• |your Council
• |your Life
• |your Elmbridge
• |do it online
• |pay it online
• |find it online
• |say it online

Freedom of Information Act

Under the Freedom of Information Act 2000 local authorities have to provide a "Publication Scheme" containing details about the information it publishes.

The |Publications Scheme for Elmbridge Borough Council is available to download.

For more information concerning our publication scheme, please |contact legal services

• |A Freedom of Information request form is available online.

The second phase of the Freedom of Information Act came into force from 1 January 2005. You are now able to access most information held by the Council.

Freedom of Information Act 2000

Phase 2

Phase 2 of the Freedom of Information Act came into effect from 1 January 2005. From this date you |may write to or email the Council to ask for access to any information. For example, you may require information on the way the Council has dealt with a particular issue or find out the background on how a decision was made. Under the Act the Council must confirm or deny that it holds the information and, usually, provide it within 20 working days.

Members of the public may like to know that details of current and past planning applications are available to view at the Civic Centre. If you would like to look at a number of files or applications that are not recent then it is advisable to contact the Town Planning Customer Focus Team on 01372 474783 or 474784 to agree a convenient time when the files will be made available.

Can The Council Refuse To Provide The Information?

The Council may only withhold information if it falls under one of the exemptions identified in the Freedom of Information Act 2000 (see below). Even if this were the case, a "public interest test" must usually be conducted to decide whether it is in the public interest to release the information or to hold it back. There are a small number of absolute exemptions where the Council may refuse to disclose specific kinds of information without conducting a public interest test.

The main exemptions relating to Local Government are:

Absolute Exemptions

• Information accessible to applicants by other means. This will most commonly be information that is included in the Council's Publication Scheme.
• Court records etc. This includes information in documents served for the purposes of legal proceedings, filed with the Court, or held by a person conducting an enquiry or arbitration.
• Personal Information. This concerns information about the person making the request and will be dealt with as a Subject Access Request under the provisions of the Data Protection Act 1998.
• Information provided in confidence. This applies if releasing the information would amount to a breach of confidence at the time the request is made.
• Prohibitions on disclosure. This applies to information the disclosure of which is prohibited by legislation, or European Community obligation, or if the disclosure would be a contempt of court.

Exemptions subject to a public interest test

• Information intended for future publication. This applies where the authority plans to publish the information in the future and it is reasonable, at the time of the request, not to disclose it until then.
• Investigations and proceedings conducted by public authorities. This covers information relevant to criminal investigations and proceedings, and information obtained for criminal or civil proceedings.
• Law enforcement. This applies to a wide range of investigations and conduct; for example, information that will prejudice the prevention or detection of crime.
• Health and safety. This exemption applies to information that would, or would be likely to endanger the physical, or mental health or safety of any individual.
• Environmental information. This section is related to the Environmental Information Regulations .
• Personal Information (concerning a third party). Requests for personal information about someone else will be dealt with under the FOIA Act, but the principles of the Data Protection Act 1998 will be used to determine whether it should be disclosed.
• Legal professional privilege. This applies where a claim to legal professional privilege could be maintained in legal proceedings.
• Commercial Interests. This exemption applies to trade secrets and information, the disclosure of which would, or would be likely to, prejudice the commercial interests of any person.

Complaints Procedure

If you are not satisfied with the way we have handled your request, with the fee charged, or with the reasons we have given for refusing to provide information, you have the right to appeal. The review of the appeal will be subject to a staged process:
If you are not satisfied with the response from the Council, you will be able to seek an internal review by other Council Officers of that decision. This will be undertaken by an officer who was not involved with the original decision. You will be informed of the outcome of this review.

In the first instance complaints can be made to the Council's |Freedom of Information Officer and sent to our address.

Elmbridge Borough Council
Civic Centre
High Street
Esher
Surrey
KT10 9SD

Following the internal review, if you still remain dissatisfied, you can seek an independent review from the Information Commissioner.

Requests for a review by the Information Commissioner should be made in writing directly to:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Tel: 01625 545 700
Fax: 01625 545 510