The Freedom of Information Act 2000 (FOIA) came into force on 1 January 2005, giving individuals, organisations or companies the opportunity to request information held by public authorities.
Before you make a request
You should check:
- to see if your request has already been asked or we already provide the information by searching the disclosure log or Publication Scheme pages
- if your request is valid, check the ICO guidance (ICO website)
- if we are the right organisation that deals with the information you're requesting
Unclaimed estates
The government's Bona Vacantia division (BVD) deals with persons who die without leaving a will or any entitled kin:
- what to do if there is no will (GOV.UK)
- claim or refer an unclaimed estate (GOV.UK)
- Unclaimed Bona Vacantia Estates in England and Wales (GOV.UK)
School-specific information
In most cases, requests for certain school-specific information should be transferred to the schools themselves. Questions which are non school-specific should be directed to Cumberland Council.
Search our school directory for contact details
Health Services
Requests for information about these services should be addressed to North Cumbria Integrated Care NHS Foundation Trust.
How to make a request
All requests for information under the FOIA need to be made in writing and must include:
- your name
- a correspondence address
- describe the information you need and any time periods or departments it may relate to
Be as clear and precise with your request as possible. Include specific dates where necessary. This will avoid us having to ask for clarification which could slow the response to your request.
Submit a request for information
If you need help filling in an FOI request or have a query, get in touch with us.
Email: Information.governance@cumberland.gov.uk
After you've made a request
You have the right to be informed in writing as to whether we hold the requested information and to have that information supplied within 20 working days subject to any exemptions.
If we cannot provide the information to you for any reason, or we do not hold the information you request, we will let you know as soon as possible.
It can be arranged for information to be made available in large type and other formats on request.
Environmental information
If you request what can be classed as environmental information then it will be considered under the Environmental Information Regulations (EIR).
Whilst we are expected to make environmental information proactively available, there are certain exceptions to disclosure.
The regulations are similar to the Freedom of Information Act, however some of the main differences are:
- a request can be made verbally - however, a written request may help us be sure we get all the right information from you
- the EIRs allow for a 20 working-day extension to consider a large request, whereas the FOIA only allows an extension to consider the public interest test
- the EIRs have a different set of exceptions with regard to the non-disclosure of information, though many share elements with the FOIA
You do not need to worry about which regulations we will consider your request under. If you are unsure, make it under the one you think is correct, and we shall reply according to our interpretation of the request.
Further information on EIRs can be found on the ICO website
Why we might not disclose some information
We may not hold the information you request as it may be held by another organisation.
There are exemptions on disclosing information. Remember that a disclosure made under the FOIA is made to the wider public, not just the person who has made the request.
The exemptions ensure that a proper balance is achieved between the right to know, the right to personal privacy and the delivery of effective government.
We will need to consider the content of the information, the effect that disclosure would have on the source of information and the purpose for which the information was recorded. If information is going to be withheld, we must explain which specific exemptions apply and the reasons for this decision.
Examples of the considerations we might make are:
- personal information, where disclosure of the information requested would breach the Data Protection Act
- information provided to us in confidence, such as a complaint about noise, where the information may identify the complainant
- information which if disclosed, would prejudice our enforcement investigations
- information which if disclosed would put our staff at risk
- information which if disclosed would prejudice the commercial interests of the council or its partners
Each request will be considered on a case-by-case basis and we always balance our decision fairly, in weight of disclosure. Read the full details of exemptions (ICO website)
Appeal against a decision made under the Freedom of Information Act
If you are not happy with how your request has been handled or how an exemption has been applied, you can request an internal review.
Contact the Information Governance Team within 40 days of receiving your reply from us. We will then review your request and issue a decision accordingly within 20 working days.
Email: information.governance@cumberland.gov.uk
If you remain dissatisfied, you can contact the Information Commissioner's Office (ICO) to consider your request. The ICO will not consider appeals unless our appeal procedure has been exhausted.
Your privacy when making a request
Details of your request will be kept for up to three years, in order to take account for any appeal procedures. Where possible we shall ensure the information we hold is anonymous when it is used for statistical purposes aimed at improving our services.