by Laura Barr

I have to confess being largely unaware of the Freedom of Information Act, until last year when I found myself faced with a project intended to identify current practices in NHS Orthotic services across the UK. I won’t bore you with the project details here, but to provide some context – building a platform for best practice involves understanding the current clinical landscape.  Wholesome blue sky thinking.  But how do you actually get that information? I mean, short of door-stepping every NHS Trust and Health Board in the UK and hoping they will trade information for cupcakes. Did you know there are over 200 Trusts and Boards? That’s a lot of cupcakes.

Having been reliably informed that questionnaires may have a slightly disappointing return rate, regardless of the quality of your bribes incentives, I turned to the authors of prior publications and projects which had a similar scoping remit to my own. Enter the wonderful Dr Nicky Eddison, who introduced me to the UK Freedom of Information (FOI) Acts.

What is the Freedom of Information Act?

The Freedom of Information Act 2000 and the Freedom of Information (Scotland) Act 2002, provide public access to the information held by public authorities, such as the NHS. Under these acts, public authorities within the UK are required to publish information about certain aspects of their activities and spending, and any member of the public is entitled to request certain types of information directly from that authority.

The Act covers all pieces of information that are recorded and held by a public authority. This includes the usual things that may spring to mind such as official documents and policies, but it also includes recorded information such as emails, notes, document drafts and even CCTV and telephone recordings. While taking the time to ponder the implications of that, you might want to read some of the many news articles disclosing ministerial email communications, or perhaps the cost of the HCPC Christmas lunch.

Why was the Act developed?

The purpose of the Act is to provide greater transparency and accountability of public services that can significantly impact the lives of UK residents and are partly funded by UK taxpayers. In the 1997 “White Paper”, the UK government discussed the development of the Act, explaining that –

“Openness is fundamental to the political health of a modern state. This White Paper marks a watershed in the relationship between the government and people of the United Kingdom. At last there is a government ready to trust the people with a legal right to information.”

In evidence of this, the Information Commissioners office published findings in 2011 demonstrating that 81% of public bodies included in their survey agreed that the Act had increased public trust in their organisation.

There are of course exemptions to the information that public authorities are required to provide. The Act itself is understandably complex in places and there is a degree of “grey area”, but fundamentally the main exemptions relate to requests for non-fact based information such as personal opinion, or information that would prove excessively time consuming or costly for the public authority to obtain.  There are also limitations on information around personal data that may breach data protection.

When can information be requested from NHS services?

Any member of the public can request information via the Freedom of Information Act at any time, as long as this is done in the correct way and though the correct channels. FOI requests made to an NHS Trust or Health Board should be directed to the relevant Freedom of Information team within that area. This team will usually sit within the Information Governance department, the contact details for whom will be available on the Trust or Health Board website.

In order to comply with the Act, FOI requests must be written, must state clearly the information that is being sought, must contain a contact address or email address, and must contain the requestors real name. Requestors do not need to provide a reason for requesting the information.

The NHS Trust or Health Board has 20 days to reply to a Freedom of Information request, in order to comply with the Act. In some instances, they may request an extension depending on the particular circumstances surrounding the request.

How does the Act affect Orthotic and Prosthetic services?

If you manage a NHS Orthotic or Prosthetic service, or you manage a company who provides Orthotic or Prosthetic services to the NHS, then you have likely been approached for information requested via the Freedom of Information Act at some stage. One of those requests was probably mine. That was the one with the cupcake. If you didn’t receive a cupcake, then it must have been stolen by the Information Governance team. Speaking of which…

Requests should be routed to you from the relevant Information Governance team in your Trust or Health Board. The Information Governance team will generally screen the request for appropriateness and compliance with the Act before sending this to you, and they will provide guidance on the submission deadline for each request.

The Information Commissioners Office state that:

“Disclosure of information should be the default – in other words, information should be kept private only when there is a good reason, and it is permitted by the Act”

In conclusion

The Freedom of Information Act provides a framework for the transparency of information relating to public authorities including the NHS, for the general public who use and contribute to those services.

Further information for public sector organisations can be found at the Information Commissioners website: https://ico.org.uk/for-organisations/guide-to-freedom-of-information/what-is-the-foi-act/

Further information for the general public can be found at: https://www.gov.uk/make-a-freedom-of-information-request