Wales Audit Office Freedom of Information Policy

1. The Wales Audit Office recognises the value of greater openness in promoting trust and accountability in public business, in enabling better public understanding of how public authorities carry out their duties and in deterring impropriety and poor performance. This summary of procedures sets out the Wales Audit Office’s general approach to achieving compliance with the Freedom of Information Act 2000 and related legislation, as well as achieving openness generally.

General approach to openness

2. In addition to compliance with the Freedom of Information Act 2000 and related legislation, the Wales Audit Office is committed to:

• the use of clear, plain language, including the explanation of technical terms for the benefit of the lay reader;
• the publication of concise, accurate, fair and well-structured reports;
• the public reporting of findings, except where there are legal or public interest reasons for not doing so.

General approach to compliance with freedom of information legislation

3. The Wales Audit Office will as far as is reasonable and practicable:

1. provide requesters and potential requesters with advice and assistance in their requests for information;
2. consult relevant third parties regarding requests;
3. provide as much information as it legally can without causing undue harm to the public interest;
4. respond quickly;
5. provide information in the form that requesters prefer;
6. investigate and provide considered responses to complaints about the Wales Audit Office’s handling of requests and other freedom of information-related matters, such as its publication scheme.

Providing requesters and potential requesters with advice and assistance

4. The Wales Audit Office will as far as is reasonable and practicable, provide requesters and potential requesters with advice and assistance in relation to their requests for information. Members of the public requiring advice in respect of access to information should contact 029 2032 0500.

5. Where a person is unable, for example, because of disability, to make requests under the Freedom of Information Act in writing, a written note of any telephone request will be sent to the person to confirm what was requested, which will be accepted as a written request when returned to the Wales Audit Office.

Consulting relevant third parties regarding requests

6. Disclosure may affect the legal rights of third parties, such as where information is subject to the common law duty of confidence, or where it constitutes personal data within the meaning of the Data Protection Act 1998. So as to help ensure that such rights are given due regard, the Wales Audit Office will consult with relevant third parties, except where this is impractical or disproportionately expensive. In accordance with the Freedom of Information Act, the determination of whether information should be disclosed, will, however, remain the Wales Audit Office’s decisions.

Providing information legally and in the public interest

7. Overall, the Wales Audit Office will disclose requested information that it holds except where:

1. it is information intended for future publication and it is reasonable to wait for publication;
2. it would involve providing information that is not only reasonably accessible by other means, but which is also most appropriately obtained by those other means. This includes information available in items on the Auditor General for Wales publication scheme and  from commercial sources;
3. despite assistance, insufficient description is given to identify the information, an applicable fee is not paid, or where requests are vexatious or repeated;
4. disclosure of the information is prohibited or would cause harm in relation to matters for which the Freedom of Information Act provides exemptions, subject, where applicable, to public interest tests. This includes personal information, information provided in confidence and information where disclosure would, or would be likely to, cause harm to the Wales Audit Office’s or other external auditors’ audit functions.

8. Where the Wales Audit Office refuses to provide information, the response will identify why and include advice on how to make a complaint.

Responding quickly

9. The Wales Audit Office will respond to requests for information within 20 working days, or 60 working days in specific circumstances. A working day means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday. Where the period is extended, the requester will be informed of the delay and will be given an estimated response date.

10. If a note of a request made by telephone has been prepared by Wales Audit Office staff on behalf of the requester, the 20 working day commitment takes effect from the date on which the requester confirms the note of the information requested.

Transferring requests

11. The Wales Audit Office cannot provide information that it does not hold. If another public authority holds the information, and if it seems that the requester is unlikely to object, the Wales Audit Office may consult the body and transfer the request if appropriate. The requester will be advised of the transfer. Alternatively, the Wales Audit Office will advise the requester that the information is not held by the Wales Audit Office and suggest that a request be made to the authority that is likely to hold it.

Providing information in the preferred form

12. Requesters will generally be provided information in either Welsh or English, and in either electronic form or paper, according to their preference. Most information will be made available on the internet, but equivalent single paper copies will be available usually without charge. The Wales Audit Office will also make large print and audio tape copies of items available on request where practicable.

Complaints

13. Where a requester is not satisfied with a response, they may firstly complain to the Information Officer or the person who responded to the request. If, after pursuing this procedure, the requester is still unhappy with the outcome, he or she may complain, to the Information Commissioners’ Office. In most circumstances the Information Commissioners' Office will expect the Wales Audit Office’s own procedures to have been exhausted before the matter is referred to his office.  Contact details of the Information Commissioners’ Office are:

Information Commissioners' Office
Cambrian Buildings
Monut Stuart Square
Cardiff
CF10 5FL
emal: wales@ico.gsi.gov.uk
Tel: 029 2044 8044
Fax: 029 2044 8045
http://www.informationcommissioner.gov.uk/.

Charging policy

14. The Wales Audit Office’s general policy is not to charge for information other than to recover the cost of postage, packing, printing and photocopying where this exceeds £5, or where a published document has a cover price. A further exception is where the cost of collating the information is estimated to exceed £450, as defined by the regulations under the Freedom of Information Act. In such cases, costs will be calculated in accordance with those regulations, and the requester will be advised of the amount they would need to pay. The time recorded for meeting the request will run from the date on which the requester confirms that they wish to proceed with the request and the necessary payment has been received and cleared by the requesters’ bank.

15. If you have questions about these procedures or need advice or other help in making a request, please call the Information Officer on 029 2032 0500, email infoofficer@wao.gov.uk, or write to:

The Information Officer
Wales Audit Office
24 Cathedral Road
Cardiff
CF11 9LJ