Tag: FOISA

Scottish Information Commissioner’s Annual Report

bridge-192982

In September the Scottish Information Commissioner, Rosemary Agnew, published her annual report for 2013/14.  Ms Agnew enforces the Freedom of Information (Scotland) Act 2002 (FOISA). In her own words, “The report documents our achievements and challenges across the year, while also providing a snapshot of the wider picture of FOI in Scotland.”

Key facts are as follows:

  • Appeals to the Commissioner fell slightly during 2013/14, with 578 appeals received compared to 594 in 2012/13.  The slight fall appears to be due to a fall in the number of appeals made because an authority had failed to respond within the statutory time limits.
  • The Commissioner received the highest number of enquiries to date, at 2,008.  This was an 11% rise on last year.
  • 62% of appeals were from members of the public.
  • In 67% of decisions the Commissioner found wholly or partly in favour of the requester.
  • Public awareness of FOISA in Scotland is at 78%.
  • Scottish public authorities reported that they received over 60,000 FOISA requests in 2013/14.
  • 75% of appeals took less than 4 months to resolve.
  • There were no appeals to the Court of Session against decisions issued by the Commissioner in 2013/14.
  • The Commissioner launched a new programme of regional “roadshows” , which saw the Commissioner and her staff deliver FOISA training to over 200 participants from a range of backgrounds.

In an excellent example of Open Data, the Commissioner has also published detailed information on the appeals received since 2005, broken down by public authority, region and sector, in Excel spreadsheets on her website.

The Commissioner is currently working on a Special Report on the scope of FOISA and whether all the right organisations are covered. The report will be laid in the Scottish Parliament in early 2015, to coincide with the 10th anniversary of the Act coming into force.

If you are new to FOI in Scotland or want to boost your career through gaining a qualification, our FOISA Practitioner Certificate  is ideal for you. The four day course is endorsed by the Centre for FOI , based at Dundee University.

If you’re considering enrolling on the course, what can you expect? Read what the tutor has to say and have a go at the FOISA test.

Practitioner Certificate in FOISA: Review of First Year

canstockphoto9203213_thumb.jpg

Act Now Training is pleased to report that it has completed a very successful first year of delivering the Practitioner Certificate in the Freedom of Information (Scotland) Act 2002. Four courses were delivered in 2013 with very strong candidates from a variety of backgrounds:

clip_image002

The overall pass rate was 94% with over a third of delegates obtaining a distinction (over 80%). 72% of delegates scored above 65% in the final assessment. The delegate feedback has been extremely positive. All said they enjoyed the course and felt that they would be able to apply the skills learnt on the course in the workplace to improve their efficiency in dealing with FOISA requests. (Read a successful candidate’s observations here.)

Commenting on the first year of delivering the course, Tim Turner said:

“I’ve enjoyed writing and delivering this course. The results have been encouraging and also demonstrate clearly the high level of expertise in Scottish Public bodies. I am also pleased that the course project element has enabled individuals to achieve very high marks and well deserved distinctions. I think that this style of qualification is better suited to the way of working within Scottish Public Bodies managing Freedom of Information.”

More of Tim’s views on the course can be read here.

The course is endorsed by the Centre for FOI based at Dundee University. The Chair of the independent Exam Board , Professor Kevin Dunion (formerly the Scottish Information Commissioner and now the Executive Director of the Centre for FOI) says in the course review report:

“I’m pleased to be able to participate in the review of the first year of this groundbreaking new course designed for Scottish FOI practitioners. Having reviewed the syllabus, the examination process and the first year’s results I am happy to continue to endorse Act Now’s Practitioner Certificate in FOISA for another year. The quality of the delegates, as evidenced by the high grades, augurs well for FOI in Scotland. In particular, I am pleased at Act Now’s initiative to include practical elements in the course. This clearly provides direct benefits for  public authorities,  by improving the ability of practitioners to deal with complex information requests.”

