Here at mySociety, we talk a lot about how citizens can use Freedom of Information to hold public authorities to account. But it’s interesting to note that those same authorities, or members of them, sometimes also turn to FOI to solicit information from one another.
At first, this might seem strange: it’s a common assumption that authorities, not to mention high level people within them, have the power to summon any information they require in order to go about their duties.
But on closer inspection it becomes clear that there are several reasons why the public sector might turn to FOI rather than the more standard channels.
Surveying multiple authorities
Suppose you’d like to gather information from many different sources — say every hospital in the country — in order to compile a nationwide set of statistics.
A large task like this can be more orderly if managed via a set of Freedom of Information requests. Additionally, the obligation for authorities to respond may mean that your request goes into official channels — with built in timescales — helping to ensure that you get results.
As a nice illustration of this kind of usage, the Royal College of Surgeons surveyed NHS trusts to see if they are still using outdated fax machine equipment, generating a story which made the headlines back in July.
Members of Parliament may also use FOI to survey a large number of public authorities and gather statistics to support campaigns or an issue they’re working on.
We don’t know if members of the Scottish Parliament have more of an appetite for this than the UK one, but a quick search showed several using FOI to good effect. Lothian MSP Kezia Dugdale surveyed residential units to see stats on vulnerable children going missing; Murdo Fraser accessed delay repayments figures from Scotrail; Mark Griffin discovered that council tax exemptions weren’t being utilised; and Monica Lennon uncovered the lack of sanitary product strategies across Scotland’s health boards.
That said, there are several UK MPs past and present who have made use of WhatDoTheyKnow, including the office of Diane Abbott and Dr Phillip Lee. There may well be others who prefer to use a pseudonym.
Then, those working in bodies such as universities and hospitals very commonly use FOI to support their academic or medical research.
We can’t neglect to mention that in all such cases, WhatDoTheyKnow Pro would be a great help to the process of sending out and organising multiple requests.
Putting information into the public domain
FOI’s not just useful for large scale requests, though. Those from public sector bodies may be using the Act to bring information into the open because they feel it should be known — and of course, making the request through WhatDoTheyKnow will do this by default, since all requests and responses are published online.
Researchers from Cardiff University used FOI as one tool when investigating how data is used by various public services to help in decision-making. They point out that, while fiddly and labour-intensive, FOI fills a gap in public knowledge:
The use of FOIs to investigate the integration of changing data systems is problematic and resource intensive for all parties. However, in the absence of a public list, the Freedom of Information Act provides an opportunity for systematic inquiry.
Getting hold of information which has been hard to pin down
Sometimes FOI is a last resort when other avenues have been exhausted. On TheyWorkForYou we see a councillor writing to her own council to find out their preparedness for a no-deal Brexit, with the remark “I have tried to get this via the members case work system but I am not confident I will get an adequate response”.
Such frustration definitely motivates Members of Parliament into submitting FOI requests, too. There are other channels through which they can ask questions of course, for example by submitting Written Questions — a process by which both the question and answer are placed in the public domain, thanks to Hansard.
But should those channels fail, FOI is another option.
In 2010 the BBC wrote about how costs for redecoration of Parliament’s Head Office were only uncovered thanks to FOI, after a Written Answer was turned down on grounds of the information being too commercially sensitive.
The parliamentary staff and civil servants who deal with Written Answers are likely to be different from those who deal with FOI requests. Their criteria for release of information may also differ, as they are guided by different protocols.
Representatives at every level can use FOI as a channel for information which might have proven elusive via other means. We see on WhatDoTheyKnow that Parish Councils quite often send requests to higher tier authorities to get hold of information that will help them in their work, as is happening here for example.
Keeping an eye open
When it comes to authorities and representatives requesting information from other authorities, we can see the benefits. One of our team, Gareth, makes an analogy with the Open Source community, where because code is open to all, developers (sharing their expertise in their area of specialisation) can be quick to spot and repair any bugs: “It’s a really good thing for security. Many eyeballs make it easier to identify problems and suggest improvements”.
Similarly, FOI acts as a kind of safety net, another layer of assurance that our authorities are working as they should be.
If you’ve seen any other good examples of public sector to public sector FOI (for want of a better term), please do let us know.