Publication Scheme under the Freedom of Information Act
Introduction
The Freedom of Information Act 2000 requires publicly funded organisations to adopt and maintain a Publication Scheme. This requirement applies to Tyne Metropolitan College .
This is Tyne Metropolitan College's Publication Scheme under the Act. The idea of the Scheme is to let everyone know what information will be automatically, or routinely, published and/or made available by the College.
Classes
The way that the Act does this is to require that the Scheme specifies classes of information. The college has arranged to set out classes of information identified in the Model Publication scheme for Further Education as provided by the Information Commissioner.
- Governance
- Financial Resources
- Human Resources
- Physical Resources
- Student Administration and Support
- Information Services
- Teaching and Learning
- External Relations
Details for each class of information included in the publication scheme are provided in Link to Appendix 1 in .pdf format.
This includes classes of information, associated descriptions of information, where the information may be obtained, and any fee that may be applicable.
The description of information listed within each class may also refer to any exemptions, ie information that might fall within the broad definition that will not be routinely published. The information held under each class may, over time, be varied.
Public Interest and Rights to Information
In preparing this scheme the College has had regard to the public interest. It has taken notice of the sort of information that people normally ask us for and what they are interested in. We have also had regard overall to the public interest of disclosure of information in the interests of open and accountable educational establishments as well as having regard to information which is already published and the rights that the Freedom of Information Act 2000 brought to everyone when the public access provisions came in under the legislation in January 2005.
The scheme and this new legislation do not limit in any way other rights that people have previously had to information. The College has been and remains committed to openness and transparency.
Personal Information
A great deal of the information that we hold is personal and private to individuals. The Freedom of Information Act 2000 does not deal with this information. The relevant legislation pertaining to personal and private information is the Data Protection Act 1998. The Freedom of Information Act 2000 does not allow the making public of private and confidential information regarding an individual's personal records. The individual concerned does have access, however, to that information under the Data Protection Act. In other words, therefore, your private affairs and business with the College as an individual are not the subject of this Publication Scheme.
Responsibility for the Scheme and day to day assistance
The College has identified an Information Compliance Officer responsible for this Scheme at the College. Day to day compliance is the responsibility of the Information Compliance Officer.
The College has a duty to provide advice, assistance and guidance as far as it would be reasonable to expect the College to do so. All advice, assistance and guidance will initially be provided by the Information Compliance Officer or their delegate. Members of the public who need assistance in formulating these requests may also contact the Information Compliance Officer.
The Information Compliance Officer can be contacted via:
Email: stephanie.mccluskey@tynemet.ac.uk
Tel:0191 2295115
Fax:0191 2295301
Appropriate assistance might include:
- advising the person that another person or agency might be able to assist them;
- providing an outline of the different kinds of information help by the college which might meet the terms of the request;
- providing a general response to the request, setting out options for further information which could be provided on request.
This is not an exhaustive list and we will be flexible in offering advice and assistance that is most appropriate to the circumstances of the applicant.
It should be noted that where information is being requested which appears to be part of an organised campaign, the College is not required to comply with a number of related requests by virtue of the Act and Regulations where the cumulative cost of compliance would exceed the appropriate limit, ie the cost threshold prescribed in the Regulations. In those circumstances the College will consider whether the information could be disclosed in another more effective manner, for example, via the College's web site. The college is not obliged to respond to vexatious or repeated requests.
Requests for information sent to the Information Compliance Officer:
Requests for information under the Freedom of Information Act:
- Must be in writing
- Must include name and address of applicant
- Must describe information requested
Timelines
We will aim to make all decisions in relation to specific requests for information within 20 working days, including in cases where we need to consider where the public interest lies in respect of an application for exempt information. There will, however, be some instances where it will not be possible to deal with an application within 20 working days. Although there is no statutory time limit on the length of time we may take to reach a decision where the public interest must be considered, we will give an estimate of the date by which we expect to reach such a decision. In these circumstances, we will give estimates which are realistic and reasonable in the circumstances of the particular case, taking account, for example, of the need to consult third parties. We will comply with our estimates unless there are good reasons not to do so, and if we exceed our estimate, we will explain the reasoning for this to the applicant. If we find, whilst considering the public interest, that an estimate is unrealistic, we will keep the applicant informed, and we will keep a record of instances where estimates are exceeded and take steps to identify the problem and rectify it.
Complaints
Tyne Metropolitan College has an internal Complaints, Praise & Suggestions Procedure already in place. This may be used by any person who considers that the College is not complying with the Publication Scheme. In order to access the College's internal Complaints, Praise & Suggestions procedure, you should contact the Information Compliance Officer (whose address is set out earlier in this Publication Scheme), the College's intranet which has details of many of its procedures, or the College's Information Centre, who will be able to supply you with appropriate information.
The opportunity to complain to the College does not limit any rights people have to complain to the Freedom of Information Commissioner (again, either about Freedom of Information Act 2000 or Data Protection Act) at the following address:
Information CommissionerWycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545745
Fax: 01625 524510
Email: data@dataprotection.gov.uk
Availability of the Publication Scheme
This Publication Scheme will be made available on our website, intranet, and will be made available in hard copy from the College's Information Centre at our Coast Road campus at Embleton Avenue, Wallsend.
The College's Information Centre can be contacted via:
Email: enquiries@tynemet.ac.uk
Tel: 0191 2295000
Fax: 0191 2295301
This Publication Scheme and the documents to which it refers are available in English. If people have difficulty with other languages and/or with access or require large print or otherwise require particular assistance, they are invited to contact the Information Compliance Officer for assistance.