With more bodies being made subject to FOISA on 1st April 2014, we are confident that the Act Now Practitioner Certificate in FOISA will soon become the qualification of choice for FOISA professionals in Scotland.

Our next course is in May in Edinburgh. Interested? Have a go at the FOISA test.

New Bodies Subject to Scottish FOI (FOISA) on 1st April 2014

file3521280608873On Tuesday (1st April 2014), more bodies in Scotland will be made subject to the Freedom of Information (Scotland) Act 2002 (‘FOISA’).

 The Freedom of Information (Scotland) Act 2002 (Designation of Persons as Scottish Public Authorities) Order 2013 has been made under section 5 of FOISA which gives the Scottish Ministers the power to add additional organisations to the list of Scottish Public Authorities. Section 5(2) sets out the criteria for making such an order.

The organisation must :

“(a) appear to the Scottish Ministers to exercise functions of a public nature; or

(b) are providing, under a contract made with a Scottish public authority, any service whose provision is a function of that authority.”

The new order extends FOISA to organisations created by councils to delivering leisure and sporting facilities. More precisely, in the words of the order, bodies:

 “(a) established or created solely by one or more local authorities;

 (b) whose functions on behalf of any of those authorities include developing and/or delivering recreational, sporting, cultural or social facilities and activities; and

 c) which in carrying out those functions is financed wholly or in part by any of those authorities”

 There is no legally definitive list of additional bodies, which will become subject to FOISA under the S.5 order on 1st April. It is for each organisation to satisfy itself if it meets these conditions.

However, pursuant to a FOISA request, the Scottish Information Commissioner has released, amongst other things, a list of potential bodies drawn up by her office in March 2013 while the draft S.5 order was being debated in the Scottish Parliament. Examples from the list include Culture and Sport Glasgow , Inverclyde Leisure, Sport Aberdeen and Fife Golf Trust. You can find more here. It is important to note that the Commissioner has issued this list with the caveat that it does not constitute a legally definitive list for the purposes of the order.

The Scottish Government intends to consult further in due course on extending freedom of information coverage to other arm’s length organisations.

The order comes after a consultation in July 2010 by the Scottish Government on whether the coverage of FOISA should be extended to the following bodies:

  • Contractors building and maintaining hospitals and schools
  • Contractors operating privately managed prisons, providing prisoner escort and court custody services
  • Contractors operating and maintaining trunk roads under private finance contracts
  • The Glasgow Housing Association (GHA)
  • The Association of Chief Police Officers in Scotland (ACPOS)
  • Bodies created by local authorities to provide leisure, culture and sport services

 Interesting how the Scottish Government decided not to make contractors subject to FOISA. In the rest of the UK, the debate on this issue has been reignited recently. The Government has once again flip flopped and mixed messages have come out about contractors being made subject to the Freedom of Information Act 2000 (FO)).

 Initially there was talk of extension of FOI to the private sector. Now it is about extension of FOI through a new code of practice. This will be the subject of one of two new consultations announced recently.

It remains to be seen who will be the first to say yes to more openness and transparency for the private sector!

 Think you know about FOISA? Have a go at the FOISA test.

 Act Now Training has now designed a new certificated course; the Practitioner Certificate in the Freedom of Information (Scotland) Act 2002. The course is endorsed by the Centre for FOI based at Dundee University.

FOISA Practitioner Course: A Successful Candidate’s Observations

canstockphoto9881451_thumb.jpgDonald Maclean, Freedom of Information and Data Protection Officer at Perth College, recently successfully completed our certificated course; the Practitioner Certificate in the Freedom of Information (Scotland) Act 2002. Here Donald shares his experience and tips for future delegates:

I undertook this course in 2013, and was delighted to see a course that offered certification, and training days that were spread out over 5-6 weeks, which made it much more manageable in terms of my employer’s willingness to sign up for it.

