Innovative Uses of the Freedom of Information Act (2000) for Research

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Innovative Uses of the Freedom of Information Act
(2000) for Research
A report update for the Research Information Network conducted by Andrew
Booth, Reader in Evidence Based Information Practice, School of Health and
Related Research, University of Sheffield.
Background
The Freedom of Information Act 2000 (FOIA 2000) came fully into force on 1
January 2005. In 2007, monitored central government bodies received a total of
32,978 non-routine FOI and EIR requests in 2007 – a 2% reduction on 2006. Requests
were almost evenly split between Departments of State and other monitored
bodies. The total percentage of requests that received a substantive response inside
the 20 working-day limit was 84%, while 7% of requests were subject to a Public
Interest Test extension. The proportion of resolvable requests that were granted in
full in 2007 was 63%. One or more exemptions were applied to 6,715 requests in
2007. The most commonly applied exemptions were under sections 30
(“investigations and proceedings conducted by public authorities”), 40 (“relating to
personal information”), and 41 (“information provided in confidence”), however, the
profile of exemption usage differed between Departments of State and other
monitored bodies. 222 appeals were made to the Information Commissioner’s
Office (ICO) relating to the refusal of information requests by monitored bodies in
2007 – a reduction on the 384 made in 2006. Annual report on freedom of
information in central government: 2007
(http://www.justice.gov.uk/about/docs/foi-report-2007-final-web(1).pdf )
How many requests for research purposes are we talking about?
Figures for the mid-1980s for Australia (3%) and Canada (6%) show academics
making relatively little use of freedom of information legislation (Hazell, 1989, cited
in Lee, 2005). A request to the FBI under the Freedom of Information Act revealed
that 4.6% of requests were from scholars and historians compared with news media
(3.3%) and freelance writers and authors (2.6%) Since 1995 the volume of requests
from scholars and historians in the U.S. has declined to around 1%. In the UK the
nearest source of baseline data is information about requests made for information
under the open government code of practice which preceded introduction of the
Freedom of Information Act. Figures must be treated with caution. The definition of
a request is rather restricted and has not always been applied consistently by
particular government departments. In 2002, only 5% of 5,212 requests for
information under the Code of Practice on Access to Government Information were
from academics (Department for Constitutional Affairs, 2003).
Lee (2005) provides some illustrative examples of how FOIA legislation might be
used for research. However he provides the following caveat:
“What follows is a frankly speculative attempt to identify a number of areas
where being able to obtain access to official information might create
opportunities for social researchers in the United Kingdom. The aim is to
sensitize researchers to possibilities provided by freedom of information
legislation. There is no intention to provide an exhaustive catalogue of
potential uses. Rather the examples given are meant to stimulate
researchers to think more creatively about potential sources of data in a
range of areas”.
Examples given by Lee fall under the following categories:
 The Secret State
 Social Science and Government
 Science, Expertise and Regulation (e.g. Committee on Safety in Medicines)
 The Social Construction of Social Problems
 The Public Sector
 Ethnography
Aim
The aim of this desk-based research is to identify published examples of research
conducted using the provisions of the FOIA 2000 Act. This version of the document
(April 2009) updates the first version (from November 2007)
Sources Used
In conducting this desk research the investigator interrogated Scirus, Scopus,
Google Scholar, Copernic Professional Agent, Index to Theses and Web of
Knowledge.
Inclusion criteria
For inclusion a study had to report data being requested under the Freedom of
Information Act (2000) for the purpose of research, typically but not exclusively by a
member of the UK academic community.
Analysis
Due to time constraints analysis was primarily based upon the abstracts of retrieved
articles. However reference was made to full-text where available. Data was
extracted on the domain of interest, the objective and findings of the study
(particularly any difficulties in using the FOIA processes), the source of the data and
identifiable data on authors, institution and bibliographic source.
Conclusion
A steady growth in researchers’ use of the Freedom of Information Act (2000) is
identifiable from the peer-reviewed journal literature with both new applications
and extensions of previous applications. Continuing issues:
1. Immaturity of this particular route to data – experience in pursuing
information under the FOIA (2000) remains limited. There is perhaps a need
for greater publicity for successful contribution of data obtained under the
FOIA to research endeavours.
2. Methodological concerns – concerns relating to the agencies supplying
information, particular appeals going to Information Commissioner, and
their roles in acting as filters for requested information.
3. Procedural ignorance – it may be that few researchers are aware of the
procedures by which FOIA information may be obtained.
4. Inadequate reporting of methodology – Many items identified tend to
make FOIA data a feature of their methodology. Other items may report use
of data in an Acknowledgement or Footnote or not mention this route at all.
