Under the Freedom of Information Act, you have the right to ask public authorities for information. If they hold the information you’ve requested, in most cases they must release it.
‘If they hold it’ is a key point: of course, if the body doesn’t have the data you’re asking for, they can’t provide it, and accordingly, as permitted by Section 1(1) of the Act, they may issue an ‘Information not held’ response.
For the person requesting the information, this can feel like a blow, but we suggest stopping and thinking… is it surprising, newsworthy even, that the public body didn’t hold the information expected? Sometimes, it’s as interesting to know that an authority doesn’t collect or store a certain category of information as it would be to obtain it.
Often, though, an ‘information not held’ response may simply be a sign that you should re-request the information from a different body. Given the complexity of government it’s not surprising requests are sometimes misdirected to bodies that don’t actually hold the information requested. Fortunately for request-makers, in such cases Section 16 of the Act requires public bodies to provide advice and assistance and point requesters in the right direction.
Let’s take a look at a few recent examples where the fact that information isn’t held is at best surprising and at worst a matter of potential concern.
An NHS Trust doesn’t have data on hospital ward deep cleans
This request to Wirral University Teaching Hospital asked how many times the wards in Arrowe Park Hospital (one of this NHS Trust’s locations) had been deep cleaned in the months March to May 2020.
The response states that the Trust does not hold this information:
“Wirral University Teaching Hospital (WUTH) does not electronically collate this data, ward cleanliness activity is not measured or audited in this specific manor [sic].”
We think this is interesting information in itself, but the Trust could also have gone into more detail about why such data isn’t collected: is it that deep cleaning doesn’t happen, or is it just not noted? Looking more closely at the wording of the response, perhaps it is recorded, but on paper rather than digitally.
The request-maker didn’t actually specify that they wanted electronic data, so it is a little surprising that this has been assumed.
A curious citizen could issue a follow-up request to find out more, or to ask for copies of paper records if they do exist. Equally, if they felt it worth further probing, they might draw this response to the attention to the local Healthwatch, or their local councillors who could look more deeply into the matter.
DEFRA doesn’t have data on badger cull zone boundaries
A citizen requested maps from DEFRA to show the boundaries of ‘badger cull zones’ from last year and the proposed ones for 2021. As this was a request for environmental information, it was handled under the EIR.
DEFRA’s response quotes the exception at regulation 12(4)(a) of the EIR “which relates to information which is not held at the time when an applicant’s request is received”.
As required by both the FOI and EIR Acts, DEFRA points the user toward the body that it believes will have such information, Natural England, giving them a good idea of what to do next in their pursuit of this data.
In cases like these, where a request is repeated to another authority, we recommend the addition of annotations, linking each WhatDoTheyKnow request page to the other. Anyone can add an annotation, and it helps people discovering the information through, say, a search engine, to follow the request.
The DWP doesn’t have data on frozen pensions
This request seeks information from the Department of Work and Pensions about frozen state pensions, the UK practice of not uprating pensions according to the ‘triple lock’ system if the recipient lives in certain countries abroad.
It would appear that the request-maker is wondering whether it would actually cost the authority less not to administer such freezes.
The DWP state that they don’t hold information on the number of staff working specifically in this area:
“As of March 2021, the DWP has over 90,000 employees spread across different professions (e.g. policy, legal, finance, and operational delivery).
Many employees deal with a range of issues and do not exclusively focus on one aspect of the DWP’s work. Accordingly, we have no recorded information on how many employees are ‘required to deal with Frozen British Pensions’.”
They did not provide similar detail on the other questions posed by the request-maker, who has now requested an internal review, a recourse when you believe your request has been handled wrongly.
“I cannot believe that the DWP does not know the answers to my questions”, says the user in this request for a review. They might have been more precise about where the response has fallen short, but we’ll see whether this avenue is successful, presumably within the 20 working day limit advised by the ICO for internal reviews.
DCMS doesn’t have data on differing COVID rules for football spectators
A request-maker wonders why the rules around watching football differed depending on where the match is taking place — apparently grassroots football matches were being denied spectators because they were held on private grounds, while matches on public grounds could welcome a crowd:
“Please provide evidence / reasoning on what the difference to the threat of Covid there is between private and public football pitches.”
The Department for Digital, Culture, Media and Sport responds that it:
“does not have information within scope of your request. This is because DCMS did not make the decisions on whether spectators may attend sporting events, but followed advice given by the Cabinet Office. This would have been a Cabinet Office decision based on evidence that they were privy to.”
The response then provides an email address for that authority — though we are surprised that the Cabinet Office would not have consulted DCMS or at least provided them with their rationale for this policy.
Have you had a notable ‘information not held’ refusal, or can you spot one in responses recently classified “not held” on WhatDoTheyKnow? If so, let us know, and we might cover it in a future post.
Image: Nicholas Bartos