Freedom of Information (FoI)
FOI Evaluation
- How do I make a request for information under the Freedom of Information Act?
- Evaluation of the Freedom of Information Act
- Freedom of Information (FoI)
- Who does Freedom of Information (FoI) apply to?
- I live in Scotland, does the Act still apply?
- What are the Access Rights?
- Can I ask for information about myself under Freedom of Information?
- Who should I contact to ask for information?
- How long should I wait for a reply?
- Can you refuse to give me the information I ask for?
- What happens if you don't give me the information I want?
- Is that the end of the matter?
- Who do I contact to ask for a review?
- What if I am still unhappy?
- Role of the Information Commissioner
- Further information
- DWP Freedom of Information Foundation Pack (364KB)
An overview for DWP staff of the principles they should consider when dealing with a request for information under the Freedom of Information Act.
Related links:
- Information released under the Freedom of Information Act
- Information finder will help you find DWP information that is not available on this website
How do I make a request for information under the Freedom of Information Act?
Your request for information must:
- be in writing
- be in permanent form (including e-mail and faxes)
- give your name for reply
- give an address for correspondence (an e-mail address would be acceptable)
- describe the information requested as far as you possibly can.
You can submit your request for information via this email address freedom-of-information-request@dwp.gsi.gov.uk.
Evaluation of the Freedom of Information Act
The Constitution Unit, a research body at University College London, is carrying out an independent evaluative study of the Freedom of Information Act 2000 in co-operation with a number of public authorities. An important part of the evaluation process is gathering the experiences and opinions of FOI requesters like you. Any information you provide will be handled in accordance with the privacy policy explained in the survey.
If you would like to take part in this study, please go to the website for the survey. Or, if you prefer, contact Ben Worthy at b.worthy@ucl.ac.uk or on 020 7679 4974 to ask more about the study.
Freedom of Information (FoI)
The Freedom of Information Act 2000 (the Act) received Royal Assent on 30 November 2000.
The Act gives any person, of any nationality, anywhere in the world the right to request official information from the Department for Work and Pensions (DWP) and other public authorities. This right is subject to certain exemptions.
These access rights commenced on 1st January 2005.
The DWP approach to the release of information is a positive one; based on the assumption that information will normally be made available unless it is specifically exempt under the Act and where disclosure is not in the public interest. All requests received in DWP will be handled on their own merits and each request will be assessed against Freedom of Information criteria.
Who does Freedom of Information (FoI) apply to?
FoI applies to all public bodies including government departments, the police, local authorities, schools and hospitals/surgeries etc. In the case of DWP this will apply to the whole department including its Non-Departmental Public Bodies.
FoI has a much wider scope than the Code of Practice on Access to Government Information (Open Government Code) which has been in place since 1994 and only applied to bodies that fell under the remit of the Parliamentary Commissioner for Administration (Ombudsman). It is currently estimated that over 140,000 bodies will fall under the FoI Act.
I live in Scotland, does the Act still apply?
Yes. Scotland has introduced its own Freedom of Information legislation to cover all bodies within the remit of the Scottish Parliament. But, DWP offices in Scotland are not covered by the Scottish legislation. The UK FoI Act applies to all sections of DWP in Scotland as well as England, Wales and Northern Ireland.
What are the Access Rights?
Any body (whether an individual person or corporate body such as a private company) can apply to have access to any recorded information held by the Department. This means that potentially all information held by DWP can be released no matter in what form it is held e.g. registered paper files; electronic documents; notebooks or miscellaneous collections of paper etc.
The reason for the request, if provided, is not taken into account in deciding whether particular information will be released or withheld. If a reason is not provided we will not ask you why the information is wanted.
Additionally, the Act also provides you with the right to be told whether the information you want exists or not, but again this is subject to certain exceptions.
You can specify the manner in which you wish to receive the information e.g. a copy, summary or to actually inspect the record. DWP will attempt to comply with your request.