The public may access the Publication Scheme and information about the College held on the College's Website via the internet access points made available free to members in certain of North Tyneside's Libraries, and some other Public Libraries. Details of these are available from North Tyneside Council's Library Service or the respective Library Service for your area.
Guiding Principles
Tyne Metropolitan College promotes transparency and openness in relation to the information it holds.
The college has a Policy on Freedom of Information that summarises the approach taken by the College to comply with its legal and regulatory obligations and to contribute to the effective overall management of Tyne Metropolitan College.
The College will seek to meet its obligations in law and in spirit and achieve an appropriate balance between the College's resources, confidentiality, other people's rights to privacy and the purpose for which the information is held.
The overall guidance is the College's Mission Statement "Striving to Provide the Best for All."
Exemptions
The Freedom of Information Act creates a general right of access to information held by public bodies, but also sets out 23 exemptions where that right is either not allowed or is qualified. The exemptions relate to issues such as national security, law enforcement, commercial interests, and data protection. In particular, information is exempt from the Act if it is accessible to the applicant by other means, such as from the Funding Councils or DfES. A definitive list of exemptions can be reviewed by perusing the act on HMSO web site. http://www.hmso.gov.uk/, or obtaining a copy of the act from Her Majesty's Stationery Office.
For guidance, the main exemptions in relation to supplying requested information under the Freedom of Information Act are:
Absolute Exemptions:
Information accessible to applicants by other means
This will most commonly be information that is included in the Publication Scheme or is normally provided by other organizations.
Personal Information
Personal information will be dealt with as a Subject Access Request under the provisions of the Data Protection Act 1998.
Information provided in confidence
This applies if releasing the information would amount to a breach of confidence at the time the request is made.
Prohibitions on disclosure
This applies to information the disclosure of which is prohibited by legislation, or European Community obligation, or the disclosure would be a contempt of Court.
Exemptions subject to a public interest test
Information intended for future publication
This applies where the College plans to publish the information in the future, and it is reasonable at the time of the request, not to disclose it until then.
Investigations and proceedings conducted by public authorities
This covers information relevant to criminal investigations and proceedings, and information obtained for criminal or civil proceedings.
Law enforcement
This applies to a wide range of investigations and conduct, for example, information which will prejudice the prevention or detection of crime.
Health and Safety
This exemption applies to information which would, or would be likely to endanger the physical or mental health or safety of any individual.
Environmental Information
This section operates as a gateway to revised environmental Information Regulations which will be introduced to implement the provisions of the Aarhus Convention.
Personal Information (concerning a third party)
Request for personal information about someone else will be dealt with under the Freedom of Information Act 2000 , but the principles of the Data Protection Act 1998 will be used to determine whether it should be disclosed.
Legal professional privilege
This applies where a claim to legal professional privilege could be maintained in legal proceedings.
Commercial Interests
This exemption applies to trade secrets and information, the disclosure of which would, or would be likely to, prejudice the commercial interests of any person. This would include the College.
Notes on using the Scheme
This scheme refers to classes of information that Tyne Metropolitan College publishes for use within the College and externally. The scheme is intended to provide guidance on finding information according to its type. Publication does not refer solely to printed material. Publication has been interpreted as broadly as possibly to include inclusion on the website, one-off printed documents from a desktop PC, electronic documents, printed books, reports and leaflets. Much of the material covered by the scheme is available on the College's intranet and website.
Review and Amendment
Because this is a new requirement from Colleges, it is the intention of the College to keep its Publication Scheme under review. It is anticipated that the Publication Scheme will be reviewed, and changes, if appropriate, submitted to the Information Commissioner on a regular basis.
The relevant information under each class will automatically be published and/or updated as required.
Information available by virtue of the Publication Scheme
Where information is available on the website or intranet, in general a hypertext link will direct you to the correct page on the website or intranet. For those who do not have access to the internet or intranet, single page print outs obtained from the website or intranet, or copies of documents obtained from the website or intranet are available by post. Some information designated "Electronic Copy" is available as an electronic document as well as hard copy, and can be provided via Email. In addition, some information may only be open to inspection or available by post. Where the scheme specifies to whom a request should be made, please include this name on the request, to speed up our service to you. All requests to receive information by post should be made via "The Information Compliance Officer" using the contact details provided above.
Where a charge applies to the provision of information listed in the Publication Scheme, this will be indicated on the publication scheme itself,
Charges
Please note that charges will apply for certain categories of information, and are dependant on the manner in which the information is provided. There is no charge for accessing information directly from the website or Intranet. Those categories of information provided in other formats that are subject to a charge, are identified in the respective section of the publication scheme with a £ sign. Hard copies are generally more costly to provide than equivalent electronic copies. The college is progressively and regularly making more information available on its Intranet and Internet sites, to facilitate access to free information, so it is recommended that these sites be checked first, if access is available to you.
In general, please note that requests for multiple print outs, or for archived copies of documents which are no longer available on the web or intranet, may attract a charge for the cost of retrieval, photocopy, postage, etc. We will let you know this at the time of request (the charge will be payable in advance).
In situations where charges for information apply, citizens may either enquire as to the cost in advance, or when making a request, will be advised of the charge. All charges where they apply will be payable in advance of work being carried out in providing the information.
Requesting Information
Information is available now by virtue of the Publication Scheme and the public's right to request information under the Freedom of Information Act. The College will periodically review and develop its Publication Scheme, taking into account both national good practice and experience within the locality, and also develop rules and procedures to both manage specific requests for information so that appropriate advice and assistance is available to persons making requests, how requests may be transferred where the request is for some or partial information that the College does not hold, how consultation with third parties will be undertaken and other similar parallel and linked issues.
