FOIA Enforcement Notice Action Plan
Why an Action plan is needed
On 12 July 2024, Devon & Cornwall Police were issued with an enforcement notice by the Information Commissioner’s Office (ICO) due to its performance associated with Freedom of Information (FOI) requests. As a result the Force is working closely with the ICO to meet the requirements of this notice, which includes the publication and implementation of an action plan to address the existing backlog.
FOI demand has increased significantly in recent years, and last year saw a 21% annual rise in the number of requests received by Devon & Cornwall – a record year for the Force. This, along with staffing issues throughout 2023, has contributed to a backlog of requests which the FOI team are currently working through.
Additional work is being done to consider wider improvements to the Force’s handling of requests under the FOI Act 200 (FOIA) as a result of the ICO’s audit in November 2023, including: Governance structure; policies and procedures; compliance and assurance; third party arrangements; the use of exemptions, exemptions and redactions; and training and awareness.
Devon & Cornwall Police take this enforcement notice extremely seriously and are committed to working to resolve these issues as soon as possible.
The steps we are going to carry out
1 Clear outstanding requests by 12 January 2025
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Ref |
Action |
Detail |
Responsibility |
Timeframe |
Progress |
|
1.1 |
Dedicated resources for overdue FOI/EIR requests |
Allocate at least one member of the FOI team to dedicate their contracted hours to closing the current list of overdue requests |
Alliance FOI Officer |
12 January 2025 |
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1.2 |
Overtime |
Offer overtime to Alliance FOI Officers and identify others who may be able to provide resilience (e.g., others in similar roles, administrators to support file preparation, colleagues who have previous FOI experience even where it is not their current substantive role). |
Deputy Head of Alliance Information Management |
Request/offer to be made at the start of each calendar month, monitored based on need |
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1.3 |
Contact outstanding requesters |
Contact requesters who have not had a response within 20 working days to apologise and ask if they still require the response – close any which they are happy to withdraw. |
Alliance FOI Manager |
30 August 2024 |
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1.4 |
Create and share list of allocated requests to relevant departments |
Create bespoke lists for each department with outstanding requests to enable greater visibility of these to allow them to address these requests as soon as possible. |
Alliance FOI Manager |
List created by 09 August 2024, updated every two weeks |
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1.5 |
Monitor progress and escalate through senior management |
Monitor progress of overdue requests and report to senior management, highlighting not only the statistics but also any identified sticking points or areas of concern. |
Alliance FOI Manager |
Monthly |
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2 Comply with legal duties under Part 1 of the FOIA to respond to information requests in a timely fashion
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Ref |
Action |
Detail |
Responsibility |
Timeframe |
Progress |
|
2.1 |
Recruitment for additional FOI Officers |
A growth bid for two additional full time and permanent FOI Officers has been agreed, so recruitment is to progress with them as soon as possible. This is in additional to a 12-month part time role which was recently added. |
Alliance FOI Manager |
Growth bid agreed 12 July 2024, with plan to have new FOI Officers in place by end of October 2024 |
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|
2.2 |
Review and fast track training for new FOI Officers, where relevant and possible |
A training and induction plan is in place for new starters, but this will be reviewed and, where possible and appropriate, fast tracked to enable them to support in achieving compliance under the FOIA. |
Alliance FOI Manager |
Ongoing until beginning of January 2025 |
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2.3 |
Reminders about FOI responsibilities |
Key messaging shared with senior managers and relevant staff across the Force about the importance of FOIA compliance, their role, and the need for timeliness. |
Director of Legal, Reputation and Risk |
Initial messaging July 2024, ongoing messaging at regular and necessary intervals |
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3 Respond to outstanding internal review requests.
|
Ref |
Action |
Detail |
Responsibility |
Timeframe |
Progress |
|
3.1 |
Dedicate resources for overdue internal review requests |
Relevant members of staff with the appropriate level of experience and/or training will be identified and asked to undertake outstanding internal reviews to reduce the backlog. |
Deputy Head of Alliance Information Management |
12 January 2024 |
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3.2 |
Identify and close work in progress reviews |
Any internal reviews which have already had work started on them to be finalised and closed without any further delays. |
Alliance FOI Manager |
16 August 2024 |
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|
3.3 |
Contact requesters to identify if they still wish to continue with their reviews |
Contact requesters who have not had a response within 20 working days to apologise and ask if they still require the response – close any reviews that can be closed. |
Alliance FOI Manager |
30 August 2024 |
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4 Meet good practice under section 45 of Code of Practice to respond to internal review requests in a timely fashion.
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Ref |
Action |
Detail |
Responsibility |
Timeframe |
Progress |
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4.1 |
Allocate regular dedicated time |
Dedicated time set aside each week to focus on internal reviews, with a view of ensuring that responses can be sent within 20 working days of requests, and in any case no later than 40 working days. |
Alliance FOI Manager |
Identify schedule by 26 July 2024 |
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4.2 |
Additional training for FOI Officers and Managers across Information Management |
Provide training to FOI Officer and other managers across the Alliance Information Management department to allow them to carry out internal reviews where necessary and appropriate. |
Alliance FOI Manager |
October 2024 |
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5 Identify, understand, and make recommendations for lessons learned.
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Ref |
Action |
Detail |
Responsibility |
Timeframe |
Progress |
|
5.1 |
Enhanced usage of the FOI case management system |
Meet with the FOI case management system developers to identify better ways of using the system to identify delays or blockers in the FOI/EIR/internal review process. |
Alliance FOI Manager |
December 2024 |
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|
5.2 |
Analysis of delays in the FOI/EIR request and internal review process |
Undertake a detailed analysis of the FOI/EIR requests and internal review requests process to identify the main causes of non-compliance. |
Alliance FOI Manager |
December 2024 |
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5.3 |
Share lessons learned and recommendations with senior management |
Provide details of any relevant reviews to the Joint Information Board seeking approval for any recommended actions |
Deputy Head of Alliance Information Management |
January 2025 |
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5.4 |
Ongoing review and visibility of delays |
Continue to report on delays and blockers to compliance, including regular reporting to relevant departments and Joint Information Board to increase visibility and timeliness. |
Alliance FOI Manager / Deputy Head of Alliance Information Management |
Ongoing |
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5.5 |
IAO engagement |
Initial and ongoing engagement with Information Asset Owners (IAOs) to ensure they are aware of the enforcement notice, their responsibilities under FOIA, and any issues/delays within their departments |
Head of Alliance Information Management |
Ongoing |
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