The Act is fully retrospective. This means that you can ask for any information held by DWP irrespective of its age. For example, a document created in 1999 can be requested under the access to information provisions of the Act even though those provisions did not come into force until 1st January 2005.
Can I ask for information about myself under Freedom of Information?
It is important to remember that Freedom of Information does not extend to the provision of personal information about yourself. Such requests will continue to be handled under the provisions of the Data Protection Act 1998.
Who should I contact to ask for information?
DWP is a vast organisation and a large part of our daily business is to provide information to the huge range of people who use, or are interested in, our services. This means that large amounts of information are already provided routinely and without question.
You should, in the first place, approach the local office that normally handles your claim or other relationship with the Department. If the request is not for them to answer they will forward it on to the appropriate part of DWP.
General contact details for the Department can be found at: www.dwp.gov.uk/contact/
How long should I wait for a reply?
A reply should be sent to you within 20 working days. If your request is complicated we may need longer that 20 working days but if this is the case we will let you know within the original 20 day period and will keep you informed of the progress of your request.
Can you refuse to give me the information I ask for?
The Act contains a number of exemptions to the right of access to information.
Most exemptions have to be considered in two stages:
- firstly whether the exemption applies to all or part of the information requested and, if so,
- is there a public interest in releasing the information which is greater than withholding it?
However, some information is covered by what is known as an "absolute" exemption. In these cases it is not necessary to consider whether there is a public interest in disclosure.
What happens if you don't give me the information I want?
A letter will be sent to you explaining why the information is not being sent to you. This letter will explain which exemption we believe applies to the information you have asked for. We will also explain why this exemption applies and what your appeal rights, under the Freedom of Information Act, are.
Is that the end of the matter?
No, if you are not happy with our decision you can ask us to have another look at your request and our decision. This review will be done by another member of DWP staff who was not part of the original decision-making process. This person will be of a more senior grade to the person who originally decided on your request. All aspects of your request will be looked at again and you will be informed of the reviewer's new decision. This decision may be to support the original, may overturn it or may provide you with other information.
Who do I contact to ask for a review?
You should contact the person who wrote to you with the response to your request. That person will ensure that the papers relevant to your request will be passed to the appropriate person to re-examine your request.
What if I am still unhappy?
If you are still not satisfied after we have looked at your request again, you can then ask the Information Commissioner to look into the way your request has been handled. The Commissioner is an independent officer who is appointed by Her Majesty the Queen and who reports directly to Parliament. The Commissioner will see all the papers about your request and decide whether our decision is fair and meets the requirements of the Freedom of Information Act.
The Commissioner can be contacted at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Fax: 01625 524 510
http://www.informationcommissioner.gov.uk
Role of the Information Commissioner
Responsibility for overseeing the operation of the FoI Act rests with the Information Commissioner who is an independent public official responsible directly to Parliament. As well as approving Publication Schemes and promoting compliance with the legislation, the Commissioner has powers of enforcement. In particular, after the investigation of complaints he will issue a Decision Notice setting out any action he requires a public authority to take to fulfil its obligations. The Commissioner is also responsible for overseeing and, where necessary, enforcing the rules for the processing of personal information set out in the Data Protection Act 1998. To find out more visit the Information Commissioner's Office website.
Further information
If you would like more information about how DWP implements the Freedom of Information Act you may contact Charles Cushing at the address below. However, please note that Charles works in a Policy unit and has no access to the records or case papers of individual customers or clients of the department.
Charles and his team cannot deal with questions about your benefit or entitlement.
Charles Cushing
Department for Work and Pensions
Information and Devolution Policy
Adjudication and Constitutional Issues Policy Division
Freedom of Information Unit
2nd Floor, The Adelphi
1 - 11 John Adam Street
London
WC2N 6HT
e-mail: freedom-of-information-request@dwp.gsi.gov.uk
Detailed information about the provisions of the FoI Act can be found on the Ministry of Justice website.