Freedom of information request

Freedom of Information Request – Adam Smith Institute

We are aware that a number of councils in Kent have recently received a Freedom of Information (FOI) request from James Hodgkinson at the Adam Smith Institute, asking for the following information for each of the last three full financial years:

  • The annual Parish Precept receipt for the whole year

  • The number of community events run by the Parish Council

  • A breakdown of costs in the following categories:

    • Clerk costs

    • Community building maintenance

    • Councillor expenses

    • Other (please specify)

  • Whether any donations or financial contributions have been made to churches or other religious buildings, and the nature of these (including for exterior/non-fabric projects)

  • The number of councillors currently sitting on the Parish Council, and how many of those were appointed via co-option

If your council has received this request, please be reassured that you are not alone – councils across the country have also been contacted. This was raised during a recent call between NALC and County Associations, and NALC has confirmed they will follow up directly with the Adam Smith Institute to seek clarification on the purpose and scope of the request.

You have the usual 20 working days to respond to an FOI request. At this stage, you can begin preparing your response. Much of the information requested should already be available on your website (for example, precept details, staffing costs, councillor information, and financial statements). It is acceptable under the FOI Act to signpost to the appropriate document rather than provide it again.

If some information is not already published, you will need to supply it. However, you may prefer to wait until we have an update from NALC before responding—unless you are nearing the statutory deadline.

Adam Smith Institute FOI Request – Response from Breakthrough Communications via NALC

Breakthrough Communications have provided some useful advice, shared nationally via NALC.

Under FOIA Section 21, information that is already published on a council’s website is exempt from disclosure. Looking at the request, a large proportion of the information should already be proactively published by councils. Some of the questions are also unclear or insufficiently defined, which makes it difficult to respond accurately.

Breakthrough’s comments are summarised below (their observations are in bold):

  • The annual Parish Precept receipt for the whole year – should already be published in the accounts – Section 21 exempt

  • The number of community events run by the Parish Council – should be available through minutes – Section 21 exempt, though it is unclear what qualifies as a community event

  • A breakdown of costs in the following categories:

    • Clerk costs – unclear whether this refers to salary, expenses, pension contributions, etc.

    • Community building maintenance – unclear what constitutes a “community building”

    • Councillor expenses – should be published in the accounts – Section 21 exempt

    • Other (please specify) – not clearly defined

  • Donations or contributions to churches or religious buildings – unclear whether this includes hall hire for council meetings or only grants

  • Number of councillors and co-options – should be published on the website or in meeting minutes – Section 21 exempt

KALC will continue to liaise with NALC and will share any further updates as soon as more information becomes available.

If you have concerns or would like guidance on how to respond to this or any other FOI request, please contact KALC for advice.