FoIA

Source page 1

BRADFORD ON TONE PARISH COUNCIL
FREEDOM OF INFORMATION ACT 2000
Adoption of the new Model Publication Scheme has taken place. The
information available from the Parish Council under the Scheme is shown
below. Any of the information listed under Classes 1 – 7 where applicable is
available to members of the public normally by hard copy via the Clerk at any
reasonable time by prior arrangement. Costs would normally be 5p per page for
black and white copy and 10p per page for coloured copy plus postage.
Derrick Bott
Clerk to the Parish Council
(Tel 01643 224129, email angelabottderrick@gmail.com )
May 2018

Source page 2

FREEDOM OF INFORMATION ACT
NEW MODEL PUBLICATION SCHEME
(Published by NALC as L19-08)
Further to NALC Legal Briefing L03-08. (Details of earlier proposals only)
As stated therein the proposal was that the new publication scheme was to be comprised of
three elements. These are:




1.

A publication scheme – a commitment document, approved by the Information
Commissioner and adopted by a public authority ;
A sector specific manual (including the definition document) – containing definitions of
information covered within the core classes of information in the scheme and including
good practice guidance; and
A guide to proactively published information for the public – a means by which the
information made routinely available by an authority can be easily identified and
accessed.
THE PUBLICATION SCHEME

In line with section 20 of the Freedom of Information Act 2000 the Information
Commissioner has now developed and approved a new model publication scheme which can
be adopted by parish and community councils as well as parish meetings. Adoption needs to
take place by 31 December 2008 and the scheme will be operational from 1 January 2009.
For the avoidance of doubt the new Model Scheme is generic in nature (i.e. it is for all public
authorities irrespective of them being a local authority) and is not sector specific. The change
of emphasis from detailed schemes to a very generic model is a deliberate move by the
Information Commissioner’s Office.
The model publication scheme may be adopted without modification and such adoption
requires no further approval. In short parish/community councils and parish meetings can
simply adopt the scheme (by way of formal resolution) without needing to submit anything to
the Information Commissioner. This is a major change from the procedure required under the
original scheme and is significantly more straight forward. Once adopted the scheme will be
valid until further notice. Any modification which removes information from the model
scheme will require the approval of the Information Commissioner.
A copy of the new model publication scheme (in both English and Welsh) is attached and can
be disseminated to member councils and parish meetings accordingly. As will be seen the
model scheme is not vastly different to the draft which was disseminated with NALC Legal
Briefing L03-08. The model scheme is also available on the Information Commissioners
website at www.ico.gov.uk - the easiest way of locating it is to click on Publication Schemes
under the A-Z listing.
The scheme is in very basic terms evidence of a commitment/charter by parish/community
councils and parish meetings to make information available to the public as part of its normal
activities. It is however no longer the primary document that will be made available to
members of the public – that will be the guide to proactively published information (see later)
mentioned in the opening paragraph of this briefing.

Source page 3

The type of information covered in the scheme is included in the ‘classes of information’ set
out below. Although a council or parish meeting will be adopting the model scheme in its
entirety it will be committing to provide only the information which it actually holds.
Therefore if for example the council or parish meeting does not hold a specific piece of
information in one of the classes this does not mean it will be in breach of its obligations. If
the council or parish meeting does not hold any information contained in a particular class it
clearly cannot provide it. However there is no need to delete the class from the model
scheme.
Additional assistance is provided as to the definition of the classes of information in the guide
to proactively published information for the public. Two separate guides have been
developed one for parish/community councils and one for parish meetings and both are
attached.
The scheme commits a parish/community council or parish meeting:








To proactively publish or otherwise make available as a matter of routine information,
including environmental information, which is held by the council or parish meeting and
falls within the classes set out below.
To specify the information which is held by the council or parish meeting and falls within
the classes below.
To proactively publish or otherwise make available as a matter of routine information in
line with the statements contained within the scheme.
To produce and publish the methods by which the specific information is made routinely
available so that it can be easily identified and accessed by members of the public.
To review and update on a regular basis the information the council or parish meeting
makes available under this scheme.
To produce a schedule of any fees charged for access to information which is made
proactively available.
To make the publication scheme available to the public.

Classes of Information
The classes which are very broad in nature are set out below together with a brief summary of
the kind of information the Information Commissioner anticipates is likely to fall within the
scope of the class.
The classes are:1) Who we are and what we do.
Organisational information, locations and contacts, constitutional and legal governance.
2) What we spend and how we spend it.
Financial information relating to projected and actual income and expenditure, tendering,
procurement and contracts.
3) What our priorities are and how we are doing.
Strategy and performance information, plans, assessments, inspections and reviews.
4) How we make decisions.

Source page 4

Policy proposals and decisions. Decision making processes, internal criteria and procedures,
consultations.
5) Our policies and procedures.
Current written protocols for delivering our functions and responsibilities.
6) Lists and Registers.
Information held in registers required by law and other lists and registers relating to the
functions of the authority.
7) The Services we Offer.
Advice and guidance, booklets and leaflets, transactions and media releases. A description of
the services offered.
The classes of information will not generally include:




Information the disclosure of which is prevented by law, or exempt under the Freedom of
Information Act.
Information in draft form.
Information that is no longer readily available as it is contained in files which have been
placed in archive storage, or is difficult to access for similar reasons.