The venue was lovely (overlooking Princes St Gardens in Edinburgh) and the quality of the training was first rate. The trainer (Tim Turner) had a plan, but was willing to take a tangent to address individual issues raised by participants. These tangents, and the highlighting of issues that arise in different types of public authorities, were amongst the most interesting aspects of the course. Examination of the law itself, and how it applies in reality, was detailed, accurate and certainly widened my understanding of the law. Information Commissioner decisions, related to individual aspects of the law, were particularly useful and enlightening.

The course helped me immensely in my job: in terms of added knowledge, procedural aspects, and confidence that decisions and replies would bear scrutiny if examined or challenged. Some aspects of FOISA procedure were altered after this course, to ensure that procedure would lead to the most appropriate and legally sound treatment of FOISA requests. I still keep course materials close to hand, and do still refer to them at times.

Feedback was supplied to my HR department and line manager, and I was able to report that I considered the course to be excellent value for money. Certification was useful in terms of acknowledgement of CPD activities, and also for my professional status.

I tended not to worry too much about the exam. It was made clear that if we did the required reading and familiarised ourselves with course materials and Information Commissioner decisions, we would have the knowledge necessary to pass the exam. So, I did the homework, read the course materials, and paid attention to the content of the Commissioner’s decisions. On the odd occasion during the exam when I drew a blank, I suspect it was due to age and failing memory. The only part of the course I struggled with was the interpretation of the case studies for the projects. I found it difficult to settle on an approach to the case studies, without getting so wide in scope that several scenarios would be required. Once I settled on a case study, and thought about the best approach, everything flowed fairly freely after that.

For future candidates I would recommend the following:

  • Do the homework.
  • Remain focussed during training sessions.
  • Read the course materials, particularly the procedural and exemptions materials.
  • Learn to pick up the key messages and facts being discussed, and note them briefly in your course materials.
  • Pay close attention to the reasoning included in Commissioner’s decisions, particularly when undertaking the project.
  • Ask questions. You usually get a pertinent and helpful reply, and it encourages group discussion.
  • Don’t worry about the exam. If you’ve listened, discussed and read course materials, you will be fine.
  • Enjoy the course and the access to expertise.

The Practitioner Certificate in the Freedom of Information (Scotland) Act 2002 is suitable for the FOISA novice as well as the experienced practitioner. Thus far we have had very strong candidates from a variety of backgrounds.

If you’re considering joining the course, what can you expect? Read what the tutor has to say and have a go at the FOISA test.

Scottish Information Commissioner’s Annual Report

SICFOISA

The Scottish Information Commissioner has published her annual report for 2012/13.  Key facts are as follows:

  • The Office of the Scottish Information Commissioner (OSIC) received 594 FOI appeals in the year. This was an increase of 14% on last year, and an increase of 49% over the last 5 years.
  • 27% of appeals related to a failure to respond within FOI timescales.  This is the largest proportion of such appeals to date.
  • The OSIC found completely in the requesters’ favour in 37% of cases, completely in authorities’ favour in 37% and partially in favour of requesters / authorities in the remainder.
  • OSIC closed 564 cases, a 9% increase on last year.
  • OSIC has introduced new resources to advise and assist public authorities and requesters.
  • OSIC has announced its strategy for improving performance of FOI in Scotland by adding value.

FOI continues to be used predominantly by members of the public, as illustrated by the examples in report.  These show the range of important “real-life” community issues for which FOI is used on a daily basis.

During the year Act Now Training received valuable feedback from the Scottish Information Commissioner in respect of our certificated course; the Practitioner Certificate in the Freedom of Information (Scotland) Act 2002. The course is also endorsed by the Centre for FOI based at Dundee University.

If you’re considering joining the course, what can you expect? Read what the tutor has to say and have a go at the FOISA test.

