The vast majority of public authorities are taking freedom of information seriously. Regrettably, some are not. Public authorities have now had ample opportunity to learn about FOI and to develop suitable systems to properly meet their responsibilities when dealing with information requests. The Commissioner will now be taking a more robust approach towards the small number of public authorities that repeatedly fail to meet these responsibilities.
He will do this through the use of Enforcement Notice and Practice Recommendations, details of which can be found below.
FOI enforcement strategy
Practice recommendations policy statement
Enforcement Notices
An enforcement notice is a legal order the Information Commissioner can make to require a public authority to address its failure to comply with Part 1 of the Freedom of Information Act. In practice, this is most likely to be used where there is systemic or repeated non-compliance.
The notice will explain what the public authority has failed to do and set out the Commissioner's reasons for reaching that conclusion. The notice will specify what steps the public authority needs to take in order to comply with the Act and a timescale for doing so.
Failure to comply with an enforcement notice may result in the Commissioner referring the matter to the High Court. The High Court can deal with the public authority as if it had committed contempt of court. A public authority may appeal against an enforcement notice to the Information Tribunal.
The Information Commissioner has issued an enforcement notice concerning information on the legality of military intervention in Iraq
Date: 22/05/06
Public Authority: Legal Secretariat to the Law Officers
Summary: The Information Commissioner has served a single enforcement notice to resolve the issues arising from a number of similar complaints relating to disclosure of advice given by the Attorney General on the legality of military intervention in Iraq in 2003.
Full transcript of enforcement notice 22/05/06
Appendix 6 Disclosure Statement
Annex A Attorney General's Advice 07/03/03
Annex B Statement by the Attorney General 17/3/03
Annex C Memorandum by the Foreign and Commonwealth Office
Practice Recommendations
Where the Commissioner considers that the practice of a public authority does not conform with that proposed in the codes of practice he may give that authority a practice recommendation.
A practice recommendation will specify the steps the Commissioner considers should be taken to bring about the conformity. It will be in writing and will refer to the particular provisions of the code of practice with which the Commissioner considers the public authority's practice does not conform.
3 April 2008
The Commissioner’s Enforcement team have carried out an audit of the complaints received regarding freedom of information requests made to the Department of Health. As a result of this audit the Commissioner has decided to issue the Department with a practice recommendation in relation to the section 45 Code of Practice. The recommendations result mainly from the Department’s practice of carrying out insufficient consultation with third parties, failing to transfer requests appropriately and delaying the internal review process beyond a reasonable timescale.
View a copy of the Department of Health practice recommendation
10 March 2008
Following monitoring by the ICO’s case reception unit, the Commissioner’s Enforcement team have carried out an audit of the complaints received regarding freedom of information requests made to the National Offender Management Service (NOMS). As a result of this review the Commissioner has decided to issue NOMS with a practice recommendation in relation to the section 45 Code of Practice. The recommendations result mainly from the agency’s practice of repeatedly extending the time for the public interest test and also their handling of internal reviews.
View a copy of the NOMS practice recommendation
23 October 2007
Following consultation with the National Archives, the Information Commissioner has issued Nottingham City Council with a practice recommendation in relation to the management of records at the Council. View a copy of the Nottingham City Council practice recommendation
08 May 2007
Following a recent decision notice and an audit of complaints received regarding freedom of information requests, the Information Commissioner has issued Liverpool City Council with a practice recommendation under the section 45 Code of Practice. The recommendations relate to the advice and assistance and internal procedures offered by the Council. View a copy of the Liverpool City Council practice recommendation
13 February 2007
The Information Commissioner has issued Nottingham City Council with a practice recommendation following an investigation into its handling of an information request. View a copy of the Nottingham City Council practice recommendation