What are public authorities and what are their obligations?

What are public authorities?

The Freedom of Information Act and Environmental Information Regulations apply to public authorities and companies wholly owned by public authorities in England, Wales and Northern Ireland. This broadly means publicly funded organisations that work for the welfare of the whole population, including:

  • government departments;
  • local authorities;
  • educational establishments;
  • NHS, GPs and dentists;
  • police forces; and
  • health authorities.

View the full list of public authorities covered by the Freedom of Information Act

Public authorities are obliged to provide information:

  • through a publication scheme, which should list all the information they routinely make available to the public; and
  • in response to requests made under the right of access given by the Freedom of Information Act and Environmental Information Regulations.

The breadth of information made available to you is shown by these examples:

General information

  • Minutes of meetings
  • Organisational structure
  • Policies and procedures
  • Budget, expenditure and allowances

Government

  • Cost and use of official cars
  • Compensation paid to IRA suspects
  • EU subsidies paid to farmers

Health and safety

  • Surgeons’ performance records
  • NHS use of private hospitals
  • Trials of new medicines
  • Links between school dinners and Creutzfeldt-Jakob disease

Transport

  • Local authorities income from parking fines
  • Costs of transport projects, such as the second runway at Stansted Airport
  • Location of speed cameras.

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

  • how much time they are allowed to take, to respond;
  • how much they can charge; and
  • when they don’t have to respond (procedures that relate to vexatious or repeated requests).

The Act also recognises there are valid reasons for withholding information. It sets out a number of exemptions from people’s right to know, some of which have to be weighed up against a ‘public interest test’, which determines whether there is a stronger public interest in releasing or withholding the information.