Best Practice
Unlike much modern legislation, the Freedom of Information Act does not leave implementation to the discretion of those affected by the Act but is prescriptive in setting out the framework within which public authorities are expected to comply.
So, within the Act we have two Codes, which though not enforceable in themselves set out clearly the expectations of the legislators in terms of good practice in areas which they see as being of particular importance.
This Code, known as the Section 45 Code of Practice, sets out clearly what public authorities are required to do to comply with the legislation. However, it goes further in encouraging Public Authorities to raise their standards and do more than is minimally required.
Arising from this Code, public authorities are encouraged to establish a dialogue with the applicant in order to comply with the duty to advise and assist as well as introduce reliable administrative systems which will ensure that applications for information are dealt with within the statutory time limits. This code also instructs public authorities about how to approach the interpretation of the exemptions and the public interest test.
Outside the Code much work has been done by the Ministry of Justice to support best practice - particularly in Central Government. The establishment of an IT specification, a framework for training and model responses for information requests as well as detailed advice on the application of the exemptions are all easily accessible. Similarly the Information Commissioner has published detailed advice which is particularly useful.
Further sources of best practice are the websites established by organisations with a particular interest in access to information including the Campaign for Freedom of Information and a number of government departments including the Ministry of Defence. Also useful is the definitive manual 'The Right to Know'.
The Lord Chancellor's Code of Practice on the Management of Records
This is known as the Section 46 Code and has been published by the Ministry of Justice but was written by expert colleagues at the National Archives. It reflects the dependence of successful compliance on effective and efficient records and information management, and sets out clearly the necessary steps towards good practice. The National Archives has done a great deal of work following on from the Code to establish template policies and procedures - all of which are accessible on their website.
Kelvin Smith - a nationally recognised expert on records management - has also written a definitive guide to FOI in that context - Freedom of Information: A Practical Guide to Implementing the Act
