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Freedom of Information Policy

FREEDOM OF INFORMATION ACT POLICY 2008

Legal Requirements

Yeovil College is committed to being open and honest in the conduct of its operations and complying fully with the Freedom of Information Act.

In accordance with the Lord Chancellors Code of Practice on the Discharge of Public Authorities‘ Functions under Part 1 of the Freedom of Information Act, further education colleges are required to adopt a publication scheme to promote a greater openness and accountability across the public sector.  The scheme helps to make information available proactively.

Yeovil College holds the views and interests of all its stakeholders with the highest importance and endeavours to be as transparent as possible within the purpose and nature of all college activities.  However it is also important to recognise that sensitive materials relating to individuals or commercially sensitive considerations cannot be made publicly available.

The publication scheme is a document which describes the information that a public authority makes available, or plans to make available.  These descriptions are called ‘classes of information' and help to classify individual pieces of information into classes, or categories.  These will be clearly listed later in the policy to describe what information can be made publicly accessible and what cannot.

All materials described in the classes or categories are available either as a hard copy, electronically, or via the website and are offered free of charge at this present time.

If you have an enquiry for information that you believe is covered by the ‘Freedom of information Act' please submit your request in writing in the first instance to;

Lily Garth - Clerk to the Corporation
Yeovil College
Mudford road
Yeovil
Somerset
BA21 4DR

Publication Scheme

Yeovil College has adopted the model publication scheme approved by the Office of the Information Commissioner.

The scheme covers the following eight key classes;

• Governance
• Financial resources
• Human resources
• Physical resources
• Student administration and support
• Information services
• Teaching and learning
• External relations

Publication Scheme

Specific requests for information

Information not already available within the scheme will be accessible through a specific request for information.  The freedom of Information act details two related rights:

The right to be told whether information exists and

• The right to receive the information (subject to exemptions)

These rights can be exercised by anyone.  The clerk to the corporation will deal with any specific request not listed in the publication scheme.

Any requests must be made in writing, which does include email.  Requestors will not be entitled to information to which nay of the exemptions in the act applies.  However only those specific pieces of information to which the exemption applies will be withheld and information covered by an exemption will be subject to a review by the college.

Yeovil College will respond to any request within 20 working days, although further reasonable details may be requested in order to identify and locate the information.

Complaints

Complaints should be addressed to the College's Quality Manager who will coordinate any complaints received in respect of this policy, which will be dealt with through the Colleges normal Complaints and Compliments Procedure.

If applicants are dissatisfied with the outcome of the Complaints Procedure they may seek an independent review from the Information Commissioner. Requests for review by the Information Commissioner should be made in writing to:

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel. 01625-545-700
Fax. 01625-545-510

Exemptions under the Act

There are 23 exemptions under the Act, some exemptions where the public interest

test applies, and others which are absolute exemptions. The full list of exemptions can be found at Appendix 1 of this policy.

The College may decide that some information it holds could be regarded as exempt information under the Act. Where a request is made for information that includes exemptions the College will consider the prejudice test and the public interest test, and may in some circumstances withhold the requested information.

APPENDIX 1 Information exempt from general access under sections of the FoI Act 2000

Absolute and Qualified Exemptions

Exemptions where the public interest test applies (qualified exemptions)

Section 22      Information intended for future publication

Section 24      National security (other than information supplied by or relating to named security organisations, where the duty to consider disclosure in the public interest does not arise.)

Section 26      Defence

Section 27      International relations

Section 28      Relations within the United Kingdom

Section 29      The economy

Section 30      Investigations and proceedings conducted by public authorities

Section 31      Law enforcement

Section 33      Audit Functions

Section 35      Formulation of government policy, etc

Section 36      Prejudice to effective conduct of public affairs (except information held by the House of Commons or the House of Lords)

Section 37      Communications with Her Majesty, etc and honours

Section 38      Health and safety

Section 39      Environmental information.

Section 40      Personal information; people cannot access personal data about themselves under the Freedom of Information Act as there is already access to such information under the Data Protection Act 1998. Personal data about other people cannot be released if to do so would breach the Data Protection Act.

Section 42      Legal professional privilege

Section 43      Commercial interests

Where a public authority considers that the public interest in withholding the information requested outweighs the public interest in releasing it, the authority must inform the applicant of its reasons, unless to do so would mean releasing the exempt information.

Exemptions where the public interest test does not apply (‘absolute exemptions')

Section 21      Information accessible to applicant by other means

Section 23      Information supplied by, or relating to, bodies dealing with security matters (a certificate signed by a Minister of the Crown is conclusive proof that the exemption is justified.  There is a separate appeals mechanism against such certificates)

Section 32      Court records, etc

Section 34      Parliamentary privilege (a certificate signed by the Speaker of the House, in respect of the House of Commons, or by the Clerk of the Parliaments, in respect of the House of Lords is conclusive proof that the exemption is justified.)

Section 36      Prejudice to effective conduct of public affairs (only applies to information held by House of Commons or House of Lords)

Section 40      Personal information (where the applicant is the subject of the information.  The applicant already has the right of ‘subject access' under the Data Protection Act 1998; where the information concerns a third party and disclosure would breach one of the Data Protection Principles )

Section 41      Information provided in confidence.

Section 44      Prohibitions on disclosure where a disclosure is prohibited by an enactment or would constitute contempt of court.

The exemptions have been the subject of considerable debate throughout the parliamentary progress of the Act.  This introduction does not attempt to provide an analysis of each exemption, or provide advice as to how exemptions might apply in particular circumstances.  Such guidance will be developed over time and in the light of case by case experience.