What information can be requested?
Information access laws give you the right to request any existing recorded information that is held by the council. The main laws that help you do this are the Freedom of Information (FOI) Act 2000 and the Environmental Information Regulations (EIR) 2004. There are different rules that enable you to access your own personal data (Subject Access Request – SAR).
Further guidance on how to access information from a public authority is available on the ICO website.
Examples of types of request
Planning and Building control data (EIR) – historic planning documents not already published on the Planning and Built Environment Public Register.
Lists and statistics (FOI) – penalty charge notices issued or taxi registration data.
Your personal data (SAR) – housing file, council tax history.
EIR and FOI request responses are regularly published on the Information requests register.
More data can be viewed through the council’s publication scheme.
How to make a request for information
To make an information request under EIR or FOI, all you need to do is provide your full name, tell us in writing what information you would like to receive, and where it should be sent (see ‘make a request’ section at the bottom of this page).
You do not need to say which law you are requesting the information under to benefit from the rights they entitle you to.
See ‘refusing a request’ below before submitting a request as this provides guidance on what can be provided and what may be refused.
What happens next
Once we receive your request, you will receive an acknowledgement with a case reference number. If there are any problems with interpreting your request - possibly because the wording is unclear, or there are multiple ways it could be interpreted - we will contact you for clarification.
We aim to respond to all valid information requests within 20 working days of receiving them. In circumstances when this may not be possible, we will notify you. If we are unable to respond in time, we may sometimes need to issue an extension notice which will add up to an additional 20 working days.
If it is not possible to provide you with all of the information you have requested because some of it is exempt, we will explain why this is the case in a refusal notice. You have the right to challenge how any of your requests have been handled and can ask for an internal review simply by explaining why you are unhappy with the outcome.
Refusing a request
There are some circumstances where we will not be able to provide the information you have requested. This includes:
- if the information requested falls under an exemption of the Freedom of Information Act 2000: Exemptions | ICO or an exception of the Environmental Information Regulations 2004: When can we refuse a request for environmental information? | ICO.
- if the information is already available to the public (even if there is a cost to see it).
- if the cost of providing the information exceeds £450.
- if the request is vexatious or repeated under FOI or manifestly unreasonable (EIR).
In these cases, we will send you a refusal notice quoting the exemption or exception and giving full details about why the request has been refused.
Vexatious and Repeated Requests
We won't respond to requests that are deemed to be vexatious, or are repeated requests from the same person or group.
Vexatious requests include requests that:
- are abusive or offensive that cause an unjustifiable level of distress
- make threats towards staff members
- cause a disproportionate or unjustified level of disruption, irritation or distress
In determining whether a request is vexatious the following will be considered:
- the burden it places on the council
- the likely motives for the request
- the potential value or purpose of the request
- any harassment or distress to staff
- previous dealings with the requester.
A repeated request is a request for the same or substantially similar information made by the same person and where there has not been a reasonable interval between requests. The reasonable interval will depend on the individual circumstances of the request.
If a request falls into either of these categories, a written refusal notice will be issued.
Cost Limit
We may refuse a request if we estimate that it will cost us more than £450. This amount is set out as part of the Freedom of Information Act and is calculated at a set rate of £25 per hour.
Where that limit is exceeded, you'll be notified in writing that we are unable to respond to your request, and we will give you the option to refine your request to bring it within the cost limit.
Occasional request charges
While there are no standard charges to make a request for information, we may charge for 'disbursement costs' where necessary.
These are costs such as photocopying, printing and postage if you have specifically asked for documents in a hardcopy format.
You are entitled to ask for information to be sent to you in whatever reasonable format you prefer. Despite this, there will never be a charge for sending electronic documents.
If you have special access needs that mean email or online access is not suitable, please contact the team and we will be happy to arrange an alternative for you.
Other Information
- Oportunitas Ltd: a housing and rental company committed to supporting growth in the district. As a company wholly owned by us, information requests can be submitted directly to them via: oportunitasfoi@folkestone-hythe.gov.uk.
- Otterpool Park LLP: the delivery vehicle for the Otterpool Park development project. As a company wholly owned by us, information requests can be submitted directly to the company through the contact details on their website: Otterpool Park - Garden Town.
Make a request
There are a number of straightforward ways you can make your request, including:
Make a request using MyAccount
- click on the request button below, log into your MyAccount (or create an account if you don't already have one). If you are already logged into your MyAccount the form will automatically open.
- MyAccount is an easier and quicker way to interact with us and is available 24/7.
Make a request using MyAccount
Make a request without creating a MyAccount
- Click on the make a request button below and complete the online form.
Alternatively you can make a request
- on WhatDoTheyKnow, a privately run website operated by the charity MySociety. The website is not affiliated with the Council or government.
- by post to the Council's Civic Centre.
- by email to the Information Governance team.