The method by which information published under the scheme will be made available
The model scheme contains standard paragraphs setting out how the information can be
accessed.
Parish/community councils and parish meetings will have the following obligations:









To ensure the public know what information is covered by the scheme and how it can be
obtained.
Where the council or parish meeting has a website to provide the information on that
website.
If the council or parish meeting does not have a website or it is impractical to provide it in
that format or if the applicant does not wish to access the information via the website the
council or parish meeting will indicate how information can be obtained by other means
and provide it by those means.
The council or parish meeting will provide details of the person to be contacted by those
applicants who wish to view the information in person or to take account of the
possibility that certain information only lends itself to be viewed in person. In such
circumstances an appointment to view the information must also be arranged within a
reasonable timescale.
To provide information in the language in which it is held or in such other language that
is legally required. To also translate any information where the council or parish meeting
is legally required to do so. This may be something which could impact on community
councils in accordance with the provisions of the Welsh Language Act.
To adhere to requirements under disability and discrimination legislation and any other
legislation to provide information in other forms and formats.

Source page 5

Charges which may be made for Information published under the scheme
The model scheme also contains standard paragraphs stating whether any information
contained within the classes is subject to a charge.
The scheme emphasises the following:






That any charges made by a council or parish meeting for routinely published material
must be justified and transparent and kept to a minimum.
Material which is published and accessed on a website will be provided free of charge.
Charges may be made for actual disbursements incurred such as photocopying, postage
and packing plus the cost directly incurred as a result of viewing information.
Charges may also be made for information provided under the scheme where they are
legally authorised, they are in all the circumstances, including the general principles of
the right of access to information held by public authorities, justified and are in
accordance with a published schedule or schedules of fees which is readily available to
the public.
Where a council or parish meeting is to make a charge the amount should be confirmed to
an applicant in advance. The council or parish meeting may also request payment prior to
providing the information if it so wishes.

Source page 6

Information available from …………. Parish Council
under the model publication scheme
Information to be published

Class1 - Who we are and what we do
(Organisational information, structures, locations and contacts)
This will be current information only
N.B. Councils should already be publishing as much information as possible about how they can be contacted.

Who’s who on the Council and its Committees
Contact details for Parish Clerk and Council members (named contacts where possible with telephone
number and email address (if used))
Location of main Council office and accessibility details
Staffing structure

Class 2 – What we spend and how we spend it
(Financial information relating to projected and actual income and expenditure, procurement, contracts and
financial audit)
Current and previous financial year as a minimum
Annual return form and report by auditor
Finalised budget
Precept
Borrowing Approval letter
Financial Standing Orders and Regulations
Grants given and received
List of current contracts awarded and value of contract
Members’ allowances and expenses

Class 3 – What our priorities are and how we are doing
(Strategies and plans, performance indicators, audits, inspections and reviews)
Parish Plan (current and previous year as a minimum)
Annual Report to Parish or Community Meeting (current and previous year as a minimum)
Quality status
Local charters drawn up in accordance with DCLG guidelines

Class 4 – How we make decisions
(Decision making processes and records of decisions)

Source page 7

Current and previous council year as a minimum
Timetable of meetings (Council, any committee/sub-committee meetings and parish meetings)
Agendas of meetings (as above)
Minutes of meetings (as above) – nb this will exclude information that is properly regarded as private to the meeting.
Reports presented to council meetings - nb this will exclude information that is properly regarded as private to the
meeting.

Responses to consultation papers
Responses to planning applications
Bye-laws

Class 5 – Our policies and procedures
(Current written protocols, policies and procedures for delivering our services and responsibilities)
Current information only
Policies and procedures for the conduct of council business:
Procedural standing orders
Committee and sub-committee terms of reference
Delegated authority in respect of officers
Code of Conduct
Policy statements
Policies and procedures for the provision of services and about the employment of staff:
Internal policies relating to the delivery of services
Equality and diversity policy
Health and safety policy
Recruitment policies (including current vacancies)
Policies and procedures for handling requests for information
Complaints procedures (including those covering requests for information and operating the publication
scheme)
Information security policy
Records management policies (records retention, destruction and archive)
Data protection policies
Schedule of charges )for the publication of information)

Class 6 – Lists and Registers
Currently maintained lists and registers only
Any publicly available register or list (if any are held this should be publicised; in most circumstances existing access
provisions will suffice)
Assets Register
Disclosure log (indicating the information that has been provided in response to requests; recommended as good practice, but
may not be held by parish councils)

Source page 8

Register of members’ interests
Register of gifts and hospitality

Class 7 – The services we offer
(Information about the services we offer, including leaflets, guidance and newsletters produced for the
public and businesses)
Current information only
Allotments
Burial grounds and closed churchyards
Community centres and village halls
Parks, playing fields and recreational facilities
Seating, litter bins, clocks, memorials and lighting
Bus shelters
Markets
Public conveniences
Agency agreements
A summary of services for which the council is entitled to recover a fee, together with those fees (e.g.
burial fees)

Additional Information
This will provide Councils with the opportunity to publish information that is not itemised in the lists
above

Source page 9

SCHEDULE OF CHARGES
This describes how the charges have been arrived at and should be published as part of the
guide.
TYPE OF CHARGE
Disbursement cost

DESCRIPTION
Photocopying @ ..p per
sheet (black & white)
Photocopying @ ..p per
sheet (colour)

BASIS OF CHARGE
Actual cost *

Postage

Actual cost of Royal Mail
standard 2nd class

Statutory Fee

Other

* the actual cost incurred by the public authority

Actual cost

In accordance with the
relevant legislation (quote
the actual statute)