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www.communities.gov.uk

How to make a request

Requests under FOIA must be made to Communities and Local Government in writing

Requesting information under the Freedom of Information Act

You can ask for any information under the Freedom of Information Act (FOIA). If you ask for information we hold about you, then your request will be handled under the Data Protection Act instead of the Freedom of Information Act.

Communities and Local Government must supply information within 20 working days of your request, if possible. If not, we will write to you explaining the reasons for the delay. We will keep you informed about the progress of your request.

Making a request

Requests for information should be made in writing (letter, fax or email). You can find postal and email addresses for the different areas of Communities and Local Government in the contact us section of this site. If you can't find a relevant section of the Department, use our general 'Contact us' email address.

Exemptions

The Act allows some information to be withheld, to protect various interests. If this is the case with the information you have requested, we will give you a refusal in writing, along with the reasons for refusal and details of your right to appeal.

Areas of information for which exemptions may apply include (but are not limited to):

  • national security and defence
  • law enforcement
  • advice to Ministers in the formulation of policy
  • effective conduct of public affairs
  • confidentiality
  • commercial interests

Some exemptions are held to be absolute under the Act - the information cannot be released under any circumstances. But most require a 'public interest' test to be applied first, before the information can be withheld. This means that if it is considered to be in the public interest, the information will be released.

Requesting information under the Environmental Information Regulations

You can request information about the environment under the Environmental Information Regulations (EIRs). This can include information relating to air, water, land, natural sites, flora and fauna and decisions or activities affecting any of these.
Communities and Local Government must supply information within 20 working days of your request, if possible. If not, we will write to you explaining the reasons for the delay. And we will keep you informed about the progress of your request.

Making a request

You can make an EIR request in writing (email, fax or letter) or by phone. You can find contact details for the different areas of Communities and Local Government in the contact us section of this site. If you can?t find a relevant section of the Department, use our general email address.

Exceptions

The Regulations allow some information to be withheld, to protect various interests. If this is the case with the information you have requested, we will give you a refusal in writing, along with the reasons for refusal and details of the right to appeal.
Areas of information for which exceptions may apply include (but are not limited to):

  • national security and defence
  • legal proceedings, enquiries or investigations
  • confidential deliberations
  • commercial confidentiality or information that is otherwise confidential
  • incomplete documents or internal communications

A request may also be refused if it is unreasonable or too general.

All exceptions require the 'public interest' test to be applied before the information can be withheld. This means that if it is considered to be in the public interest, the information will be released.

Requesting information under the Data Protection Act

Under the Data Protection Act (DPA) you have the right to find out whether we hold any information about you, and if so, what it is. The Act also prohibits the misuse of your personal details.

The DPA includes eight principles, which govern how your personal information is used. It must be:

  • fairly and lawfully processed
  • processed for limited purposes
  • adequate, relevant and not excessive
  • accurate
  • not kept longer than necessary
  • processed in accordance with your rights
  • kept secure
  • not transferred abroad without adequate protection

The Act provides stronger protection for sensitive information such as political opinions, religious beliefs, sexual life and criminal history.

The Department must supply information within 40 days of your request.

In certain circumstances, you have the right to prevent further processing of your personal details, or to order the correction, blocking or erasing of inaccurate data. You may also claim compensation for any distress caused by a breach of the Act.

Making a request

Requests for information about your personal data should be sent to:

Alan Reeder
Ashdown House
123 Victoria Street
London
SW1E 6DE

A small fee and two forms of identification are required for each request made.

Fees

Most requests for information under the Freedom of Information Act (FOIA) or Environmental Information Regulations (EIRs) are free. You might be asked to pay a small amount for making photocopies or postage.

If we think it will cost us more than £600 to find the information and prepare it for release, we can turn down your request, or ask you to narrow it down.

The Data Protection Act (DPA) fees are slightly different. These can be charged up to a maximum of £10 in most cases, or up to £50 for information held in manual (i.e. non-electronic) medical records. Checking what information is held about you by credit reference agencies costs £2.

Fee limits under the FOIA and EIRs

There are two types of fees that can be charged:

  • Prescribed costs - which cover finding, sorting or editing the material. A standard hourly rate of £25 per person is used to estimate these. We will always provide information free of charge where the estimated cost of retrieving and collating the material requested is less than £600
  • Disbursements - which cover things like printing, photocopying or postage. These fees may be charged in all cases, regardless of whether the fee limit for the prescribed costs (£600) is reached. No charge will be made for disbursements where the cost is below £25

If the prescribed costs are over £600 we will let you know, and try to help you narrow down the request so that a fee may not be applicable. If you do not wish to do this, we may refuse to supply the information or charge you the full fee.

Fees notice

If you need to pay a fee, we will send you a 'fees notice' letting you know the amount you will need to pay before we can provide the information you want. If you do not pay the fee within three months, we will contact you to let you know that your request has lapsed. But if you pay the fee we will then gather the information and provide it, subject to any relevant exemptions.

The 20-day 'clock' stops when a fee notice is issued and only starts again once the fee is received.

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