Public authorities have a number of duties under the Freedom of Information Act, and one of them is developing a statutory publication scheme. However, many organisations are falling short in this area.
Transparency and accountability lie at the heart of democratic governance. The UK Freedom of Information Act 2000 (FOIA) is a pivotal piece of legislation that empowers citizens with the right to access information held by public authorities. At the core of FOIA lies the concept of a statutory publication scheme, a strategic framework that fosters proactive disclosure of information.
In this article we will explore what a publication scheme is, and why is is a key part of enabling access to public records. We will also explore the benefits of having a well set up scheme and explore the risks of non-compliance.
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Why is Freedom of Information important?
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Key Components of a Publication Scheme
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The duty to have a Publication Scheme
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Why is having a Publication Scheme good?
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Risks of non-compliance
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Why is Freedom of Information Important?
First and foremost it is the spirit of the Freedom of Information Act. It opens up, for free (usually) all recorded information held by, or on behalf of, a public authority, to anyone who asks for it no matter who they are, where they are, or why they want it. The aim is for public authorities to be accountable for what they do, how they spend taxpayers’ money, and enable anyone who has “a reasonable suspicion of wrongdoing” to obtain evidence.
The aim is for public authorities to be accountable for what they do
It is not deflected by confidentiality agreements. It punches harder the more senior people are. People have to be given the information in the format they want, and have to be allowed to reuse it. Deliberately withholding information is a criminal offence. It even requires, if an organisation can exceptionally justify not releasing information, a detailed explanation of why. And in that event everyone has an automatic right of appeal.Title: The Significance and Essential Elements of a Statutory Publication Scheme under the UK Freedom of Information Act 2000
The Key Components of a Statutory Publication Scheme
All publication schemes must contain the same information. Many follow the structure set out in the Information Commissioner’s guidance on publication schemes here. However, public authorities can set up their own scheme in the way that suits them best so long as they contain these key elements.
Guide to the Information in the Scheme
A comprehensive guide serves as the roadmap to the publication scheme. It outlines the categories of information that will be disclosed, providing citizens with a clear overview of the scope and nature of available information.
Classes of Information
The scheme should categorise information into distinct classes, covering areas such as organisational structure, governance, finance, policies, and operational procedures. This categorisation streamlines access, making it easier for users to locate relevant information.
Publication Formats
The scheme should outline the formats in which information is published, ranging from printed materials to digital resources. It ensures that information is accessible to diverse audiences, accommodating various preferences and needs. You do not need to make all the information you hold available digitally. So long as it is reasonably accessible then hard copy documentation is fine. Examples include registers held by local authorities held at the local town hall, or even books in the local library.
Frequency of Updates
A dynamic publication scheme is characterized by regular updates. Defining the frequency of updates in the scheme ensures that the information remains current and reflective of the authority’s activities. Some information such as what public authorities spend and how they spend it must be updated on regular intervals.
Access to Information
Clarity on how to access information is a fundamental aspect. The scheme should detail the methods through which people can make information requests and obtain the information they want, whether it’s through printed documents, websites, or direct requests.
Charges, Fees and Copyright
Where applicable, the scheme should set out any charges or fees associated with accessing specific information. This transparency prevents surprises and fosters a sense of fairness in the disclosure process.
Sometimes public authorities can charge for costs such as postage or materials, but not for staff time unless the request will take more than 18 hours to complete. In these cases you must be advised of the charges and supported to amend your request to reduce or eliminate the costs.
In addition there are some rules that can be applied under the FOI Act about the reuse of public authority data. This should be covered in an appropriate copyright notice.
Contact Information
Providing contact details of the person responsible for overseeing the scheme aids users who may have queries or require assistance in navigating the disclosed information.
Feedback Mechanism
A progressive scheme encourages feedback. Including a mechanism through which users can offer suggestions, report issues, or seek clarification ensures continuous improvement and responsiveness.
The duty to have a Publication Scheme
Under Article 19 of the Act (as amended by the Protections of Freedoms Act 2012) every public sector organisation must maintain a publication scheme.
The classes of information required are set out well enough: What We Spend and How We Spend It, for example. But within the scheme you may also see a Disclosure Log.
The quality and compliance of publication schemes is variable by industry. The police tend to be rather good, while the NHS is generally quite poor
Article 19, as amended, requires organisations to publish the “datasets that have been requested” and keep them up to date – or in other words to publish the responses to requests they have received.
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Why is Developing a Statutory Publication Scheme good?
A well set out publication scheme can bring a number of benefits to a public authority. The most mature organisations make FOI part of their communications and engagement strategy. Some of the gains to be realised include:
Enhancing Openness and Transparency
A statutory publication scheme serves as a cornerstone of open governance. By proactively disseminating a wealth of information, public authorities demonstrate their commitment to transparency, providing a window into their operations, decision-making processes, and performance. A well-structured publication scheme empowers citizens, enabling them to make informed decisions, participate in public debates, and hold authorities accountable. Accessible information nurtures an engaged and informed citizenry, driving the democratic process forward.
Minimising the Burden of FOI Requests
An effective publication scheme minimises the need for people to make information requests. By making a wide array of information readily available, public authorities reduce the administrative burden and costs associated with handling multiple requests. Top Tip: a good publication scheme will also list the information a public authority doesn’t have, removing the need for people to ask for that too.
Risks of non-compliance
The quality and compliance of publication schemes is variable by industry. The police tend to be rather good, tellingly, while the NHS is generally quite poor. We have found among our clients, when they are negative about a full publication scheme, two “reasons” why. Firstly, they don’t think Freedom of Information is worth the time and effort. Secondly, they are worried about the reputational risks.
However, there are significant risks to not complying with the FOI Act, or its sister legislation the Environmental Information Regulations. Firstly, you would be consciously breaking the law. Secondly, maladministration of freedom of information tends to magnify the newsworthiness of an issue, such as the example of Prince Charles’s letter to ministers, which became a media event more because of the attempt to hide them than because of the content.
Thirdly, there is the risk of enforcement action from the Information Commissioner and the negative publicity that comes with it.
So, in short, a publication scheme is not a nice-to-have, it’s a must-do. You can do it grudgingly or you can embrace it and make your approach to freedom of information part of your journey from good to great.
In short, a publication scheme is not a nice-to-have, it’s a must-do
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Conclusion
A statutory publication scheme stands as a testament to a public authority’s commitment to transparency, accountability, and public engagement. By understanding the importance and embracing the key components of such a scheme, authorities contribute to an informed society that actively participates in shaping its own future. The UK Freedom of Information Act’s provision for a statutory publication scheme is not just a legal requirement; it’s a statement of dedication to the principles that underpin a strong democracy.