diff options
| -rw-r--r-- | app/models/info_request.rb | 4 | ||||
| -rw-r--r-- | app/views/help/about.rhtml | 92 | ||||
| -rw-r--r-- | app/views/request/show.rhtml | 42 | ||||
| -rw-r--r-- | todo.txt | 68 |
4 files changed, 138 insertions, 68 deletions
diff --git a/app/models/info_request.rb b/app/models/info_request.rb index e199c682c..6fc39c86f 100644 --- a/app/models/info_request.rb +++ b/app/models/info_request.rb @@ -729,9 +729,9 @@ public elsif status == 'waiting_response' "Awaiting response." elsif status == 'waiting_response_overdue' - "Response delayed." + "Response late." elsif status == 'waiting_response_very_overdue' - "Long overdue." + "Extremely late." elsif status == 'not_held' "Information not held." elsif status == 'rejected' diff --git a/app/views/help/about.rhtml b/app/views/help/about.rhtml index 80c17e6ab..03fa79278 100644 --- a/app/views/help/about.rhtml +++ b/app/views/help/about.rhtml @@ -131,21 +131,18 @@ href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/prac <dt id="quickly_response">How quickly will I get a response? <a href="#quickly_response">#</a> </dt> <dd> -<p>By law public authorities must respond "promptly", and in most cases not -later than 20 working days after receiving your request. That date -is shown on the page for your request. </p> - -<p>You will be emailed if this date goes by without a response, so you can send -the public authority another note to remind them if they are breaking the -law.</p> +<p>By law, public authorities must respond <strong>promptly</strong> to +requests. +</p> -<p>There are some cases where the hard deadline is allowed to go beyond the 20 -day period, such as if you had to clarify your request, or if they are a -school. They will normally say if they are invoking such a reason. -See '<a href="#days">You've calculated our deadline wrongly!</a>' for -details about what is allowed. </p> +<p>Even if they are not prompt, in nearly all cases they must respond within +20 working days. If you had to clarify your request, or they are a school, +or one or two other cases, then they may have more time +(<a href="#days">full details</a>). -<p>Remember though, they should anyway have responded promptly.</p> +<p>WhatDoTheyKnow will email you if you don't get a timely response. You can +then send the public authority a message to remind them, and tell them if they +are breaking the law.</p> </dd> @@ -507,43 +504,70 @@ it is best if they show the hard work they are doing by explaining what is taking the extra time to do. </p> -<p>That said, WhatDoTheyKnow does attempt to show the maximum legal deadline -for response to each request. Here is the complex detail of how we calculate -it.</p> +<p>That said, WhatDoTheyKnow does show the maximum legal deadline +for response on each request. Here's how we calculate it.</p> <ul> <li>If the day we deliver the request by email is a working day, we count that -as "day zero", even if it was delivered late in the evening. Days end at midnight. -We then count the next working day as "day one", and so on up to 20 days.</li> +as "day zero", even if it was delivered late in the evening. Days end at +midnight. We then count the next working day as "day one", and so on up to +<strong>20 working days</strong>.</li> <li>If the day the request email was delivered was a non-working day, we count the next working day as "day one". Delivery is delivery, even if it happened on the weekend. Some authorities <a href="http://www.whatdotheyknow.com/request/policy_regarding_body_scans#incoming-1100">disagree with this</a>, our lawyer disagrees with them. </li> -<li>In theory, authorities can claim a time extension for applying a public -interest test. We don't think this should be a special reason for delay. -The Freedom of Information (Scotland) Act agrees with us – it does not -allow such an extension. There are lots of other good reasons the authority -might want more time, such as if somebody is on holiday and they can't find the -information. When there's going to be any delay at all, we prefer it if -authorities simply apologise and explain what they are doing that is taking the -extra time, rather than resorting to legal minutiae. +<li>Requesters are encouraged to mark when they have <strong>clarified</strong> +their request so the clock resets, but sometimes they get this wrong. If you +see a problem with a particular request, let us know and we'll fix it.