Freedom of Information Policy

Adopted 07.07.2025

1. Introduction

This policy sets out how St. Agnes Parish Council (the Council) complies with the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 (EIR), and the UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 (DPA). The Council is committed to transparency and accountability. This policy outlines how the public can access information held by the Council and how personal data is processed and protected.

2. Scope

This policy applies to:

  • All recorded information held by the Council (including digital and paper formats)
  • All employees, Councillors, contractors, and volunteers acting on behalf of the Council
  • All information requests made under the FOIA or EIR

3. Freedom of Information Act 2000 (FOIA)

3.1 The Right to Know

Under FOIA, any person has the right to request access to information held by the Council, subject to certain exemptions.

3.2 The Council’s Responsibilities

We are required to:

  • Respond to requests within 20 working days
  • Provide information unless it is exempt under the Act
  • Maintain a Publication Scheme

3.3 The Publication Scheme

We adopt the Model Publication Scheme issued by the ICO. This scheme commits us to make routinely available information in the following categories:

  • Who we are and what we do
  • What we spend and how we spend it
  • What our priorities are and how we are doing
  • How we make decisions
  • Our policies and procedures
  • Lists and registers
  • The services we offer

Our Publication Scheme is available on our website or in hard copy upon request.

4. How to Make a FOI Request

4.1 Requests must:

  • be in writing (email or letter)
  • contain your name and address
  • contain sufficient information to allow the Council to locate the information requested
  • be legible

Send requests to:
Clerk to the Council
clerk@stagnes-pc.gov.uk
Parish Rooms, 17 Vicarage Road
St Agnes, Cornwall TR5 0TL

4.2 Dealing with FOI Requests

All requests will be recorded by the Council and will be handled in accordance with The Freedom of Information Act 2000 and the Data Protection Act 1998.

Once a request is received, the Council has 20 working days to:

  • Confirm whether it holds the information requested
  • Advise whether the FOI applicant needs to pay a fee for the information
  • Advise who holds the information if the Council does not have it (if the information requested is held by another public authority, then the request may be transferred to the correct body with the applicant’s agreement).
  • The Council is committed to dealing with requests within the statutory timescales. This can be extended in specific circumstances after receiving legal advice. However, the Council is committed to providing a prompt service.

5. Exemptions and Refusals

The Council may withhold information under statutory exemptions (e.g., personal data, commercial sensitivity, or national security). When information is refused:

  • The applicant will receive a written explanation, citing the relevant exemption
  • They will be informed of their right to appeal

The Council will claim exemptions as appropriate whilst maintaining a commitment to openness, scrutiny and the public interest and will inform the FOI applicant when exemptions have been applied.

6. General Data Protection Regulation (GDPR)

The Council has a legal duty to protect personal data under the UK GDPR and Data Protection Act 2018. The Council will carefully consider its responsibilities before releasing any personal data about living individuals, including current and former staff, current and former Councillors and users of the Council’s services.

There are several exemptions to The Freedom of Information Act 2000 in law. The Council may need to consider whether the information requested should be released or whether it is exempt. If the information requested is exempt, then the Council has the right to refuse the request and, under these circumstances, will communicate the reasons for refusal.

7. Environmental Information Regulations 2004 (EIR)

Requests for environmental information relevant to the Council’s duties and activities are governed by the EIR. These requests do not need to be in writing. The Council will respond within 20 working days (extended to 40 if the request is complex) and exemptions may apply. Refusals will be explained in writing, with the specific regulation cited, and applicants will be informed of their right to appeal. Personal data will be protected, and requests that involve third-party personal data must comply with UK GDPR.

8. Fees and Charges

  • Information listed in the Publication Scheme is available free of charge online.
  • A fee may be charged for disbursement costs (e.g., photocopying, printing, postage). Please refer to Appendix 1 below.
  • Where specified by law (e.g., statutory fees).

If a charge is to be made, confirmation of the payment due will be given before the information is provided. Payment may be requested prior to provision of the information.

9. Complaints and Appeals

The Clerk is responsible for ensuring that any request for information is dealt with correctly and in compliance with this policy. They are also responsible for good information handling practices and record management.

If you are dissatisfied with the Council’s response to a request, please contact the Clerk for an internal review. If you remain dissatisfied, you can appeal to the Information Commissioner’s Office:

Information Commissioner’s Office
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 0303 123 1113
Website: www.ico.org.uk

10. Review of Policy

This policy will be reviewed every four (4) years, or earlier if required by legislative changes or ICO guidance.

Appendix 1: Disbursement Charges

(Applicable only where costs are incurred – most requests are free if electronic)

Service Charge
Photocopying / Printing (black & white, A4) £0.10 per sheet
Photocopying / Printing (colour, A4) £0.25 per sheet
Photocopying (A3, black & white) £0.20 per sheet
Photocopying (A3, colour) £0.50 per sheet
Postage (2nd class Royal Mail) At actual cost
USB stick / CD-ROM (if requested) £5.00 per item
Viewing information in person (by appointment) Free (unless staff supervision causes cost over threshold)
Staff time for disbursement tasks (e.g. redacting, printing) Free up to £450 total cost (Section 12, FOIA). Requests costing more may be refused or charged.

Notes:

  • No charge for email responses or accessing information already online.
  • Charges apply only when disbursement costs are incurred (e.g., physical copying or postage).
  • No profit may be made from these charges.
  • If charges apply, the requester will be notified in advance.

Legal Reference:

  • Freedom of Information Act 2000, Section 12
  • Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004
  • ICO Guidance: “Charging for information under the FOIA”