The public records act only covers a small proportion of a local authority
records. These are usually functions that are carried out at a local level but
under the auspices of a different body (ie coroners, electoral commission,
registrars, etc)
A number of semi- legislative guides ( FOIA section 46 code of practice, Local
government act 1972 section 224) provide the impetus for a local authority to
adopt a retention scheme (and use it). However none of these are compulsory that
is one of the reasons the TNA is putting forward the need to legislate more
strongly in this area.
At the current time the only way to force this issue is to follow the FOIA
complaints process. Which should end up with the authority receiving a practice
recommendation from the information commissioner saying they do not comply to,
at least, section 6.2 and 9.1 (and probably the rest of section 9) of the Code
of practice.
Thanks
Tony May
Documents Manager
Hertfordshire County Council
Phone: 01992 556 729
Ian Pearson
<[log in to unmask]> To: [log in to unmask]
Sent by: The UK Records cc:
Management mailing list Subject: Record Retention Schedules for councils
<RECORDS-MANAGEMENT-UK@JISC
MAIL.AC.UK>
31/03/2005 07:27
Please respond to
ian.pearson
Sorry to appear naïve or stupid but I have been pretending to be a member
of the public, ( well it's a tough job but someone has to do it!) and
contact my local council ( Highland in Scotland) on a Freedom of
Information request to see "the other side". They sent me a draft Record
Retentuion Schedule written in 2000 but not yet implemented by the Council
due to the Councillors not agreeing. I was wondred if this is allowed under
the Public Records Act, that a goverment body hasnt an approved RRS. To my
request on road maintence, I was told by the Council that they do not keep
records older than two years. There appears to be no accountability for
this. As Records Managers we appear to be more on the recieving end of
requests under FoI and its actually interesting to do some comparrisons
with other as the actual requestor yourself. I welcome views on this
please.
Ian Pearson
Records Manager
UKAEA
Dounreay
Thurso
Caithness
Scotland
***********************************************************
The information in this message should be regarded as
confidential and is intended for the addressee only unless
explicitly stated. If you have received this message in
error it must be deleted and the sender notified. The
views expressed in this message are personal and not
necessarily those of Hertfordshire County Council unless
explicitly stated. Please be aware that emails sent to or
received from Hertfordshire County Council may be
intercepted and read by the Council. Interception will
only occur to ensure compliance with Council policies or
procedures or regulatory obligations, to prevent or deter
crime, or for the purposes of essential maintenance or
support of the email system.
***********************************************************
|