Forthcoming Webinars

EI(S)Rs 2004: An Introduction
18th Oct 2013  @ 10:00am | http://www.actnow.org.uk/courses/966

The FOI (Scotland) Act 2002: An Introduction
28th Nov 2013 @ 10:00am | http://www.actnow.org.uk/courses/971

FOISA 2002: An Update – 28th Nov 2013 @ 11:30am – http://www.actnow.org.uk/courses/972

Recordings also available – Please email info@actnow.org.uk for more details

At Last! A Certificated Course for Scottish FOI Practitioners

FOISAPageimageFor years Scottish Freedom of Information practitioners did not have a Scottish FOI qualification that they could study for. Unlike their counterparts in England and Wales, the BCS (formerly ISEB) FOI course is not suitable as it concentrates on the Freedom of Information Act 2000.

Seeing this unmet training need, Act Now Training has now designed a new certificated course; the Practitioner Certificate in the Freedom of Information (Scotland) Act 2002. The course is endorsed by the Centre for FOI based at Dundee University.

The course is suitable for the FOISA novice as well as the experienced practitioner. The course structure is designed to thoroughly examine the law as well as the practical aspects of dealing with FOISA (and EI(S)R) requests on a day-to-day level

Two courses were completed in the Spring/Summer season. Two more are scheduled for October and December. Thus far we have had very strong candidates from a variety of backgrounds. All have said how useful they have found the course.

If you’re considering joining the course, what can you expect? Read what the tutor has to say.

Think you know about FOISA? Have a go at the FOISA test.

Download the course flyer here

New Certificated FOISA Course: What the Tutor Saw

ANT FOISA Webpage (2)Act Now runs a Practitioner Certificate in the Freedom of Information (Scotland) Act 2002 – the inaugural course has been completed, the second one is currently running, and two more are scheduled for October and December. The course is endorsed by the Centre for FOI based at Dundee university. If you’re considering joining the course, what can you expect?

I wrote the course and I deliver it in Edinburgh (or elsewhere, if you’re interested in us bring the certificate to you). The first thing you can expect is to be in expert company – this is not to blow my own trumpet, but to reflect the high quality of the candidates we’ve welcomed. On both of the Spring courses, we had very strong candidates from a variety of backgrounds. But this mustn’t put off, the FOISA novice. One of the advantages of experience fellow delegates is that you can ask questions and get information from a wide variety of people with different experiences. The course also starts right at the beginning, with a clear explanation of the FOISA nuts and bolts.

More importantly, you get a focus on practicality. If you want an academic focus on the political and philosophical implications of FOI legislation, you may be disappointed. We don’t spend time on the history, and the comparison between FOI 2000 and FOISA is drawn only when it might be helpful for delegates. This course is designed to be for practitioners – people who have to deal with a daily influx of requests, difficult and challenging applicants, and tricky decisions. We look at the Scottish Commissioner’s guidance, useful decisions, and best of all, delegates themselves share their experiences. Some of the best ideas came from those people who work on FOISA every day. Most trainers like to show off, but it’s been good to shut up sometimes and let other perspectives be heard.

One of the chief objectives of the course is to demystify areas that are sometimes shrouded in uncertainty – not every candidate is convinced that they need to know about the Environmental Information Regulations, but many seem to have gone away with the ‘is it FOISA or EI(S)R?’ question slightly higher up their list of priorities. We have also had the traditional ‘what is personal data?’ debate to good effect, despite the risk of exposing who in the room is a real information rights geek (it is usually just me!).

At the end, we have an assessment, and again, the focus is on practicality. The feedback from the first round of delegates has been very positive, and so the format will remain unchanged. Many people who return to the exam room after years working in the office find the transition tricky and the effort of hand-writing an exam exhausting, so we have tried to find an alternative to the traditional 3 hour pressure cooker. The exam is a test of knowledge – candidates have to remember facts, and apply their knowledge to three detailed, list-style questions. Few FOISA professionals benefit from being able to remember specific subsections by rote, so the focus is on providing clear, accurate answers to practical questions. After this, delegates are given projects to choose from, and in 20 working days, they have to pick a request, consider all of the options, and then deliver a full response including a refusal notice.