Increasing availability of electronic dissertations and theses is facilitating
identification of relevant items.
Another potential route to examining the usefulness of FOIA data would be to
analyse data requests received from reports on government department Web sites
(e.g. Department of Health). While the majority of these requests are likely to have
come from individuals an experienced researcher might be able to assess the
potential contribution of these to research investigations and analyses.
Research
Domain
Brief Description of Research
Data Source
Methodology
Author
[Institution]
Reference
Access to
Private
Households
Aim to examine “powers of entry” by which
government agencies achieve access to
private households
Used Freedom of
Information Act to ask
Her Majesty’s Revenue
and Customs for
statistics on use of Writ
of Assistance.
Requested figures on number of
times during last full year on which
an officer holding a Writ of
Assistance had exercised his right
to effect entry by force without
obtaining a magistrates’ warrant.
HMRC wrote: Unfortunately,
HMRC does not routinely record
the number of times that the power
[…] is used, and consequently
does not hold the information in the
form that you requested. HMRC did
divulge results of “statistical
exercise” from 2004/05, which
showed that during that year, entry
had been effected under a Writ of
Assistance on 102 occasions, with
75% “success rate”, although no
details given on definition of
“success”.
HMRC pointed out that 102
searches of private property
without a JP’s supervision was
lower than found by previous
“statistical exercise” (1978/9), when
537 searches under Writ were
counted.
Further request under Freedom of
Information Act revealed number of
Writs of Assistance in force has
Harry Snook
Crossing the Threshold: 266
ways the State can enter
your home
Centre For Policy Studies, 57
Tufton Street, London SW1P
3QL April 2007
Centre for Policy
Studies, London
http://www.warmwell.com/cro
ssing_the_threshold[1].pdf
Climate
Change
Clinical
Recordings
Wei-Chyung Wang is respected researcher in
global warming studies. Formally alleged that
he committed fraud in some of his research,
including research cited by Fourth
Assessment Report of IPCC (2007) on “urban
heat islands” (a critical issue). Allegation is
reviewed, and implications explicated.
Research data
University of East
Anglia
CHERRI PROJECT (Common Healthcare
Educational Recordings Reusability
Infrastructure - Practice, Interoperability and
Ethics) funded by JISC (Joint Information
Systems Committee to investigate and advise
on the use of clinical photographs, x-rays,
images, videos and audio recordings etc for
non-clinical academic purposes such as
teaching and training, research, and
Guidelines, protocols
and consent forms
grown rapidly over last two years.
Collaborator, Jones is professor at
a public university in U.K.
(University of East Anglia). In early
2007, McIntyre and Keenan
separately filed formal requests for
data under U.K. Freedom of
Information Act. University initially
refused to release data. Keenan
then drafted letter to U.K.
Information Commissioner’s Office,
alleging that university was in
violation of statute, and sent draft
to the university, asking them to let
Keenan know if they believed letter
was inaccurate. Data then
released. Obtaining data only
possible because Jones is in U.K.
(In U.S.A., data for publicly-funded
research does not have to be
disclosed). Available at
http://www.cru.uea.ac.uk/cru/data/j
onesetal1990/ .
Wrote to all Caldicott Guardians
with requests for information and
feedback involving two specific
types of information:
a) Any guidelines, protocols and
consent forms that guide staff
members when acquiring clinical
images and recordings (and
associated consent) for non-clinical
Douglas J.
Keenan
The Limehouse
Cut, London E14
6N, UK;
doug.keenan@in
formath.org
Rachel Ellaway,
Helen Cameron
and Michael
Ross
with contributions
from Graeme
Laurie, Margaret
Maxwell and
Rebekah Pratt
The Fraud Allegation Against
Some Climatic Research Of
Wei-Chyung Wang
http://www.informath.org/pub
s/EnE07a.pdf
Clinical Recordings for
Academic Non-clinical
Settings (CHERRI Project
Report)
academic publishing.
Clinical
Trials
Crime Data
In March, 2006, six healthy volunteers in a
first-in-man trial of monoclonal antibody
TGN1412 developed multiorgan failure,
necessitating intensive care.
Access initially denied. On appeal it became
clear that although Medicines and Healthcare
products Regulatory Agency (MHRA) had
databases on phase I studies and on
suspected unexpected serious adverse
reactions, these databases could not be
connected to retrieve relevant information.
MHRA then compiled data manually. In 30
months preceding October, 2006, TGN1412
study was only one of 17 first-in-man studies
of biologicals in healthy volunteers in which
serious adverse events occurred.
