The UK ICO has issued enforcement notices to two public bodies under the Freedom of Information Act of 2000, ordering them to address a backlog of requests from the public.
The Information Commissioner’s Office (ICO) recently took action against two public service organisations for their ongoing failures to meet fundamental Freedom of Information Act 2000 (FOIA) requirements. The organisations, Devon and Cornwall Police as well as Barking, Havering, and Redbridge Hospitals NHS Trust, have been issued with formal enforcement notices due to their persistent shortcomings in promptly responding to information requests from the public. According to the ICO, both Devon and Cornwall Police and Barking, Havering, and Redbridge Hospitals NHS Trust had breached their legal obligations under FOIA by failing to provide timely and adequate responses to numerous information requests. These requests, submitted by individuals seeking public information, ranged from inquiries about crime statistics and police operations to matters related to hospital policies and procedures.
Devon and Cornwall Police must create an action plan to clear a backlog of information requests within six months due to underperforming between 2022 and 2024.
In 2023, the Information Commissioner found Devon and Cornwall Police underperforming in its response to information requests. Between 2022 and 2024, the force consistently failed to meet the statutory timeframe of 20 working days under FOIA, with response rates ranging from 39% to 65%. Their internal review response rate was poor, averaging between 0% and 22%. In addition, the backlog of older Freedom of Information (FOI) requests increased from 77 in December 2023 to 251 in June 2024. The enforcement notice issued orders the force to create and publish an action plan within 30 days, outlining how they will comply with their duties to respond promptly to information requests. They also have six months to clear the existing backlog.
The Information Commissioner took action against Barking Hospitals NHS Trust for slow FOIA response rates, issuing an enforcement notice, requiring a plan to clear the backlog by year-end.
The Information Commissioner contacted the Barking, Havering and Redbridge Hospitals NHS Trust in response to complaints about their delayed response with FOI requests. Over a 12-month period, the Trust only managed to respond to 29% of requests on time, with only 2.5% of timely responses in January 2024. The situation worsened, with a backlog of 589 requests in April 2024, increasing to 785 by June 2024. To address this issue, an enforcement notice was issued, giving the Trust 35 days to develop and publish an action plan. The goal of this plan would be to eliminate the backlog by the end of the year, and ensure that future FOI requests would be handled in a timely and efficient manner.
The enforcement notices issued to the two authorities not only mandate that they fix compliance issues, but also outline steps for coming into compliance.
If a public authority fails to comply with any of the requirements of Part I of FOIA, the organisation may be served with an enforcement notice. If the public authority fails to comply with it, the Commissioner may commence Court proceedings under section 54 of the Act. The enforcement notices issued by the ICO serve as legally binding directives to these public authorities to rectify their shortcomings in complying with FOIA. These notices outline a series of steps that both organisations must undertake to address these shortcomings.This includes implementing dependable systems to ensure prompt handling and response to information requests. In addition, the organisations are tasked with enhancing staff training on FOIA obligations, and establishing effective mechanisms for monitoring compliance.
The ICO emphasises the importance of public authorities prioritising their FOIA obligations to ensure the public’s right to information is upheld.
By holding these organizations accountable for their failures, the ICO sends a clear message that disregarding FOIA’s requirements will not be tolerated. The ICO’s Head of FOI Complaints and Appeals, Phillip Angell said “There are very clear legal requirements when it comes to FOI requests and therefore these failures have unfortunately resulted in regulatory action. These authorities must do better to clear their large FOI backlogs and put procedures in place to guarantee the timely response to all FOIs in the future and ensure that the public right to information is upheld.” It remains crucial for public authorities to prioritize their FOI obligations, ensuring that the public can exercise their right to access information and hold institutions to account.
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