The aim of the course is to give practitioners confidence, to ensure that they know how FOISA and the EI(S)Rs work, and to improve their ability to do their work. However, anything involving a ‘Certificate’ inevitably comes around to the big question of getting the marks. To pass this course, candidates need at least 50% of the marks on both parts of the assessment – exam and project. The first round of results are in, and everybody passed. The exam results were solid, but all candidates came into their own with the project. Every single one was really impressive, despite our demand for absolute precision on the project side. The results may be flattered by the quality of the candidates, but by giving people the chance to go away, consult other sources and have the time to make their case, we saw superb results.

This is not an easy course – day 1 is straightforward, but days 2 and 3 are hard work, with homework after each and the prospect of an exam shortly after the final day(see the course structure ). However, all candidates seem to have enjoyed it, and more importantly, all of them have shown so far that they are practitioners of a high standard. Roll on October!

Tim Turner is the tutor for the Act Now Practitioner Certificate in FOISA. More details of the course are on our website. Please get in touch if you have any questions (info@actnow.org.uk) 

The Scottish Information Commissioner Needs You

SIC Web Page

The Scottish Information Commissioner is conducting a survey on FOISA learning and development resources. We would encourage all our Scottish friends and delegates to complete the survey and have a say in the future priorities of OSIC.

“The Scottish Information Commissioner is seeking a better understanding of the learning and development needs of the staff of Scottish public authorities who want to know more about Freedom of Information (FOI). We also want to find out more about what FOI learning and development support is available in Scotland today.

This survey covers FOI and the Environmental Information Regulations (EIRs) – it is NOT gathering information about data protection training. We’ll use the findings of this short survey to identify where we can best focus our efforts to provide authorities with learning and development support which meets their needs.

The survey is completely anonymous, although you may give us your name if you prefer. It should take between 15 and 30 minutes to complete (depending on your answers).”

CLICK HERE to access the survey

A survey report will be published on the OSIC website.

Don’t forget we are running Scotland’s first certificated FOISA course in Edinburgh in February.  This is accredited by the Centre for FOI which is part of the University of Dundee. The Executive Director of the Centre is Kevin Dunion (the former Scottish Information Commissioner).

New FOISA Qualification

Act Now Training is pleased to announce the Practitioner Certificate in Freedom of Information (Scotland).  This is the first certificated course specifically designed for those who work with Freedom of Information and the Environmental Information Regulations in Scotland. Successful candidates will receive a certificate  demonstrating that they possess a good knowledge of Freedom of Information and other information laws  they apply in Scotland, as well as an understanding of the practical implications for their organisation.

cfoi

The Certificate is endorsed by the Centre for Freedom of Information based at the University of Dundee. The Executive Director of the Centre is Professor Kevin Dunion (formerly the Scottish Information Commissioner). Professor Dunion says:

“On behalf of the Centre for Freedom of Information, I am pleased to endorse Act Now Training’s Practitioner Certificate in Freedom (Scotland). In my view it is important that the skills which our FOI(S)A practitioners have built up should be formally recognised through a certificated qualification. The training approach and course documentation reflect the distinctiveness of our Scottish FoI regime. I am confident that Scottish FOI(S)A practitioners will find this course invaluable in acquiring a greater understanding of all aspects of information rights legislation which impacts on Scotland. In particular the practical elements of the course will improve delegates’ ability to deal with the increasingly complex information requests received by Scottish public authorities.”

The course runs over four days followed by online sessions and an exam. Candidates also have to submit two practical case studies. In drafting the course syllabus we have consulted the Office of the Scottish Information Commissioner and taken account of their comments and suggestions. We also have an independent exam board (chaired by Professor Dunion) consisting of FOI(S)A practitioners and renowned experts.

We are confident that the Act Now Practitioner Certificate in Freedom of Information (Scotland) will soon become the qualification of choice for FOI(S)A practitioners in Scotland.

Please get in touch if you would like more information.