Are you ready to bare all?

Plans to consult on extending the Freedom of Information Act to cover housing associations have got the sector talking. The Government believes greater scrutiny equals more effective organisations. Former NHS communications manager and The Bridge Group’s Associate Account Manager Emma Dudman shares her experience of the Act and suggests how you can get ahead of the game.

Housing minister Grant Shapps has announced the Ministry of Justice will consult on bringing housing associations under the scope of the Freedom of Information Act (FOIa). Currently the Act is applicable to all public bodies so many of us will have had some exposure to the legislation through contracts with local government. Yet many in the sector – backing the National Housing Federation’s line – are resistant to coming fully under the Act. Chiefly because of the perceived cost implications in managing and responding to requests and the thorny issue of whether social landlords should be seen as public entities. The Act is a framework through which any individual can request information classed as in the public interest. Responses must be provided within prescribed timeframes (usually within a maximum of 20 days) and the Information Commissioner’s Office enforces compliance.

During my time in the NHS I’ve dealt with requests which represent good, bad and spurious use of the Act. Undoubtedly some people use FOI when they don’t need to. Despite the attempts of sites such as Whatdotheyknow.com to guide requesters through the process. FOI can become a channel for vexatious complainers, especially as requests can be made using a pseudonym. Some journalists use the Act as a blunt investigative tool, which can lead to time-wasting requests for information which is already publicly available. And the conspiracy theorists and activists love it – submitting often baffling treatises for obscure facts.

But what was good about labouring under the legislation? Firstly, it forces you to analyse your data management. Something all businesses can benefit from. To comply with the Act organisations must create a publication scheme which lists what information they hold and any plans to make it publicly available. The aim of this is to avoid unnecessary requests but it can also be a valuable exercise in determining who in your organisation has what data and why. Secondly, FOI requests can provide insight. Generic press requests from the nationals or trade titles, which had clearly gone to all similar organisations, encouraged us in the NHS to always be aware of how we compared on key issues. The housing sector is better at evaluation than many, but if you don’t already know how you’d fare in a league table on everything from repair times to waiting lists, FOI is another incentive to find out.

Queries about the gender of GPs in our patch highlighted not enough patients knew they could request a male or female doctor depending on their preference. Questions about prescribing helped our patient engagement team identify hot issues around chronic illness and target appropriate research. Indeed, for some hard-to-reach groups the anonymity of an FOI request may be the only way they feel comfortable raising an issue.

Grant Shapps’ argument in favour of the Act’s extension hinges on this potential to empower those who most need access to information. He challenges that the activities of housing associations, as beneficiaries of public investment, should be as transparent as possible.We’d encourage organisations to share their views when the Ministry of Justice begins its consultation on this issue. Find out now what you’d need to do to comply with the Act as part of your business planning. Who would manage a publication scheme and how would you process requests?

The National Housing Federation Code of Governance advocates operating in an accountable manner and most of us would assert that openness with tenants and other partners is already a priority. Yet, being subject to the Act removes an organisation’s ability to set its own comfort zone. If the extension happens it will mean even the most progressive among us in this area will face challenges in finding the capacity to handle requests and to move to a culture where nothing is off limits.


Key things you can do now:
1. Think about how you would deal with queries if the Act is extended? How would you create capacity? Ensure whatever process you’d chose gives your communications staff oversight of responses.
2. Explore creating a publication scheme for your organisation. For most organisations this can be as simple as including on your website what reports, research and facts and figures will be shared publicly and when.
3. Identify your weaknesses. What FOI request do you fear? Take steps to deal with that issue and get your press team to plan crisis management around it now.


If you would like to discuss how your press team could gear up to deal with FOIs or want to improve data management within your organisation email our Head of Communications, Jonathan Goode or call the office on 024 7656 0440.