05/10/2011

Extend FOIA to all publicly funded services regardless of organisation providing them, too much information?

PLC Public Sector reports:

A recent statement from the Local Public Data Panel (LPDP) has raised some interesting issues in relation to the extension of the Freedom of Information Act 2000 (FOIA). Among other things the statement proposed that the remit of FOIA should be extended to include information on all publicly-funded services regardless of the organisation providing them, which could include private companies, charities and voluntary organisations.

This post considers the potential implications of this proposal and other proposals included in the statement.

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28/09/2011

Vexatious requests under FOIA: look at the request not the applicant

PLC Public Sector reports:

Under section 14(1) of the Freedom of Information Act 2000 (FOIA), a public authority does not have to provide information that has been requested if the request is vexatious.  Although FOIA does not define “vexatious”, its meaning has been considered in a number of cases, including the recent decision of the First-tier tribunal (Information Rights) (Tribunal) in Dransfield v Information Commissioner which is a useful reminder of the following key principles.

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21/09/2011

Best value guidance – devaluing diversity?

Declan O’Dempsey, Cloisters Chambers:

On 5 September 2011, the Department for Communities and Local Government published new statutory guidance on Best Value (Guidance).

Among other obligations, the Guidance requires local authorities to be responsive to the needs of voluntary and community sector organisations and to consult a wide range of local persons (including local, voluntary and community organisations and businesses) when commissioning and decommissioning services. Surprisingly however, the Guidance makes no mention of the public sector equality duties under section 149 of the Equality Act 2010 (PSED).  For information on the PSED, see our Practice note, Public sector equality duties. Continue reading →

14/09/2011

Going, going, gone?

The legal battle between Basildon Borough Council and those members of the travelling community currently living at Dale Farm in Essex has been ongoing for nearly ten years, and with reports in the press that the date for the clearance of those living at the Dale Farm site has finally been set, we consider the issues faced by local authorities in such cases.

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14/09/2011

First e-petition debates announced

Daniel Greenberg, PLC consultant:

The Back-bench Business Committee (a Select Committee of the House of Commons) has announced two debates that will take place on subjects raised by members of the public by way of e-petition.  The decision comes after some initial controversy when these two petitions received support in excess of the 100,000 signatures originally mentioned by the Prime Minister as the “threshold” for debate but were not selected because of the lack of Parliamentary support. Continue reading →