To establish whether crime rates predict
outcomes from a parenting intervention, the
Webster-Stratton Incredible Years (IY) BASIC
Parenting Programme, delivered in 11 Sure
Start areas across north and mid-Wales.
Parent participation in the programme
demonstrated significant improvements in
both child and parent behaviour.
Databases on Phase I
studies held by UK
MHRA.
Crime data provided
under FOIA 2000 by
North Wales Police,
West Mercia Police,
Dyfed-Powys Police.
academic purposes
b) Guidelines, protocols and forms
that guide staff members on how to
store, track and use clinical
recordings for non-clinical
academic purposes
Royal Statistical Society lodged
FOIA request for up-to-date
accurate information on designs
and serious adverse events in
previous phase I studies,
particularly first-in-man studies in
healthy volunteers.
Reports on analysis of effect of
community crime levels on
outcome. Regression analyses
showed that crime rates were not
predictive of outcome: the BASIC
programme is effective in areas
with both higher and lower crime
levels.
Joris Hemelaar
Magdalen
College, Oxford
University,
Oxford OX1 4AU,
UK
Judy Hutchings,
Tracey Bywater,
Claire Davies
& Chris Whitaker
Comment: Minimising risk in
first-in-man trials The Lancet
Volume 369, Issue 9572, 5
May 2007-11 May 2007,
1496-1497
Do crime rates predict the
outcome of parenting
programmes for parents of
‘high-risk’ preschool
children? Educational & Child
Psychology 23 (2)
Devolution of
Government
Elections
Main aim is to develop explanatory model for
creation, operation, impact and
transformation of CPSC in the UK as a
resource for the PM or FM post devolution
and to explain differences or similarities of
approach found across UK.
Elections held during May 2007 in England
and Scotland for first time allowed accredited
observers access to polling stations and
counts. Provided opportunity for detailed
scrutiny of use of e-voting and e-counting
equipment in elections. Inadequate time
available during procurement process for
cross-party consensus to be built around
English e-voting trials or for systems to be
fully tested. Design errors meant a very large
number of Scottish ballots were spoiled, while
problems with ballot papers required large
number of votes to be counted manually.
Votes initially missed due to over-wide Excel
spreadsheet changed result in Highlands and
Islands and handed control of Scottish
Parliament from Labour party to
Much documentation
publicly available via
governmental websites.
Other material, (e.g.
extracts from
government intranets,
obtained at interviews.
Freedom of Information
Act 2000 and Freedom
of Information
(Scotland) Act 2002 led
to public release of
documentation
previously considered
confidential
Assesses use of evoting technologies
using observations from
10 constituencies and
data obtained using
Freedom of Information
Act requests, interviews
with officials,
candidates and
parties and reports on
previous trials.
Researcher able to obtain internal
document previously refused when
subsequently became subject of
FOI request (not by researcher).
Audrey Mary
MacDougall
University of
Edinburgh.
Strategic capacity in post
devolution government in the
UK: A comparative analysis
of the lifecycle of central
strategy units (PhD)
University of Edinburgh,
2006
http://www.era.lib.ed.ac.uk/bit
stream/1842/1744/3/
MacDougall+AM+thesis+07.
pdf
Not stated
Jason Kitcat and
Ian Brown
Parliamentary Affairs
Advance Access published
online on March 5, 2008.
Parliamentary Affairs,
doi:10.1093/pa/gsn003
Observing the English and
Scottish 2007 e-elections
Food
Hygiene
Food
Hygiene
Scottish National Party.
To obtain information on hygiene standards
of food premises using FOI Act 2000.
5/8 LAs provided full information. Most
supplied a risk grading for the premises.
Reports ranged from completed
comprehensive inspection protocols with full
post-inspection letters to a hand written,
barely legible report that failed to adequately
differentiate between legal requirements and
recommendations. Without training in food
law and food hygiene it is difficult for most
consumers to interpret reports. Case study
increases confidence that LAs are complying
with FOI Act.
To find out how easy it is to access
information on hygiene standards of eating
places open to the public.
Relatively easy to obtain information from 2
LAs. Difficult if not impossible with others.
One LA refused to release information
despite intervention of FOI Commissioner.
Quality of information released was variable.
