Advice and Assistance under the FOI Act

The Freedom of Information Act 2000 (FOIA) grants the public the right to access information held by public authorities. Section 16 of the FOIA places a duty on public authorities to provide advice and assistance to persons who propose to make, or have made, requests for information to it.

This duty is subject to the qualification that the advice and assistance must be provided so far as it would be reasonable to expect the authority to do so.

Contents

• What Does the Act Say?

• What Does This Mean?

• The Limits to Advice and Assistance

• How to Provide Advice and Assistance

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What Does the Act Say?

Section 16 of the Act says:

“It shall be the duty of a public authority to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who propose to make, or have made, requests for information to it.”

What Does This Mean?

The purpose of the duty to provide advice and assistance is to help people to make requests for information that are likely to be successful. Public authorities should provide advice on a range of matters, including:

• How to make a request for information.

• The scope of the FOIA.

• The exemptions in the FOIA.

• How to make a complaint about a request for information.

Public authorities should also provide assistance with making requests for information, such as:

• Providing access to application forms.

• Explaining how to describe the information requested.

• Helping people to identify the information they are seeking.

• Providing guidance on the time limits for responding to requests.

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The Limits to Advice and Assistance

The duty to provide advice and assistance is not an absolute duty. Public authorities are only required to provide advice and assistance to the extent that it is reasonable to expect them to do so. This means that public authorities are not required to provide advice and assistance that would be excessively burdensome or costly.

However, public authorities should take their duty seriously. They should make sure that they have the resources and expertise to provide advice and assistance to those who need it. They should also make sure that their procedures for providing advice and assistance are clear and accessible.

How to Provide Advice and Assistance

This duty is an important part of the FOIA. It helps to ensure that the FOIA is accessible to everyone, regardless of their background or experience. It also helps to promote transparency and accountability by making it easier for people to obtain information about the activities of public authorities.

Here are some examples of how public authorities can fulfill their duty to provide advice and assistance:

• Providing a dedicated FOI officer or team to answer questions and provide guidance.

• Offering training sessions on how recognise and handle FOI requests

• Developing easy-to-use guidance on websites on how to easily make requests.

• If requests for information are refused, clearly explaining the reasons why

• Clarifying and explaining any information that is disclosed in response to requests

• Showing people how to access information if it is available elsewhere

• Taking into account any particular needs a requestor may have to help them access information

By taking these steps, public authorities can help to ensure that the FOIA is accessible to everyone and that the public has the information it needs to hold them accountable.
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