses to staff are paid on a reimbursement basis. The Council does operate an allowance scheme and this is

available on request.

Pay and grading structure

The Pay Policy, scales and grading system are published on the Council website. This information is also included

on job vacancy advertisements.

Information on the salaries of senior staff is also published showing the link to the job title and pay grade/range.

Procurement procedures, List of contracts awarded and their value

Details of procedures for acquiring goods and services, and how to trade with the council are on the Council

website.

Contracts available for public tender are generally published through Buying Solutions Frameworks, OJEU

processes etc., Specific information for these tenders is not currently published on the council website.


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Financial statements for projects and events

This information is not automatically published and, subject to commercial sensitivity or confidence, will be made

available on request. For many projects this can be quite a large amount of information and requests should be

as specific as possible.


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WHAT OUR PRIORITIES ARE AND HOW WE ARE DOING Priorities The Chief Executive and Leader of the Council publish the priorities and values for the Council on information pages on the Council website. These currently consist of:

Our priorities are to:

Tackle child poverty, raise aspirations and improve educational achievement Safeguard and protect the most vulnerable Expand and promote our tourism, arts, heritage and cultural offer Improve health and well-being especially for the most disadvantaged Attract sustainable investment and create quality jobs Encourage responsible entrepreneurship for the benefit of our communities Improve housing standards and the environment we live in by using housing investment to create

stable communities Create safer communities and reduce crime and anti-social behaviour Deliver quality services through a professional, well-rewarded and motivated workforce

Values

We are accountable for delivering on the promises we make and take responsibility for our actions and the outcomes achieved

We are committed to being fair to people and treat everyone we meet with dignity and respect We take pride in delivering quality services that are community focussed and are based on listening

carefully to what people need We act with integrity and we are trustworthy in all our dealings with people and we are open about

the decisions we make and the services we offer We are compassionate, caring, hard-working and committed to delivering the best services that we

can with a positive and collaborative attitude

Strategies and business plans for services provided by the Council

A wide range of strategies and plans are published on the Council website. These include (this is not exhaustive):

Corporate Plan

Community Safety & Drugs Management

Risk Management

Carbon Management Plan

Highways Assets Management Plan (HAMP)

Children’s Services


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Internal and external organisation performance reviews

The Council reports on national performance indicators which are collated by various central government

departments. Local indictors are published in the Business Plans for services and reported quarterly. Where

possible and appropriate, these will be published. If these are not published, they should be available upon

request.

Strategies developed in partnership with other authorities

Blackpool Council publishes a number of partnership plans including those for Fylde Coast Housing, Lancashire

Waste and Lancashire Climate Change Strategy. This is not exhaustive and it is recommended that the Council

website is referred to in the first instance.


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HOW WE MAKE DECISIONS Timetable of Council meetings

Details of council meetings can be found on the Council website, in the local press and from the Town Hall.

Agendas, officers’ reports, background papers and minutes of Council committee, sub-committee and standing

forum meetings

Agendas, papers and minutes from committee meetings are published in a searchable area on the Council

website. Some background papers, by the nature of their content are withheld from publication in accordance

with the relevant legislation.

Major policy proposals and decisions

Information on major policy proposals can be found within strategies, plans and policies on the Council website.

These are made available to the public without damaging internal policy development and relations with other

public authorities.

Public consultations

Details of consultation exercises with access to the consultation papers or information about where the papers

can be obtained are published. Where possible announcement of these exercises is made via the local press, and

the results and outcomes of consultation exercises are published in summary form in the press and in the

Council’s News publication which is delivered to all residential properties within Blackpool.


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OUR POLICIES AND PROCEDURES Policies and procedures for conducting council business

Information about how to trade with, or conduct business with the Council is published on the Council website.

Policies and procedures for delivering our services

This includes local area agreements, and policies and procedures for handling information requests. These are

published on the Council website.

Policies and procedures about the recruitment and employment of staff

When vacancies are advertised as part of recruitment policies, details of current vacancies will be readily available

on the Council’s jobs and Careers online service which is accessible from the main Council website.

