Fear of funding cuts is stifling freedom of information requests

Published on Monday 4 January 2010 21:40

VOLUNTARY sector workers are fearful of submitting freedom of information (FoI) requests in case they damage working relationships or put their funding at risk, university research has shown.

In research published on the fifth anniversary of the introduction of FoI, half of the respondents said concerns over future funding would discourage them from making a request for information from a public authority on which they were dependent.

The Strathclyde University findings, which were greeted with "concern" by Scottish Information Commissioner Kevin Dunion, also found that fears about the harm to working relationships stopped voluntary groups from making appeals if their initial requests were refused. And researchers noted that there was a "positive correlation" between the level of funding an organisation received and worries over submitting FoI requests.

Mr Dunion said: "I am concerned that a substantial proportion of voluntary sector staff think that using their freedom of information rights will harm relations with public authorities, or may even lead to a loss in funding.

"I am sure every public authority will say, 'Of course we wouldn't do that', but that is the perception of many voluntary organisations – that they are self-censoring and not pursuing formal requests or formal appeals for fear that their funding may be affected or that their relationships may deteriorate with a public authority."

Mr Dunion said he was seeking talks with the Scottish Council for Voluntary Organisations (SCVO).

Martin Sime, the chief executive of the SCVO, said the research findings were "worrying but not entirely surprising".

He added: "The growth in the number of public services being delivered by voluntary organisations, and the changing nature of the relationships between local authorities, the Scottish Government and the voluntary sector may explain some of the concerns being voiced in this research.

"However, it's clear that there needs to be greater trust between the parties and assurances that questioning funders won't result in a loss of cash."

Elsewhere, the three-year study also suggested that public authorities in Scotland were failing to make people aware of their legal rights in accessing information.

More than half (55 per cent) of those who had an initial request for information refused reported they were not told of their right to appeal against the decision.

Mr Dunion said: " Scotland has become more open in the five years since freedom of information was introduced. But when authorities refuse to give out information, they often still fail in their legal duty to inform people of their right of appeal."

A Scottish Government spokeswoman said: "This government is committed to the Freedom of Information legislation.

Its website clearly sets out the requirements and how to make requests. We are very clear that all requests should be considered in accordance with the act."

KNOW YOUR RIGHTS

THE Freedom of Information (Scotland) Act came into force on 4 January, 2005 and gives individuals and organisations a right to recorded information held by more than 10,000 public authorities in Scotland.

As well as written files, the legislation can be used to access electronic documents, photographs, databases and audio and video recordings.

Requests should be sent in writing and public bodies must respond within 20 working days either offering the information or explaining why they cannot. Information can be withheld for reasons of commercial confidentiality or if it would breach another person's right to privacy. Requests can also be refused if the information would cost too much for the organisation to compile.

If a request is refused, an appeal can be made to the Scottish Information Commissioner who can force disclosure if he feels the request was dealt with improperly.