Freedom of Information Act 2000

1.1 This Act covers 'public authorities', which include the governing bodies of schools in England and Wales and the managers of schools in Northern Ireland as follows:

1.3 The Information Commissioner is the independent body set up to oversee and enforce the Freedom of Information Act and the Data Protection Act.

3.1 A publication scheme is effectively a guide to the information which a public authority (in this case a school) has committed itself to publishing. In this context, publishing means to make information routinely available. Each public authority must publish in accordance with, and from time to time (generally every 12 months), review its scheme. The purpose of this requirement is to ensure that public authorities make a significant amount of information available proactively, without the need for a specific request.

3.2 Schemes must set out the ?classes?, or categories, of information the authority publishes, the form in which the information is published and whether or not charges apply. In adopting or reviewing a publication scheme the authority must also have regard to the public interest in allowing access to the information it holds, and in the publication of reasons for its decisions.

4.1 The Information Commissioner is aware of the government's recent commitment to reduce the burden of bureaucracy on schools.

4.2 Whilst all public authorities are required to have an approved publication scheme in place, there is a provision in the Act for the Information Commissioner to approve ?model? schemes. These schemes are designed for groups of public authorities which carry out similar functions, for example, maintained primary schools.

4.3 The Department for Education and Skills (DfES) led a working group dedicated to developing appropriate model schemes for schools in England. These model schemes have been approved by the Information Commissioner and are now available for use by all maintained schools in England.

4.4 The models have been adapted by the Department of Education (Northern Ireland) for use by maintained schools in Northern Ireland. The Welsh Assembly Government is currently adapting the existing model schemes for use in Welsh schools. The Assembly Government will shortly issue the draft model scheme to all maintained schools in Wales for comment as part of the formal consultation process. Following this exercise, the model will be submitted to the Information Commissioner for approval and the Assembly will then issue the approved model together with guidance notes, to schools.

4.5 Schools simply need to adopt the appropriate model scheme formally and, from 29^{th February 2004, publish information in accordance with that scheme. Maintained nursery schools, however, have until 30th June 2004 to have an approved scheme in place - please refer to 2.1 above.}

4.6 Schools are, of course, free to publish information over and above that described in the model publication scheme. Alternatively, they can develop their own ?bespoke? scheme using guidance from our website. Bespoke schemes must be accompanied by a completed Approval Questionnaire and must be approved by the Information Commissioner.

5.1 The Information Commissioner has recently written to all schools to remind them of their statutory duties and to direct them to an appropriate model publication scheme. Model schemes for schools in England and Northern Ireland are available on the Commissioner?s website, from local education authorities or, in the case of Northern Ireland, the Department of Education's website. Model schemes for Welsh schools will be made available in due course (see 4.4 above).

6.1 From 1 January 2005 the public will have the right to request any information held by a public authority, which has not already been made available through the authority's publication scheme. Requests will have to be made in writing and in general, public authorities will have 20 working days to respond. They may charge a fee which will have to be calculated according to Fees Regulations. They will not be required to release information to which an exemption in the Act legitimately applies. However, public authorities may be required to explain to the applicant why they are not releasing information and they may have to justify this to the Information Commissioner.

6.2 General guidance on the exemptions in the Act is also available from the ?FOI - General Information? section of our website ('Introductory Guidance June 2003').

6.3 Further guidance will be developed for dealing with requests for information from January 2005. This will draw to the greatest possible extent on existing practice.

6.4 Please refer to The National Archives website at www.nationalarchives.gov.uk for guidance on records management in relation to the Act.