Making a request for information which is NOT routinely published (individual request)

Since 1 January 2005, anyone, anywhere can make a request for information and is entitled to receive it, provided no exemptions apply.
The request can be made by an individual or an organisation and does not have to be made by someone in Scotland.
If you are requesting information for someone else you need to provide their name.
You do not have to refer to the Act or say why you want the information.
Requests must be in writing or in another permanent form (such as a taped phone message), must set out your name and address and describe the information required.
The Council must provide 'recorded information', such as information recorded in electronic format or on paper.
It does not matter how old the information is.

Will I be charged a fee?

The Council may be able to charge a fee for providing the information. The Council has decided that it will not charge for dealing with requests which cost below £400 to process; we can charge 10% of our costs for requests costing between £400-£600 to deal with and we do not have to provide information which would cost us over £600 to deal with.

Whom should you contact to make an individual request?

Online:

You can complete the Information Request Form online and your request will automatically be directed to the Council's FOI Officer. These forms are also available from Council offices.

Alternatively, you can send an email with your request to LAWADMIN@angus.gov.uk

By post:

Please address your request to:

FOI Officer
Law and Administration Division
Corporate Services Department
Angus Council
Angus House
Orchardbank Business Park
Forfar DD8 1AN

How should the Council handle your request?

The Council must help anyone who wants to make a request for information.
All requests should be dealt with promptly and in any case within 20 working days of receipt.
The Council does not have to comply with a request if an exemption applies, if the cost of doing so would exceed the amount set by the Fees Regulations, or if the information is not held by the Council. You must be notified in any of these instances.
If you are unhappy with the way your request is dealt with, you can ask the Council for a formal review. If following that review you remain unhappy with the outcome, you may appeal to the Scottish Information Commissioner (see contact details below).

Can information always be accessed?

No. There are two types of exemptions: absolute and non-absolute.

If any of the following absolute exemptions apply, the Council does not have to release the information:

The information is otherwise available, e.g. listed in the Council's Publication Scheme.
The Council is prohibited from releasing the information, e.g. by statute.
The information relates to court proceedings, e.g. court records.
Personal information about an individual.
Where disclosure of information obtained by the Council from someone else would constitute an actionable breach of confidence.

There are other non-absolute exemptions where the Council will have to apply a public interest test to decide whether to release the information. This means that the Council can only withhold the information if the public interest in withholding it is greater than the public interest in releasing it. The non-absolute exemptions that are likely to be most relevant to the Council are:

Information intended for future publication within 12 weeks of the request being made.
Research information due to be published and where prior publication would substantially prejudice the research programme or the interests of the Council.
Information which is a trade secret.
Commercial interests where disclosure would be likely to prejudice substantially the commercial interests of any person.
Information held for the purpose of investigations to establish whether an offence has been committed or for proceedings arising out of investigations.
Law enforcement, where disclosure of information could prejudice substantially the prevention and detection of crime.
Information relating to confidentiality of communications which could be maintained in legal proceedings, e.g. communications between solicitor and client.
Health, safety and the environment, where disclosure of information would endanger the health or safety of an individual or if its disclosure is covered by separate Environmental Information Regulations.
Audit functions, where disclosure would substantially prejudice effective audit. This does not cover internal auditing.
Where disclosure of information would be likely to substantially prejudice the effective conduct of public affairs.

The Council must disclose information wherever possible. If an exemption applies, you should be given a written refusal notice that explains why the request is being refused. The notice should also advise you of your right to apply for a review of the decision.

Are there other rights to access information?

Some alternative rights to access information exist: for example, people have a statutory right to inspect and take copies of agendas, reports, background information and minutes (except confidential or exempt items) of the Committees and Sub-Committees of the Council.

Special rules apply to requests for environmental information. A request for environmental information does not have to be in writing and can be made orally. In most cases the Council has to respond to the request within 20 working days. A charge can be made for the information.

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