Ranged from completed comprehensive
inspection protocol to hand-written, illegible,
incomplete report that failed to adequately
differentiate between requirements and
recommendations. Without training it would
be difficult to interpret reports. No evidence of
inspection scoring. Case study raises
Hygiene inspection
reports from 8 LAs in
South Wales
LAs asked to provide most recent
food hygiene inspection of a
named food premise. Disclosed
reports assessed to see whether
they conformed to the Food
Standards Agency (FSA) Food Law
Code of Practice and how useful
they would be to the consumer
seeking information on hygiene
standards of a food premise
Denise Worsfold
Hygiene inspection
reports from 4 LAs in
South Wales
Using FOIA (2000), four LAs asked
to provide the last food hygiene
report of an eating place in their
area. Disclosed reports assessed
to determine how useful they would
be to an individual seeking more
information on a food premise.
Denise Worsfold
[University of
Wales, Institute
Cardiff, Cardiff,
United Kingdom]
Food Research
and Consultancy
Unit, University
of Wales,
Institute Cardiff,
Western Avenue,
Cardiff CF5 2YB,
United Kingdom
The Freedom of Information
Act and hygiene inspection
reports. British Food Journal
108, (11), 2006, 904-915
Freedom of information: A
case study. Journal of The
Royal Society for the
Promotion of Health Volume
126, Issue 5, September
2006, Pages 228-232
Food
Hygiene
concerns about effectiveness of FOI Act for
consumers who wish to obtain information
about hygiene standards of food premises.
Inspection reports may be useful to
businesses but not helpful for lay public.
Consumers must exercise patience and
tenacity if they want this information.
Concerns about consistency of inspection
process and willingness of some LAs to be
transparent about inspection and
enforcement.
To determine utility to consumers of hygiene
disclosure schemes for eating places.
Survey revealed schemes differed in
interpretation of scores, extent of information
disclosed, communication channels used to
disclose information and amount of publicity
provided for businesses and public. Majority
of schemes provide certificates which
businesses are encouraged to display
prominently. Hygiene inspection information
is posted on web sites of all local authorities.
Number of schemes in study was limited. A
comprehensive evaluation of current UK
“Scores on Doors” schemes should take into
account large number and variability of
schemes, making feasibility questionable.
Such schemes will only be successful if
public are fully aware of them and schemes
are well respected. They will have to be well
publicised, to operate in an open, transparent
manner and be consistent and fair. Although
Not Stated
Sample of hygiene disclosure
schemes operated by local
authorities in the UK examined for
features that might be expected to
influence consumer awareness and
behaviour.
Denise Worsfold,
Philip Mark
Worsfold.
Food Research
and Consultancy
Unit, University
of Wales,
Institute Cardiff,
Western Avenue,
Cardiff CF5 2YB,
United Kingdom
“Scores on Doors”: hygiene
disclosure schemes for
consumers Nutrition & Food
Science 2008 38 (1): 22 - 31
Health
services
contracting
schemes have some common features,
considerable lack of consistency, particularly
in representation of scores as symbols.
Volume of alternative types of provider in
primary care remains small and the use of
APMS contracts limited.
Health
services
financing
To determine extent to which differences in
funding and contract status affect quality in
primary care.
Health
Services
Quality
Contract status has an impact on practice
funding. Quality and Outcomes Framework
(QOF) scores also vary according to contract
status. Funding and contract status are
important factors in determining achievement
in the QOF.
To determine whether larger general
practices produce a higher volume and
greater diversity of enhanced services.
Health Trust
Board
Meetings
To differentiate between English NHS trust
board meetings according to percentage of
clinical content and to explore which
characteristics of board meetings might
PCTs in England
Kings Fund sent self-completion
questionnaire to all Primary Care
Trusts in England under FOIA
2000.
Nicola Walsh
Practice data on income
and contract status from
164 practices from six
primary care trusts in
England were collated.
Cross-sectional observational
study using practice data obtained
under FOIA 2000. Outcome
measure was QOF score for the
year 2004-2005. All data were
analysed statistically.
Morgan, C.L,
Beerstecher, H.J.
Practice data for 384
practices in 14 English
primary care trusts
Practice data for 384 practices in
14 English primary care trusts
collated for enhanced services,
practice size, and deprivation.
Diversity and volume of enhanced
services used as dependent
variables in multiple regression
models to ascertain effect of
practice size, and any relationship
with deprivation.
Methods: Definition of scoring
system for clinical content. Scoring
of minutes for a random sample of
60 trusts. Qualitative analysis of a
All trusts are required to
make the minutes of
board meetings
available to the public
[Canterbury
Road Surgery,
111 Canterbury
Road,
Sittingbourne,
Kent ME10 4JA,
United Kingdom]
Morgan, C.L,
Beerstecher, H.J.
