Policy Statement
The Act gives members of the public the right to access information held by the Department, subject to some exemptions. The Department supports this culture of openness and will ensure compliance with the Act by:
- putting in place appropriate procedures and practices;
- using the Department’s publication scheme to make as much information as possible available;
- regularly reviewing the publication scheme to ensure that it is maintained and kept up to date;
- responding to written requests within the 20 working day deadline;
- ensuring that all staff are aware of their responsibilities and that relevant training is provided;
- protecting personal information, by disclosing only that information which it is lawful to do so, in accordance with the provisions of the UK GDPR and Data Protection Act 2018.
Implementation
In the Department, the Departmental Information Manager (DIM) has responsibility for ensuring compliance with the Act. The DIM is supported in their role by the Information Management Branch (IMB) and Local Information Managers (LIMs) across the Department. The DIM will provide advice and assistance to LIMs in dealing with requests for information. The DIM will also have overall responsibility for:
- enabling the provision of Freedom of Information (FOI) training for staff within the Department;
- the development and maintenance of the Department’s FOI Procedures Manual;
- reporting on compliance with the Act throughout the Department.
Local Information Managers have been appointed in all Directorates and will be responsible for ensuring compliance with the Act and this policy within their business areas.
They will also provide advice to staff in their Directorates to ensure that requests received are dealt with and responded to in accordance with the Act.
Staff Responsibilities
All staff have responsibilities under the Act. They must ensure that any request for information they receive is handled in compliance with this policy and in accordance with the Departmental FOI Procedures Manual. In general staff are responsible for:
- familiarising themselves with this policy and the FOI Procedures Manual;
- identifying FOI requests quickly and ensuring they receive prompt attention;
- responding to all requests for information promptly and within 20 working days;
- disclosing information, where possible, and only withholding certain information in accordance with the exemptions laid down in the Act;
- advising members of the public who wish to make a request for information;
- working with any partners and contractors to ensure that the Department can meet its FOI obligations, including the disclosure of any information they hold on the Department’s behalf;
- consulting with third parties before disclosing information that could affect their rights and interests. However, as in accordance with the Act, the final decision on disclosure will rest with the Department;
- recording all FOI requests and responses and monitoring their own performance in handling requests and complaints;
- contacting their Local Information Manager when advice and assistance is required;
- providing input to the publication scheme as required and ensuring that the information published on the Internet is kept up-to-date and accurate;
- adhering to the Code of Practice on the Management of Records issued under Section 46 of the Freedom of Information Act and Departmental records management policies and procedures.
Publication Scheme
To comply with the Act, the Department has a Publication Scheme in place which sets out:
- the classes of information available;
- whether the information is available free of charge or if a payment is required;
- guidance on how information can be obtained
The aim of the scheme is to make information routinely available to the public. It can be viewed on the DoH website. A copy of the publication scheme may be obtained from the:
Departmental Information Manager
Information Management Branch
Annexe 3
Castle Buildings
Stormont Estate
Belfast
Email: foi@health-ni.gov.uk
Tel:(028) 90 522190
The DIM shall ensure that the publication scheme is reviewed and maintained.
Requests for Information
The Act gives individuals requesting information two rights:
(i) the right to be informed whether the Department holds certain information; and, if so
(ii) the right to have that information communicated to them.
A request for information can come in many forms but must be in writing, which can include email, using the form on the departmental internet page, text message or Twitter comment. However, given the limited text available in the latter two it is best practise to invite the requester to confirm the request via email or web form.
Requests can be met in a variety of ways such as providing a copy of the original document either electronically or in hard copy, providing a summary of the information, or by arranging for the applicant to visit the Department to access the information in person. Where possible, the information will be provided in the format requested by the applicant.
Managing Requests for Information
The Act requires the Department to respond to any written request for information promptly and within 20 working days. However, this timescale can, in exceptional circumstances, be extended if necessary to give full consideration to the public interest test. If the deadline is not expected to be met, the applicant will be advised of the reason for the delay and the anticipated reply date.
Exemptions
Certain information held by the Department will be classified as exempt under the Act. The Act provides for both absolute and qualified exemptions. Where information is absolutely exempt, there is no obligation under the Act to provide the requested information.
Most exemptions under the Act are qualified and are subject to a public interest test. Where information requested falls within the terms of a qualified exemption the relevant staff will assess whether the public interest lies in disclosing the information to the applicant or withholding the information.
Detailed information on exemptions and the public interest test can be found in the Department’s FOI Procedures Manual. Further advice can be obtained from the relevant Local Information Manager or from the DIM.
Appeals and Complaints
Any complaints about how the Department has handled requests for information under the Act should, in the first instance, be addressed to:
Head of Information Management Branch
Department of Health Information Management Branch
Annex 3
Castle Buildings
Stormont Estate
Belfast
An internal review of how the request was handled will be carried out within 20 working days. Procedures are set out in the Department’s ‘FOI Procedures Manual’.
If the applicant is not content with the outcome of the internal review, they may complain to:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
CHESHIRE
SK9 5AF
Policy Awareness
A copy of this policy will be posted on the Departmental Intranet site and will be available through the publication scheme, as will any subsequent revisions. All staff must be familiar with and comply with, the policy at all times.
Further Information
Any queries about Freedom of Information in the Department should be addressed to the relevant LIM or IMB. Further information can also be found on the websites of the Information Commissioner and the Ministry of Justice.