FOI requests to English councils rose by 39% in 2009, researchers find

The number of freedom of information requests made to local authorities in England in 2009 rocketed by 39%, it has been revealed.

In its annual study of compliance with the Freedom of Information Act and the Environmental Information Regulations, the Constitution Unit at University College London (UCL) estimated that 164,508 requests were made during the year. The total cost of dealing with these requests was £36.6m, UCL added.

A survey that drew substantives responses from 117 FOI officials also found:

  • Increasing complexity of the requests, making it difficult to respond within the 20 day timescale
  • Unhappiness about requesters using FOI as a route to pursue unresolved grievances with councils
  • Abuse of the ‘spirit’ of the Act, with many journalists using it for stories and businesses using it for commercial gain, rather than it being used to serve the local community
  • A lack of resources for FOI compliance in terms of staff and finance, with a failure to increase resources in line with the increased number of requests
  • Colleagues’ and senior managers’ reluctance to comply with FOI, which is seen as a nuisance rather than a duty
  • Too little guidance, advice or training provided on procedural aspects of the Act
  • Confusion between overlapping legislation.
  • A desire to see the cost limit lowered or fees introduced to manage.

London boroughs and county, metropolitan and unitary councils saw an average of 690 requests received during 2009. The corresponding figure for district councils was 302.

The UCL survey gave respondents the opportunity to outline the problems they have with FOI compliance, as well as the positive impacts of the regime. The top three problems with compliance were:

  • Requesters and requests
  • Resources
  • Cooperation and support from service departments and management

The top three positive aspects were:

  • Better record management
  • Openness, transparency and accountability
  • Improvements to organisation (not related to record management)

The research showed that 65% of councils did not charge for requests under any circumstances, and that less than half of payments to councils that did charge were actually received.

Although the time spent on each request reduced from 11.6 hours in 2008 to 8.9 hours in 2009, with the number of total requests increasing by 45,939, the pressure on resources available to councils to respond significantly increased.

Significant trends over the last five years include an increase in the percentage of requests coming from journalists and the media, with the share attributable to businesses and the public declining. Dealing with requests from journalists was reported to be more time consuming than those made by other requesters.

The UCL report does not attempt to draw firm conclusions from the figures it has published, making it clear that there are “a number of possible reasons for the trends and changes”.

The Constitution Unit is conducting further research into FOI and local government, the results of which will be published later this year.

Ed Archer