[Canterbury
Road Surgery,
111 Canterbury
Road,
Sittingbourne,
Kent ME10 4JA,
United Kingdom]
Watkins, Mary,
Jones, Ray;
Lindsey, Laura;
Sheaff, Rod
So where are the alternative
providers in primary care?
British Journal of Healthcare
Management, 13(2) 2007, 43
- 46
Primary care funding,
contract status, and
outcomes: An observational
study British Journal of
General Practice 56 (532),
November 2006, 825-829
Practice size and service
provision in primary care: an
observational study. Br J
Gen Pract. 2009
Mar;59(560):e71-7
The clinical content of NHS
trust board meetings: an
initial exploration. Journal of
Nursing Management.
Hospital
Chaplaincy
explain this. Results: Clinical content varied
from 2% to 30%. Boards with more clinical
focus tended to link other issues including
finance to clinical issues; have non-executive
directors able to question board executives
openly; make less use of acronyms in
minutes; had more liaison with social
services; and accepted questions from the
public. Counting items in board minutes has
prima facie validity as a means of defining
how clinically focussed board meetings are,
although more research is required to refine
method. Analysing board minutes may
provide one way of assessing board culture.
Research revealed major cuts to chaplaincy
provision in nearly a quarter of NHS Trusts in
England.
(Freedom of Information
Act 2000).
sub-sample, generated hypotheses
about factors leading to higher
percentage of clinical items was
undertaken; testing of hypotheses
in a longitudinal sample of minutes
from 24 trusts over 1 year.
Theos issued
questionnaires to NHS
Trusts in England under
terms of the Freedom of
information Act (2000).
85.7% of Trusts
responded. 14.3% of
Trusts failed to do so.
Research shows that since 2005
chaplaincy care has been cut by
54,127 hours (p/a). Trusts also
reported reductions to chaplaincy
provision (average 19 hours per
week). Only two Trusts reported
increase in chaplaincy hours. One
major Trust has cut chaplaincy by
over 50%. Research finds that 23%
of Trusts report a cut to their
chaplaincy budget and indicates
that, even where Trusts report an
increase in their budget as a
proportion of Trust spending, they
have made cuts in real terms.
Report gives first indication of
extent of cuts. Up until now no
comprehensive data on this.
16(6):707-715, September
2008.
Director of
Theos, Paul
Woolley
Public theology
think tank Theos
Monday, October 8, 2007,
6:55 (BST) Christian Today
http://www.christiantoday.co
m/article/new.research.reveal
s.drastic.cuts.in.hospital.chap
laincy/13751.htm
Illegal Drug
Use
Manpower
Medical
Manpower
To examine UK Policy in relation to Illegal
Drug Use
Department of Health
Archive, Nelson,
Lancashire: papers
released under
Freedom of Information
Act, 2000)
Government does not collect
information on chaplaincy in NHS.
Not specified
Alex Mold and
Virginia Berridge
Examines Manpower's efforts to gain access
as a genuine employer to the state
employment exchange network to advertise
their temporary vacancies.
UK National Archives.
Additional files (from
Manpower?) requested
and obtained through
the provisions of the
Freedom of Information
Act 2000
Not specified
London School
of Hygiene and
Tropical
Medicine,
University of
London
Chris Forde,
To examine selection processes of
deaneries, use of scoring systems and
Postgraduate deaneries
Post-graduate deaneries providing
Higher Surgical Training in
Senior lecturer in
Industrial
Relations, Centre
for Employment
Relations
Innovation and
Change, Leeds
University
Business School,
Maurice
Keyworth
Building, Leeds
University,
Leeds, LS2 9JT.
UK. E-mail:
cjf@lubs.leeds.a
c.uk
Owens, D.,
Pandey, A.,
Crisis and Opportunity in
Drug Policy: Changing the
Direction of British Drug
Services in the 1980s Journal of Policy History 19:1
(2007) 29-48
Enterprise and Society 2008
9(2):337-365.
"You know we are not an
Employment Agency":
Manpower, Government, and
the Development of the
Temporary Help Industry in
Britain
Scoring systems, the
Freedom of Information Act
freedom of this information.
Plagiarism
Deaneries responded at different levels.
5(28%) responded following email, 8 (44%)
following telephone and 4 (22%) following
letter. 1 (6%) deanery refused to supply
information requested stating information was
protected under clause 40 of FOIA 2000;
personal data protected under the Data
Protection Act. Many deaneries appear
unaware of, or have not appreciated potential
for prospective candidates using FOIA to
request information about details of their
selection.
