On Mon, 3 Jul 2006 14:54:12 +0100, Tony Bowden <[log in to unmask]> wrote:
>Absolutely everything that would be released if requested should be
>pro-actively published.
>
But you don't always know what would (or would not) be dislosed until you
actually receive the request and consider it against the exemptions - even
the timing of receipt can make a difference, what was highly confidential
last week may not be this week!
I think whether & how much information should be pulished pro-actively
depends on (a) the type of public authority (b) the type of information
held (c) the relevance of that information to the public at large (as
opposed to individual members of the public or small single-interest
groups).
We do publish a lot of information that we collate to inform our business
functions and / or government on our website. Many of our internal
policies, procedures & guidance are also available that way, with those
that have less general interest / topicality being available on request via
publication scheme.
But we definately wouldn't have time to do the day job if we pro-actively
published ALL of the information that we hold. We've found the numbers and
the complexity of requests much greater than anticipated - I am sure that
others can say the same. Am also sure that there are some amongst the
100,000+ public authorities subject to FOIA that have never received a
single request!
Plus, for us at least, publishing is not just a case of 'pressing a
button' - handwritten notes in contemporaneous notebooks, care records and
other documents copied during inspection, witness statements and other
records related to complaints, records of evidnece for regulatory
functions, service user comment cards, etc.
Our inspection reports are freely available, but if the care provider or
service user (or family) or local press ask for the background information
that informed the report, we will consider on a case-by-case basis under
FOIA. Taking account of the nature of the information held in relation to
any particular inspection / care home, the likelihood of exemptions being
applicable, where the public interest lies, etc.
Most of our requestors are not seeking 'high level' information about
policy matters or statistics about how many care homes are registered in a
particular area or what we report to government about the care sector or
how much we spend on toilet paper.
The vast majority are (dissatisfied) complainants who want to know all the
ins & outs of how we investigated their specific complaint. Or care home
owners who don't like their inspection report and want to see
the 'evidence' for our findings.
We undertake more than 38,000 inspections a year - the reports are all
published. There's no point publishing all the background evidence -
mostly held hard copy only - as its much easier (better value for taxpayer)
to respond with an individualised reply to each of the 750 or so requests
for this type of information per year. Mostly of absolutely no interest to
anyone other than the requestor!
You may not personally mind wadding through piles of dross to get to
nuggets of information - I've wasted many a happy hour 'googling' but I
wouldn't rely on it as my only method of seeking information.
Also my experience is that young children, the elderly and adults with
mental capacity issues prefer to ask for what they want, to be given time
to consider the contents, then to ask for more (with assistance if
necessary). For a lot of people a targeted response to a specific request
is better than having to search (and maybe miss it) or be snowed under by
information overload.
Its a fairly new Act, its a new expereince for publci authoroties and for
the public, lets give it time, as we'll all adapt in the light of
experience!
Regards, Kirsty.
Kirsty E Gray
Access to Information Advisor
Commission for Social Care Inspection
Note: comments for discussion and debate only and do not necessarily
reflect the corporate position of CSCI nor constitute legal advice.
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