Access to meetings and Using the freedom of information Flashcards
(25 cards)
Access to Local Government Meetings
Public Right to Attend
- Under the 1985 Local Government (Access to Information Act) and the 2011 Localism Act, the press and public have a right to attend all Cabinet, Full Council, Committee, Sub-Committee, Scrutiny, and Overview Committee meetings.
Access to Local Government Meetings
Advance Notice:
- Councils must give the public five days notice of any public meeting taking place.
- Agendas and background papers must also be published.
- No item can be discussed if it is not on the agenda five days before the meeting.
Access to Local Government Meetings
Exclusions:
- The press and public can be excluded if exempt or confidential items are to be discussed.
Access to Local Government Meetings
Exempt items
Examples
- Personal or commercially sensitive information, such as commercial contracts.
What are Confidential items?
- Information supplied by government departments, or matters disclosure of which is prohibited by the courts, for example, issues of national security or anti-terror laws.
- Cabinets can meet in private if public presence is likely to cause the council to breach a legal obligation or to maintain orderly conduct.
Right to Report:
- Under the Local Audit and Accountability Act 2014, journalists and the public can blog, record, film, and tweet during any meeting open to the public.
- Councils can ask that filming does not interfere with the good conduct of the meeting.
- Attendees should be told as a matter of courtesy that filming is happening.
- Reporters are advised to liaise with council officers before filming.
Holding Local Government to Account - Key Mechanisms
Council Website:
- The council website is a mine of information.
Required information includes: - Council Constitution,
- Details of councillor allowances and expenses,
- membership of cabinet/committees,
- public right of access to information and meetings, and standing orders.
Councils must also publish: - Decisions on their website.
- Spending transactions over £500,
- senior salaries,
- organisational charts,
- contracts,
- public land assets
Holding Local Government to Account - Key Mechanisms
Council Constitution:
Every council must publish its Council Constitution.
This includes details like:
- Councillor allowances,
- Public access rights to meetings.
- Scrutiny arrangements
- Committee memberships,
- Registers of members’ interests,
- Standing orders,
- The code of conduct.
Holding Local Government to Account - Key Mechanisms
Monitoring Officer:
- Every council must appoint a monitoring officer responsible for ensuring the council acts legally.
- This officer is neutral and not a councillor.
- This system is overseen by the Monitoring Officer and often a Standards Committee.
Holding Local Government to Account - Key Mechanisms
Scrutiny Committees
- Councils appoint scrutiny committees (made up of non-cabinet members in cabinet-style councils) to scrutinise council activity.
- These committees have legal power to require councillors to provide information and require the cabinet to respond within a set timeframe.
- In committee-style councils, scrutiny takes place within committee decisions.
Holding Local Government to Account - Key Mechanisms
Local Government Ombudsman (LGO):
- The LGO investigates complaints of council maladministration.
- The LGO publishes reports and annual reviews on its website
Holding Local Government to Account - Key Mechanisms
Inspecting Accounts:
- You have the right to inspect a council’s detailed financial accounts, ledgers, and records.
- The Accounts and Audit Regulations 2011 cover checking accounts and all related books, deeds, contracts, bills, vouchers, and receipts for 20 working days before the accounts are audited.
Holding Local Government to Account - Key Mechanisms
Qualified Privilege:
- Reports of public council meetings, agendas, minutes, and reports are covered by qualified privilege.
- This protects reports from libel action if they are fair, accurate, published without malice, and in the public interest.
The Freedom of Information Act 2000 (FOIA)
Purpose:
- The FOIA is an important plank of modern democracy.
- It gives people access to public information, allows people to find out things that would otherwise be secret, helps hold those in power to account, and gives the public knowledge for informed consent.
The Freedom of Information Act 2000 (FOIA)
Core Right:
- Any person making a request to a public authority is entitled to be informed in writing whether the authority holds the information and, if so, to have that information communicated to them within 20 working days.
The Freedom of Information Act 2000 (FOIA)
Who Can Apply?
- Anyone can apply, you do not have to be a UK citizen.
- Requests must be in writing (emails are acceptable) and include your name and address for correspondence.
- You must describe the information required.
- You do not have to explain why you want the information
The Freedom of Information Act 2000 (FOIA)
Public Authorities:
- Public authorities include government departments, local councils, NHS, schools, universities, police, armed forces, quangos, and regulators.
- Private companies, the Royal Family, and trade unions are not included.
The Freedom of Information Act 2000 (FOIA)
Duty to Assist:
- Public authorities have a statutory duty to give advice and assistance to the applicant (Section 16).
The Freedom of Information Act 2000 (FOIA)
Refusal Notices:
- If a request is declined, the public authority must issue a written Refusal Notice stating the reasons (Section 17).
The Freedom of Information Act 2000 (FOIA)
Appeals:
- If information is refused, you can appeal to the public authority.
- If this appeal fails, you have the right to approach the Information Commissioner.
The Freedom of Information Act 2000 (FOIA)
Grounds for Refusal:
- Requests can be declined if the information is exempt, the request is ‘vexatious’ or similar to a previous request, or on grounds of cost.
The Freedom of Information Act 2000 (FOIA)
Exemptions:
- Exemptions are either ‘absolute’ (information does not have to be released) or ‘qualified’.
- Qualified exemptions require the public authority to weigh the public interest in maintaining the exemption against the public interest in disclosure (the public interest test).
- Public interest means the public good, not just what is of interest to the public.
The Freedom of Information Act 2000 (FOIA)
Vexatious Requests:
- These impose a significant burden, have no value, are designed to cause disruption/annoyance, harass the authority, or are obsessive/unreasonable.
The Freedom of Information Act 2000 (FOIA)
Cost Limit:
- There are cost limits: £600 for central government requests (24 hours work) and £450 for other public authorities (18 hours work).
- Authorities may also ask for payment for photocopying and other disbursements.