A number of policies, for example, equality and diversity, and health and safety, cover both the provision of

services and the employment of staff and these are published within Jobs and Careers.

Customer service

Standards for providing services to the Council’s customers, including the complaint procedure are published.

Complaints procedures will include those covering requests for information and operating the publication

scheme.

Records management and personal data policies

The Council published its Corporate Retention Schedule and Disposal Policy. This is updated and reviewed as

required. Data Sharing and DPA policies are published as they become available.

Charging regimes and policies

Details of any statutory charging regimes are provided. Charging policies should include charges made for

information routinely published. These state what costs are to be recovered and the basis on which they are

made.


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LISTS AND REGISTERS Public registers and registers held as public records

Where the Council is required to maintain any register and make the information in it available for public

inspection, the provisions covering access apply. Where registers contain personal information, we will ensure

that we consider the DPA principles.

Asset registers and information asset register

We do not publish all details from all asset registers. We will make some information from capital asset registers

available on request however, where disclosure of such data is likely to cause security issues, or contravenes

other legislation, this may be withheld in its entirety or in part.

Register of councillors’ financial and other interests

You should contact the Council’s Democratic Service for detail of how to access this register

Register of gifts and hospitality

You should contact the Council’s Democratic Service for detail of how to access this register

Highways, licensing, planning, commons, footpaths etc.,

Registers held within this class are available for inspection at the Council’s main office.

Register of electors

This is not published electronically. A version that is approved for sale is available on request and upon payment

of the notified fee.

A full version of the register is available for inspection only at the Council’s main office, or in the main Central

Library.


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SERVICES PROVIDED BY THE COUNCIL Information on the services provided by Blackpool Council, free or chargeable, can be found on the Council

website. This includes the following classes of service:

Regulatory and licensing responsibilities

Services for local businesses

Services for other organisations

Services for members of the public

Services for which the council is entitled to recover a fee, together with those fees

Information for visitors to the area, leisure information, events, museums, libraries and archive collections

Marketing Blackpool publish a wide range of information on activities and events in the town. This is available

directly from their dedicated website (www.visitblackpool.gov.uk), from a number of information points and the

Tourist Information Centre on the Promenade.

Information about events in Libraries and the Grundy Art Gallery are available on the Council website, in the

Council newspaper, and in leaflet form in a number of Council and public offices.

For information held within archives such as the Winter Gardens or the Illuminations collection, the Trusts,

service or venue should be contacted directly.

Leaflets, booklets and newsletters

These are made available in a wide range of locations including the Council offices, Council Libraries and Art

Gallery.

Advice and guidance

The Council works closely with the local branch of Advice Link to provide certain advice and guidance. Blackpool

Coastal Housing manages the Council’s housing stock/service and they have a separate website (www.bch.co.uk)

which also provides advice and guidance.

General advice or guidance on council services is available on the Council website.

Media releases

News and press releases are made available on the Council website, and are available upon request from the

Council’s Communications Team.

http://www.visitblackpool.gov.uk/

http://www.bch.co.uk/


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Election information

We recognise that the offices of the Returning Officer and of the Electoral Registration Officer are separate to the

functions of local authorities.

Information held by the Council on behalf of these two officers is not currently covered by the Freedom of

Information Act. However, much of the information about elections is also held by the Council themselves and

we will make this available. For example this will include: forthcoming elections, election results, review of

polling stations, information on becoming a councillor, voting procedures.


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Document Control

Document owner: Carl Baker, Assistant Chief Executive Organisation, Property & IT

Document number: 2.0

Document category:

Document location: Council Website

Issued by: Deborah Topping

Last edited: January 2013

Record of Amendments:

Date Version Amended by Description of changes

Approved By:

Name Title Signature Date

Carl Baker Assistant Chief Executive, Organisation, Property & IT

Carl Baker January 2013

Tony Doyle Head of ICT Services; SIRO

Tony Doyle January 2013

Ian Ridsdale ICT Senior Manager; IG Lead

Ian Ridsdale January 2013

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