Analyses academic regulations from Scottish
universities where law is taught. Also draws
on plagiarism statistics gained under
Freedom of Information (Scotland) Act 2002
from same institutions. Argues that
coordination of HE sector in context of
plagiarism should go beyond that already
established in the provision of electronic
detection tools and the dissemination of good
practice via JISCPAS and QAA.
Standardising academic policy and
procedural regulations, albeit not an easy
process, would help to ensure quality
expected by students, employers and the
public in general.
Freedom of Information
(Scotland) Act 2002
used to gain access to
recorded instances of
plagiarism. Information
requests sent to ten
universities across
Scotland in early
February 2006 and for
most part responses
sent within required
statutory time limits.
Otolaryngology identified via Joint
committee of higher surgical
training (JCHST) website. Each
deanery was contacted with
request for their selection process
and scoring system.
Tomkinson, A.
Felt to be efficient way of quickly
gathering data although may place
extra pressure on academic
colleagues to comply in short
space of time. Method has been
employed by The Times Higher
Education Supplement (Tysome
2005) to produce information on
institutions and levels of plagiarism.
One institution sought to restrain
further dissemination of their
figures by including copyright
notice in their letter. As figures
were compiled to meet specific
response to third party request, it is
arguable whether a copyright is
created in this instance. Such a
constraint runs counter to spirit of
Martin Jones
[Department of
Otolaryngology,
University
Hospital of
Wales, Heath
Park, Cardiff,
UK.]
School of Law
and Social
Sciences,
Glasgow
Caledonian
University,
Cowcaddens
Road, Glasgow,
G4 0BA, UK.
Email:
m.jones@gcal.ac
.uk
and selection to higher
surgical training posts in
Otolaryngology 2007 Clinical
Otolaryngology 32 (2), 148150
Plagiarism Proceedings in
Higher Education – Quality
Assured?
http://www.jiscpas.ac.uk/doc
uments/papers/2006Papers1
2.pdf
Public Health To track effect of war on civilian population of
Iraq.
policy
Response from Ministry of Defence: “There
is, no centrally held breakdown of those
medically evacuated into combat and noncombat injuries, nor of injuries which did not
Ministry of Defence
medical records
freedom of information. Analysis of
returns without identifying
individual institutions. Clear from
speed of some responses that
information had already been
collated and was readily available.
Others indicated that recording of
plagiarism breaches was not
mandatory or register only
maintained for more serious
instances. Different approaches
have impact when attempting to
compare data returned from
institutions. One institution
indicated that because of small
number of students involved, exact
numbers for each year were
withheld to prevent identification of
individuals. Request for total
numbers of undergraduate/
postgraduate students (All
subjects/Law) found to have
breached university regulations
relating to plagiarism in years
2002-2003, 2003-2004, 2004-2005.
FOIA enquiry submitted in January, Andrew Seal
2005.
[Centre for
International
Child Health,
Institute of Child
Health, London
Correspondence: UK
statistical indifference to
military casualties in Iraq.
The Lancet 367 (9520), 29
April 2006-5 May 2006,
1393-1394
Road Safety
Road Safety
require medical evacuation, but which were
treated in theatre.” Reason given for not
compiling or making available data for
analysis was that cost would exceed £600 fee
specified under section 12 of FOIA.
Extracting and summarising data would
require a lot of work.
Looks at impact of existing and future
measures across a selection of road types,
including motorways, trunk roads and urban
roads.
Upgrading of stretch of A77, major road in
South West Scotland to Highway status has
resulted in significant reduction in incidence
of serious and fatal road traffic accidents on
major international route. Notwithstanding
pain and suffering prevented, annual
economic savings amount to over £6.1
Million. The Highway, with effective central
reservation barrier, will pay for itself in 17
years and will continue to prevent serious
injury and save lives.
WC1N 1EH, UK]
Department for
Transport, Freedom Of
Information Act 2000 –
Request F0002453
Not stated
Under Freedom of
Information (Scotland)
Act 2002, request made
to Strathclyde Police
Force to supply details
of all RTAs on preupgrade A77 for the
calendar year 2003.
Details of all RTAs on
same upgraded M77
section for 1st May
2005–30th April 2006
were made available.
Data provided detailing date,
location and severity of accidents
in addition to demographic data
about drivers involved. Data then
used and cross-referenced with
Emergency Department
admissions at Crosshouse
Hospital, Kilmarnock, Scotland,
hospital that serves this stretch of
road. This allowed review of
hospital records for any casualties
who attended hospital after RTA.
Data analysed to establish
Jones, J.
