Browser will not support search if JavaScript not enabled.

[skip to content]

Freedom of Information

Information for you about the Act, the Council's responsibilities and how to obtain access to information using our FOI online request form.

  • What is the Freedom of Information Act?
    The Act gives members of the public a general right of access to all types of recorded information held by public authorities.  The Act sets out certain exemptions from that right and places a number of obligations on public authorities.
  • What is a 'public authority'?
    Tunbridge Wells Borough Council is a public authority.  A 'public authority' is defined in the Act, and includes, but is not restricted to, central and local government, non-departmental public bodies, the police, the health service, and schools, colleges and universities.
  • Does the Freedom of Information Act replace the Data Protection Act?
    No.  Individuals already have the right of access to information about themselves under the Data Protection Act 1998.  As far as public authorities are concerned, the Freedom of Information Act will extend this right to allow public access to all types of information held.
  • What must the Council do under the FOI Act?
    The Council, as a public authority, is required to maintain a 'Publication Scheme' which sets out the information it holds, how the information is published, and whether a charge will be made for it. 

The aim of the Publications Scheme is to make it easier to find the information and reduce the need for members of the public to make individual requests.

If you do make a request for information, however, we must tell you whether the information is published and - so long as the information doesn't fall within prescribed exemptions - make it available.

When responding to requests, there are set procedures that public authorities need to follow. These include:

  • the time public authorities are allowed for responding to requests, which is set at 20 working   days;
  • the fees or amount that public authorities can charge for dealing with requests. Public authorities are not obliged to deal with requests if the costs of finding the information exceed a set amount known as the appropriate limit, which is set at £450. Where the estimated costs exceed the appropriate limit, the authority is not obliged to communicate the information to the applicant. In the event that a public authority decides to proceed with  a request which exceeds the cost limit, where the authority wishes to charge a fee for providing the information, they should issue a fees notice to the requester in order to avoid any confusion; and
  • public authorities need not comply with vexatious or repeated requests. The key question is whether the request (taking into account its context and history) is likely to cause distress, disruption or irritation without any proper or justified cause. It is the request itself, not the identity of the requester or the consequences of disclosure that is relevant. Where a local authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.

Freedom of Information Data

Publication Scheme | FOI Disclosure Log (responses)

Freedom of Information - Complaints

If you are unhappy with the way we have dealt with your request or disagree with the decision, you can request a review under our Complaints Procedure. We will respond to your complaint within twenty working days and if you remain dissatisfied at this stage you can contact the Information Commissioner's Office.

Online form buttonTo request information please use our online freedom of information request form (this link will launch in a new window).  If you have problems accessing the form please e-mail mailto:foi@tunbridgewells.gov.uk with your enquiry.


Related Pages
Contact Directory
Publication Scheme
The Freedom of Information Act 2000 requires all public authorities to adopt and maintain a publication scheme.
Weblinks
Freedom of Information Act
Information Commissioner's Office