Freedom of information - Deadline approaches for adoption of new model publication scheme

Updated November 2008

What is happening?
Organisations that are subject to the Freedom of Information Act (Public Authorities) are required to adopt a publication scheme detailing the types of information they hold that will be routinely made available to the public. Publication schemes must be approved by the Information Commissioner. All approvals for current schemes are due to expire on 31 December 2008.

The Information Commissioner has published a new model publication scheme that can be used by all public authorities and which the Information Commissioner expects public authorities to adopt by 1 January 2009.

How does the model publication scheme work?
The model publication scheme categorises information into seven classes, sets out the way in which information will be made available and specifies the circumstances in which charges may be made for access to information. The model scheme also sets out the circumstances in which information will not be made routinely available, namely when information is not held, if information is exempt from disclosure or if the public authority cannot easily access the information.

Public authorities are permitted to add to the model scheme without obtaining the approval of the Information Commissioner, however, any deletions must be approved by the Information Commissioner's Office.

In addition to adopting the model scheme, public authorities must publish a 'guide to information', which should provide details of the specific information the public authority will routinely make available, how the information can be accessed and whether or not a charge will be made. The Information Commissioner has indicated that he expects that, for most authorities, the guide to information will be the public authority's website. The guide to information does not need to be approved.

The Information Commissioner has also published 'definition documents' relating to the main public sectors (including central government, local government, health, education, police and other bodies). The definition documents provide guidance on the types of information that the Information Commissioner expects public authorities to publish routinely.
New public authorities created after 1 November 2008 will have 60 working days to adopt the scheme from the date they are designated as a public authority. The Information Commissioner has indicated that public authorities that are merging or undergoing boundary changes on 1 April 2009 are expected to adopt the model scheme from 1 January 2009 and to reconcile their respective directories of information following any merger or boundary change.

What should I do?
If your organisation is a public authority subject to the Freedom of Information Act, you need to:

• adopt the model publication scheme from 1 January 2009 and ensure that you have appropriate processes and procedures in place to enable compliance with the model scheme from that date;
• review the definition document relevant to your sector and use the definition document as a basis for the type of information that will be made available routinely;
• prepare a 'guide to information' ready for publication on 1 January 2009; and
• put in place a process to review the publication scheme annually to ensure that all relevant information is included and that information is made available/capable of being made available in accordance with the model scheme.

If you have any questions about the model publication scheme or require assistance in relation to adopting the new scheme, please contact Alison Deighton.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at November 2008. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.