Technology to reduce road
casualties. Paper appears in:
IET, United
Road Transport Information
Kingdom;
and Control - RTIC 2008 and
ITS United Kingdom
Members' Conference, IET
Publication Date: 20-22 May
2008. On page(s): 1-6.
Manchester, UK, ISSN:
0537-9989 ISBN: 978-086341-920-1. Published:
2008-07-15
Evan O.T. Crane, The M77 Highway: Saving
Angelica
lives and money Injury 39
Augustine and
(9), September 2008, Pages
Gavin R. Tait.
1071-1074
Department of
Orthopaedic
Surgery,
Crosshouse
Hospital,
Kilmarnock KA2
0BE, UK
Road Signage Explores controversial nature of current
policies on the use of minority language
place-names on official signage in Norway,
Scotland and in Italy.
Schools –
Private
Finance
Initiative
Literature on value for money (VFM)
evaluation of private finance initiative (PFI)
contracts has concentrated on financial
methodology of constructing the public sector
comparator (PSC) and its limitations. In
contrast, this paper focuses on examining
how ‘PFI bids’ are actually evaluated for VFM
in the case of three secondary school PFI
contracts. It is a unique study which presents
the Northern Ireland school PFI decisionmaking processes, within the broader UK
context. It is based on the full business cases
of three PFI schools and interviews with key
actors involved in the PFI processes. Study
shows that methodology used to evaluate
and benchmark the design, facilities
management, financial and contractual
aspects of PFI bids for VFM is subjective and
problematic-changes in assumptions used
Scottish Executive
Request for full
business cases of three
secondary schools
made to respective
local education
authority under
Freedom of Information
Act 2000.
difference in number and severity
of RTAs in two time periods.
Annual traffic flow derived from
traffic surveys.
Confidential report, literature
review prepared for the Scottish
Executive by Pat Baguley and
Bryan Cooper of TRL Limited,
together with other Scottish
Executive documents, released to
Wilson McLeod (Student’s
supervisor) under Freedom of
Information (Scotland) Act 2002.
Data from secondary sources from
full business cases (FBCs) and
from press releases published on
respective government
departments’ websites. All three
local education authorities advised
they would need to consult with
private sector contractors and
obtain legal advice, and would
require extension beyond 20 days
limit provided by Act to respond to
information request on grounds
that information contained in FBCs
was confidential. FBCs eventually
released. Amount of information
disclosed varied across three
schools. PFI bids evaluation
section in final business case for
school 2 completely redacted by
Guy Puzey
University of
Edinburgh
Iqbal Khadaroo
School of
Management
and Economics,
Queen's
University
Belfast, Northern
Ireland BT7 1NN,
UK
Planning the Linguistic
Landscape: A Comparative
Survey of the Use of Minority
Languages in the Road
Signage of Norway, Scotland
and Italy (MSc by Research
Scandinavian Studies (II),
University of Edinburgh
2007)
The actual evaluation of
school PFI bids for value for
money in the UK public
sector . Critical Perspectives
on Accounting 19 (8),
December 2008, 1321-1345
may easily shift balance in favour of
conventional procurement and/or competing
private sector service providers.
Surgical
Performance
Data
Urban
Information and Statistics Division of Scottish
Executive (ISD) collect data for each patient
episode, but there is concern about the
reliability of this information compared with
that collected in local surgical departmental
audit. Aim: To determine if diagnostic and
operative details were consistent between
local audited and national non-audited data
sets. Significant discrepancies in surgical
data between the local audit databases and
central data. Significant duplication of entries
and inaccurate consultant allocation in ISD
data.
From 1 January 2005,
Freedom of Information
Act states: “a person
who requests
information from a
public authority which
holds it, is entitled to be
given it by the authority'
with response within 20
working days”.
Information must be
provided or reason for
exemption stated.
Information on mortality
for individual surgeons
considered exempt until
Scottish Information
Commissioner decided
this should be released.
Explores rhetoric and reality of regeneration.
Dundee Council
LEA which quoted clauses of
Section 41 (information provided in
confidence) and Section 43
(information likely to prejudice a
party's commercial interest)
exempting ‘commercially sensitive
information’. No information
redacted from FBCs of school 1
and school 3.
Three surgical units comprising
eight consultants were studied.
Epidemiological, diagnostic and
operative data for each consultant
were accessed from the eScrips
Internet resource (ISD Data) and
from the departmental database. A
unique patient number and date of
birth matched individual patient
episodes and the correlation
between datasets graded for
accuracy and consistency.
Uses detailed surveys carried out
J. A. Milburn, C.
P. Driver, G. G.
Youngson, P. M.
King, E.
MacAulay, & Z.
