Children's 'right to know': the Freedom of Information (FOI) Act and young people
Since 1 January 2005 children across Scotland have been able to exercise a powerful new right.
From this date, the FOI Act requires Scottish public authorities to respond to all information requests they receive within 20 working days.
What is the Freedom of Information (Scotland) Act?
The Freedom of Information (Scotland) Act 2002 gives individuals the right to request information from over 10,000 public authorities across Scotland.
This includes the Scottish Parliament, the Executive, all 32 local authorities, the NHS, the Police, educational institutions and bodies such as Scottish Water and the Scottish Arts Council.
The legislation provides a right of access to every piece of information recorded by the authority - from planning documents right down to specific letters, e-mails and minutes of meetings.
The 'right to know' means that every citizen now has a valuable new tool at their disposal if they wish to clarify, question or challenge the decisions made on their behalf.
Does the Act apply to children and young people?
Both adults and children can use these rights equally. The Act explicitly sets out a right of access to those aged 12 or over, but children below this age can also exercise this right, provided they have a 'general understanding' of what it means to do so.
Requests from children must be treated in exactly the same way and to exactly the same deadlines as those received from any other individual, including journalists, campaigners, or political researchers.
Why is FOI important to children and young people?
Evidence suggests that children often find it difficult to assert their rights. They suffer from low awareness among adults of their rights, and they often find it difficult to get access to information for themselves.
The role of teachers in addressing children's awareness is a key factor in encouraging them to use these rights, both now and in the future.
FOI in the classroom
FOI has the potential to be a valuable resource in the classroom, particularly within the framework of education for citizenship. The rights provided by the Act will bring young people closer to the decision-making process on issues that affect them. It will also help them understand how to take account of and to question evidence before coming to a decision.
It will enable them to access the information which has informed (or may inform) a particular decision. That information could then be used to paint a fuller picture and allow the young person to more accurately assess the issue, formulate their own view, and ultimately, contribute to - or even challenge - the decision-making process in some way.
Potential FOI projects in schools
Some potential project areas where FOI might be used in the classroom include:
- Exploring the reasons behind why a skateboard ramp was/wasn't located in a particular area
- Investigating the condition and upkeep of playground equipment in the local park
- Looking at the incidence of bullying in the school and the steps being taken to deal with it
- Examining the school dinner contract - does the quality and service provided match the specifications in the contract?
- Establishing the basis upon which tuck shop facilities are provided or withdrawn.
For each of these issues FOI could be used to gain access to a range of information, including:
- reports, statistics or petitions which have contributed towards the decision-making process
- minutes of meetings where the issues have been discussed
- contracts between authorities and service providers
- e-mails sent or received by authority employees relating to the issue.
These are just some examples of how the Act might be used in the classroom - there will inevitably be many more.
What is an FOI request?
To qualify as a Freedom of Information (FOI) request, the request must be made in writing or 'some other recordable format' (e.g. audio cassette, video tape).
Individuals don't have to cite the Act when making a request - any written request received by an authority will qualify as an FOI request.
What if information is withheld?
When an authority receives a request for information it must respond within 20 working days - by either providing the information requested or setting out why, according to the Act, the information should not be released.
Authorities can withhold information, but only where the Act explicitly permits it. Even if information does fall under an exemption, in most cases the authority must still consider the public interest before ultimately deciding to withhold the information. If it is in the public interest to release the information then it should do so.
If an authority does withhold information, the applicant has a right of appeal, firstly to the authority, and then to the Scottish Information Commissioner.
The Commissioner has a really clear website: there are factsheet and an FAQ for key information on the Act and how it works.
The Scottish Information Commissioner
The Commissioner is the independent public figure who is responsible for enforcing the legislation. Kevin Dunion was appointed the first holder of this post in 2003.
The Commissioner investigates cases where applicants have not received the information they requested from the authority. If he finds that the authority has failed to act in accordance with the legislation, he has the power to force the information to be released.
Alongside this enforcement role, the Commissioner also has the responsibility of promoting the new Act. The Commissioner and his team have been working to actively promote the legislation to both children and those who work with them.
New FOI resources for teachers
January 2005 will see the launch of an FOI portal specifically aimed at children on the Young Scot website.
The Commissioner's office has also begun work with LT Scotland to develop a teacher resource pack which aims to provide practical examples of how FOI can be incorporated into the curriculum. This will be available in early 2005.
The Commissioner and his team have also been working with the Child Law Centre and Children in Scotland to help promote the Act to young people.
The Commissioner's office would be interested to hear from anyone seeking further information on legislation, and in particular from anyone wishing to discuss potential areas and ideas where FOI might contribute as a valuable classroom resource.
Contact details
Office of the Scottish Information Commissioner
E-mail: enquiries@itspublicknowledge.info
Tel: 01334 464610
Kinburn Castle
Doubledykes Road
St Andrews KY16 9DS