</li> +</ul> + +<p>The date thus calculated is shown on requests with the text "By law, +Liverpool City Council should normally have answered by...". There is only +one case which is not normal. +</p> + +<ul> + +<li>The Freedom of Information Act lets authorities claim an indefinite time +extension when applying a <strong>public interest test</strong>. Information +Commissioner guidance says that it should only be used in "exceptionally +complex" cases +(<a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/foi_good_practice_guidance_4.pdf">FOI Good Practice Guidance No. 4</a>). +WhatDoTheyKnow doesn't specifically handle this case, which is why we +use the word "normally". </li> -<li>Since June 2009, schools have "20 working days disregarding any working -day which is not a school day, or 60 working days, whichever is first". Basically, -cut them some slack if it is holiday time. +<li>The same guidance says that, even in exceptionally complex cases, no +Freedom of Information request should take more than <strong>40 working days</strong> +to answer. WhatDoTheyKnow displays requests which are overdue by that much +with stronger wording to indicate they are definitely late. + +<li>The Freedom of Information (Scotland) Act does not allow such a public +interest extension. We would like to see the law changed to either remove the +extension from the UK Act, or to reintroduce an absolute time limit of 40 +working days even with the extension (the House of Lords <a +href="http://www.publicwhip.org.uk/division.php?date=2000-10-17&number=1&house=lords">voted +to remove</a> provision for such a time limit). </li> -<li>Requesters are encouraged to mark when they have clarified their request so -the clock resets, but sometimes they get this wrong. If you see a problem with -a particular request, let us know and we'll fix it.</li> +</ul> + +<p>Schools are also a special case, which WhatDoTheyKnow displays differently. +</p> +<ul> +<li>Since June 2009, <strong>schools</strong> have "20 working days +disregarding any working day which is not a school day, or 60 working days, +whichever is first" (<a href="http://www.opsi.gov.uk/si/si2009/draft/ukdsi_9780111477632_en_1">FOI (Time for Compliance with Request) Regulations 2009</a>). WhatDoTheyKnow indicates on requests to schools that the 20 day deadline is only +during term time, and shows them as definitely overdue after 60 working days +</li> </ul> -<p>If you're getting really nerdy about this, read the <a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/timeforcompliance.pdf">detailed ICO guidance</a>. Meanwhile, -remember that the law says authorities must respond <strong>promptly</strong>. +<p>If you're getting really nerdy about all this, read the <a href="http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/timeforcompliance.pdf">detailed ICO guidance</a>. +Meanwhile, remember that the law says authorities must respond +<strong>promptly</strong>. That's really what matters.</p> </dd> diff --git a/app/views/request/show.rhtml b/app/views/request/show.rhtml index 03ded06dc..a9efd5435 100644 --- a/app/views/request/show.rhtml +++ b/app/views/request/show.rhtml @@ -56,31 +56,33 @@ <% end %> <% elsif @status == 'waiting_response' %> Currently <strong>waiting for a response</strong> from <%= public_body_link(@info_request.public_body) %>, - they <%= link_to "must respond", about_url + "#quickly_response" %> - promptly but no later than <strong><%= simple_date(@info_request.date_response_required_by) %></strong>. - <% elsif @status == 'waiting_response_very_overdue' %> - This request is <strong>long overdue a response</strong>. - By law, <%= public_body_link(@info_request.public_body) %> - should normally have answered by - <strong><%= simple_date(@info_request.date_response_required_by) %></strong> - (<%= link_to "more details", about_url + "#quickly_response" %>). - You can <strong>complain</strong> by - <%= link_to "requesting an internal review", show_response_no_followup_url(:id => @info_request.id, :incoming_message_id => nil) + "?internal_review=1#followup" %>. + they must respond promptly and <% if @info_request.public_body.is_school? %> - This is a school, so legally they get lots of extra slack if it is - holiday time. + normally + <% else %> + in term time <% end %> + no later than <strong><%= simple_date(@info_request.date_response_required_by) %></strong> + (<%= link_to "details", about_url + "#quickly_response" %>). <% elsif @status == 'waiting_response_overdue' %> - This request is <strong>overdue a response</strong>. - By law, <%= public_body_link(@info_request.public_body) %> - should normally have answered by - <strong><%= simple_date(@info_request.date_response_required_by) %></strong>. - If they need extra time they should have told you - why (<%= link_to "more details", about_url + "#quickly_response" %>). + Response to this request is <strong>late</strong>. + By law, <%= public_body_link(@info_request.public_body) %> should + have responded <strong>promptly</strong>, <% if @info_request.public_body.is_school? %> - This is a school, so legally they get lots of extra slack if it is - holiday time. + and in term time by + <strong><%= simple_date(@info_request.date_response_required_by) %></strong> + <% else %> + and normally by + <strong><%= simple_date(@info_request.date_response_required_by) %></strong> <% end %> + (<%= link_to "details", about_url + "#quickly_response" %>). + <% elsif @status == 'waiting_response_very_overdue' %> + <%= public_body_link(@info_request.public_body) %> are <strong>extremely late</strong>. + By law, they should have responded to this request promptly, and under all + circumstances by <%= simple_date(@info_request.date_very_overdue_after) %> + (<%= link_to "more details", about_url + "#quickly_response" %>). + You can <strong>complain</strong> by + <%= link_to "requesting an internal review", show_response_no_followup_url(:id => @info_request.id, :incoming_message_id => nil) + "?internal_review=1#followup" %>. <% elsif @status == 'not_held' %> <%= public_body_link(@info_request.public_body) %> <strong>did not have</strong> the information requested. <% elsif @status == 'rejected' %> @@ -12,23 +12,67 @@ s = IncomingMessage.find(2); text = s.get_main_body_text_internal; s.cached_main Public interest test ==================== -Send extra strong overdue email after 40 days? +Go through + waiting_response_very_overdue + waiting_response_overdue + date_response_required_by + the overdue email +and tighten wording + - Make sure it is clear when clarification was included -overdue -date_response_required_by -working_days_20_overdue? -waiting_response_overdue => waiting_response_slow, waiting_response_overdue +Check display for schools +Strip "normally" for Scotland -Remove working_days_20_overdue? - - -Go through waiting_response_very_overdue/waiting_response_overdue and tighten wording +Update FAQ (in #quickly_response simple version, #days full details) + - Talk about 40 day being upper limit under various guidances / laws + - Note that as well as Scottish act, the opposition Labour/Conservative + also opposed public interest extension + - Split #quickly_response into a 20 day and 40 day link? Send email at 40 days -models/request_mailer.rb self.alert_overdue_requests - - + models/request_mailer.rb self.alert_overdue_requests + models/request_mailer.rb overdue_alert + ./models/user_info_request_sent_alert.rb - add very_overdue_1 + +Table 12 here apparently justifies "delayed" wording + http://www.justice.gov.uk/publications/freedomofinformationquarterly.htm + +The ICO's "Good Practice Guide 4" + Whilst the current version of the Section 45 Code of Practice makes no + reference to consideration of the public interest, our view is that public + authorities should aim to respond fully to all requests within 20 working days. + In cases where the public interest considerations are exceptionally complex it + may be reasonable to take longer but, in our view, in no case should the total + time exceed 40 working days. + Where any additional time beyond the initial 20 working days is required to + consider the public interest, the public authority must still serve a “refusal + notice” under section 17 of FOIA within 20 working days of a request even in + those cases where it is relying on a qualified exemption and has not yet + completed the public interest test. That notice must state the exemption(s) + being relied on and, if not apparent, why. The notice must include an + estimate of the time by which this decision will be made. If the final decision + is to withhold the information requested, a second notice must then be issued + providing the reasons for the decision on the public interest. No further notice + is required if the final decision is to disclose the information. +http://www.ico.gov.uk/upload/documents/library/freedom_of_information/detailed_specialist_guides/foi_good_practice_guidance_4.pdf + +"add something to our help section on this that says that late shouldn't be +read as meaning "breaking the law": there are circumstances in which they can +legally take extra time, but the overriding test is still "promptly" so they +might be acceptably late or they might be unacceptably late, but that's a +subjective test we can't make." + +However, I do agree with the argument that if authorities didn't have +a longer period for the PIT then that would almost certainly lead to +information being withheld that might otherwise be released. Under +correct usage, this extension should only ever be triggered where a +body has decided that information falls under one of the exemptions +that would preclude disclosure, and this extra time is solely for +deciding whether or not the public interest outweighs that. So if (and +only if) a body has done the first part correctly, I don't think we +want to discourage them from taking time to properly decide whether or +not they can release the information after all. Environmental Information Regulations allow for an extension but not an indefinite extension: |