diff options
Diffstat (limited to 'app')
| -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 |
3 files changed, 82 insertions, 56 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' %> |