The Planning Inspectorate- Wales

The Code of Practice on Access to Government Information.

Full public access rights to information became available in 2005 through the Freedom of Information Act and the Environmental Information Regulations. The Freedom of Information Act and Environmental Information Regulations are fully retrospective and cover information held by public bodies created before January 1 2005. If you are making a request for information after 1 January 2005 please see our Access to Freedom of Information Act page.

Before January 1 2005 The Code of Practice on Access to Government Information, "The Code", was the access regime for Government information. It has now been superceded. Complaints about access to information requests made under the code when it was in place can still be made to the Ombudsman.

Background
Aims of the code
Applying for information
What is covered by the code
Exempt information
Access to documents
Response deadlines
Right of appeal
Independent review
Time limit for review
The Ombudsman
Personal privacy and information requests
What about Local Government information
Related Links

Background

The Code supported the Government's policy of extending access to official information and responding to reasonable requests for information. Copies of the Code and the Guidance on Interpretation can be obtained through the DCA's web site.

When dealing with a request for information the assumption in the Code was that information should be provided unless disclosure would not be in the public interest and one or more of the 15 exemptions within Part II of the Code apply.

The Aims of the Code are:

to improve policy-making and the democratic process by extending access to the facts and analyses which provide the basis for the consideration of proposed policy;
to protect the interests of individuals and companies by ensuring that reasons are given for administrative decisions, except where there is statutory authority or established convention to the contrary; and
to support and extend the principles of public service established under the Citizen's Charter.

These aims are balanced by the need:

to maintain high standards of care in ensuring the privacy of personal and commercially confidential information; and
to preserve confidentiality where disclosure would not be in the public interest or would breach personal privacy or the confidences of a third party, in accordance with statutory requirements and Part II of the Code.
The following describes how The Planning Inspectorate operates the Code.

Applying for Information.

When you contact us to ask for information you do not have to specifically mention the Code in your request. All requests for information should be treated in accordance with the Code, irrespective of whether the applicant is even aware of its existence. Requests need not be made in writing or by email, although this may help avoid misunderstanding.

Most of the information will be supplied free of charge, especially the following:

the standards and performances of services;
the reasons for administrative decisions made in your case;
the way in which you may exercise your rights to appeal or complain
about a decision; or regulatory requirements that bear on your business.

However, for larger requests, that need more research or perhaps where copying a large number of documents is necessary, there may be a charge to offset costs to the taxpayer. Guidance on charging for information by Government Departments and other crown bodies was issued by HM Treasury. You will be notified by us of any charges before any work on your request begins.

We currently charge for copies of our appeal decision letters, although these too will be free of charge when they become available electronically through the Planning Casework Service via the Planning Portal.

What is covered by the Code

The Code has five commitments, namely to:

supply facts and analysis with major policy decisions;
open up internal guidelines about departments' dealings with the public;
supply reasons with administrative decisions;
provide information under the Citizen's Charter about public services,
what they cost, targets, performance, complaints and redress; and
respond to requests for information.

The "Code" contains a list of exemptions, allowing broad classes of information to be withheld. If you think an exemption has been wrongly applied to your request for information you can appeal.

Exempt Information.

The code lists 15 classes of exempt information.

