What information can I request?

You can request any information the council holds. However, certain information may be withheld under one or more of the 23 exemptions.

If an exemption is applied, we will usually let you know, in accordance with the duty under the Act for confirming or denying what we hold.

Exemptions - Reasons for not supplying information

Some of the information which the Council holds may not have to be released under the Freedom of Information Act.

Information may not have to be released if:

1. The request is covered by an "Absolute Exemption"

Absolute exemptions include:

• The information is reasonably accessible by other means, for example the information is already provided on our publication scheme.
• Court records.
• Personal information - when it is about the person making the request (this is covered separately under the Data Protection Act) Information provided in confidence.
• Where there is a legal prohibition on disclosure.
  

2. The request is covered by a "Qualified Exemption"

This means that information should not be restricted without a Public Interest Test being carried out first. These exemptions will include:

• Information intended for future publication.
• Investigations and proceedings conducted by the Council.
• Law Enforcement.
• Communications with the Royal Household, including Honours.
• Prejudice to effective conduct of public affairs.
• Health and Safety.
• Environmental information.
• Personal information concerning a third party.
• Legal professional privilege.
• Commercial interests.

Where an exemption may apply it will be referred to a Freedom of Information Exemption Panel. In assessing qualified exemptions the starting point should be, is there a general public interest in disclosure? The right to know must be balanced against the need to facilitate effective government.

When considering a request for information that falls under one of the qualified exemptions, the Borough must weigh the public interest considerations in favour of releasing the information, and the public interest considerations in favour of not disclosing the information.

Further guidance is available from the Department of Constitutional Affairs www.dca.gov.uk/foi/index.htm