In a rare example of the ICO flexing its regulatory muscles, a school in Aberdare, Wales has been served an undertaking from the Information Commissioner for poor handling of an FOI request.
A pupil at the Aberdale Girls’ School had been excluded after refusing to remove a religious bangle, and an FOI request had been submitted concerning the legal costs and advice the school had sought to deal with the matter. After the school refused to respond, a complaint was issued to the Information Commissioner, who subsequently contacted them in 2009. After repeatedly failing to provide responses in a timely fashion, the ICO has now served the school with an undertaking to ensure it demonstrates openness and compliance with FOI law.
Assistant Commissioner for Wales, Anne Jones said:
"This case should serve as a warning to all public authorities that are failing to fulfil their obligations under the Freedom of Information Act. Where justified, we will use the powers available to us to ensure authorities are open and accountable."
While it is impossible to know if the failures of the school were intentional or due to a lack of understanding of FOI requests, it is clear that many public servants and organisations still do not understand the law relating to FOI, despite the fact it has been in existence for over ten years.
Training must be implemented to improve this state of affairs, and as the Assistant Commissioner mentions, incidents such as these should prove a stark warning that the ICO can intervene when necessary. However, at Big Brother Watch we feel the Information Commissioner should act more often, and in a more robust manner. These sort of undertakings must be followed up on, to ensure they are implemented.
More about the bangle case on the school's wiki page - http://en.wikipedia.org/wiki/Aberdare_Girls%27_School
I suspect that it's probably down to incomptence and lack of knowledge that they didn't follow through with the FOI request. A school like Aberdare probably doesn't have the legions of legal staff to provide the help and guidance necesary to answer a FOI request properly. Though they should have realised that and asked the council for help.
Posted by: SadButMadLad | 12/05/2011 at 08:56 PM
You think that's bad
Freedom of Information Act inquiry ducks FOIA requests
http://www.theregister.co.uk/2011/05/06/climategate_foia_no_and_no/
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