Information harmful to defence, security and international relations;
Information whose release would harm the frankness of internal discussions: including details of cabinet proceedings; internal advice; projections and assumptions relating to internal policy analysis; and analysis of alternative or rejected policy options;
Communications with the Royal Family and Privy Council proceedings;
Information which would prejudice the administration of justice or legal proceedings or a public inquiry, including information which has been or is likely to be addressed in such proceedings; information relating to completed proceedings or to investigations which might have resulted in proceedings; information covered by legal professional privilege; information which could prejudice the prevention or detection of crime or the apprehension of offenders or the security of buildings; information harmful to public order, public safety or individual safety or which could identify confidential informants; information which could increase the chance of damage to the environment or endangered species;
Information about immigration, nationality and entry clearance cases which would prejudice immigration controls;
Information which could harm the management of the economy or prejudice the collection of taxes;
Information which would prejudice a department's competitive position or negotiations or the proper and efficient conduct of its operations;
Personnel and vetting records;
Requests which are vexatious, manifestly unreasonable, too general or would require unreasonable diversion of resources;
Information which is shortly to be published or whose release would be "premature in relation to a planned announcement";
Incomplete analysis or research which could be misleading if published or information about companies or products held for statistical or research or health and safety or food surveillance purposes;
Personal information whose release would be an unwarranted invasion of privacy;
Information which would harm the competitive position of a third party;
Information supplied in confidence by a third party who has not consented to its disclosure;
Information whose disclosure law or international agreement prohibits or which would breach Parliamentary privilege.

Access to Documents.

There is no commitment that pre-existing documents, as distinct from information, will be made available in response to requests. The Code does not require departments to acquire information they do not possess, to provide information which is already published, or to provide information which is provided as part of an existing charged service other than through that service. You may ask for documents if you think you need them, and you are able to challenge any refusals. You may want to request documents when:

you can identify a particular document which you know exists;
you have already been given a summary of the information but need more detail, available only by looking at the original documentation (for example, to check what factors have been taken into account in reaching conclusions, or to assess the methodology);
you have some other particular need to see a document - for example, because it directly affects your personal affairs;
documents of this kind have been released in the past;
you think it will be much easier for a document to be released than to summarise it.

Response Deadlines.

For simple requests the code says information will normally be provided within 20 working days of receipt in The Planning Inspectorate. If significant work is required to respond to your request the 20-day period may be extended.

Right of Appeal.

We will always seek to provide a helpful and complete response. You can appeal if you are unhappy with our response to your request for information. You must ask us to review our own decision before you can make complaint to the Parliamentary Ombudsman through your MP.

Review of our original decision is independent of the person responsible for providing the initial response to your request. When asking for a review, please give your reasons; thinking that the original decision was wrong, that charges are unreasonable, or that the public interest in a disclosure outweighs any harm.

To obtain an independent review, write to:

The Planning Inspectorate
Crown Buildings
Cathays Park
Cardiff
CF10 3NQ

Phone: 029 2082 3866
Fax: 029 2082 5150
Email: enquiries@planning-inspectorate.gsi.gov.uk

Time Limit for Reviews.

The Code gives no time limits for reviews. We will endeavour to deal with all reviews as quickly as possible.

The Ombudsman.

If you are not satisfied with the outcome of our review procedure you can send your complaint to the Welsh Administration Ombudsman. You must ask us to review our own decision before you approach the Ombudsman. The Ombudsman has the power to see any relevant Government files (other than cabinet and cabinet committee papers) and investigate complaints under the code.

Complaints can be made about;
Any withholding of information which does not appear to be justified under the code's exemptions.
The withholding of exempt information where you think there is an overriding public interest in disclosure
Replies, which you suspect, are misleading, incomplete or one-sided.
The failure of a minister, department or agency to publish an adequate account of the facts and analysis which have led to a major decision or policy announcement.
The failure to give reasons for any decision affecting you, including any decision to withhold information.
The failure to give access to internal rules, guidance and manuals affecting a department's or agency's dealings with the public or businesses.
Unreasonable delays in releasing information, including time taken for review of earlier decision.
Unreasonable charges.

Personal Privacy and Information Requests.

In the course of making an information request you may provide limited personal data to us, including your name, address or other contact details. This will be required by us to help you obtain the information you need. We will also retain and use this information to help us identify general or specific trends in information requests to help us improve our services to you. Your personal data will not be made available to others or used for other purposes.

Please see our online Privacy Statement for other information about data protection policy in The Planning Inspectorate.

What about Local Government Information

The Department for Communities and Local Government published a consultation paper titled Access to Information in Local Government on 2 September 2002.

This paper reviews how Councils are to comply with the Freedom of Information Act.