H. Krukowski.
Correspondence:
Mr C Driver,
Consultant
Paediatric
Surgeon, Royal
Aberdeen,
Children's
Hospital,
Forresterhill,
Aberdeen, AB25
2XN Tel: +44
(0)1224 559925
Email:
chris.driver@nhs
.net
Sarah Glynn
The accuracy of clinical data:
A comparison between
central and local data
collection. The Surgeon
October 2007 Vol 5 No 5.
Sarah.Glynn@ed.ac.uk Soft
Regeneration
Looks at wider issues through examination of
ongoing changes in Dundee, using participant
action research and critical analysis of
government documents and of previous
policy- related research. These are combined
to show how public debate is being
dominated by a political spin that allows
gentrifying policies to be portrayed as logical
and progressive development.
by tenants in affected multis, and
analysis of council documents. A
vital source of information was
report on Financial Viability Study
by DTZ Pieda used by the council
as the basis for its housing
strategy. (DTZ Pieda 2005)
Tenants initially denied access to
report. Only allowed to see it after
appeal to Scottish Information
Commissioner under Freedom of
Information Act. Grounds for
Council’s refusal were that
methodology used by consultants
was commercially valuable, so
disclosure would harm their
commercial interests.
Institute of
Geography,
University of
Edinburgh
Selling Gentrification? –
2008. Article to be published
in Urban Research and
Practice, issue number 2
http://www.geos.ed.ac.uk/ho
mes/sglynn/Gentrificationapri
l2008.pdf
Other uses of the Freedom of Information Act (2000) that may
be amenable to research
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Academic requested report of study about the National Health Service
university (NHSu) chaired by Sir William Wells.
http://www.dh.gov.uk/en/Publicationsandstatistics/Freedomofinformationp
ublicationschemefeedback/FOIreleases/DH_073921
On 16th March 2005, Guardian published selected hospital outcome data
using new rights granted by the FOIA 2000. Keogh B (2007)Toward Public
Disclosure of Surgical Results: Experience of Cardiac Surgery in the United
Kingdom. Thoracic Surgery Clinics, 17 (3): 403-411.
Survey conducted by Times Higher Education Supplement under FOIA 2000
showed that across 104 institutions there were 6796 formal complaints and
appeals in 2003, rising to 8682 in 2004 (when £300,000 was paid out in
refunds and compensation by these institutions). Baty P and Wainwright T
(2005) Complaint culture grows on campus THES [19 August].
Retired practitioner requested copies of practice leaflets and details of any
voluntary agencies with which named general practices had contracts.
BBC’s Panorama used FOIA 2000 information for an investigation of
selective serotonin reuptake inhibitors (SSRIs). Collier J (2007) Inside big
pharma's box of tricks BMJ 2007; 334:209 (27 January)
Department of Health refused to divulge details of commissioners within
Strategic Health Authorities, responsible for 35 conditions, including Cystic
Fibrosis, previously commissioned at regional level, saying it was ‘a private
matter’. Patient groups challenged this under FOIA 2000 and contact details
were made available. Barnes R. Commissioning of cystic fibrosis services in
England. J R Soc Med 2006; 99 (Suppl. 46):36–45.
Minutes of civil service meetings obtained by the Guardian (Sep 28 2006, p 1)
under FOIA 2000 show that senior executives from 10 drug companies met
ministers to criticise the National Institute for Health and Clinical Excellence
(NICE). Jack A (2006) Drug companies' lobbying of ministers has little effect
on NICE BMJ 333: 719 (7 October).
Pharmacologist Professor Colquhoun is using FOIA 2000 to investigate what
universities that offer homoeopathy actually teach. Spurgeon D (2007) UK
universities offer degrees in "pseudoscience," Nature article says.
BMJ 2007;334:659 (31 March)
NHS Lothian has been ordered under Freedom of Information legislation to
release the contract it signed with a private consortium to build and maintain
the £184m Edinburgh Royal Infirmary. Christie B (2007). Health authority
forced to publish private contract for hospital build. BMJ 2007;335:906907 (3 November).
On their Web site Guardian asks: “Have you obtained any interesting official
documents through freedom of information? We are interested to see them.
Contact our reporters Rob Evans on 020-7239 9706 and David Hencke on
020-7219 6769, or via email at foi@guardian.co.uk or by post at: The
Guardian, 119 Farringdon Road, London EC1R 3ER.”.
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A significant decision is Common Services Agency versus Scottish
Information Commissioner. A request was made to access information on
childhood leukaemia in a particular ward in Scotland. Request was made
under the Freedom of Information (Scotland) Act 2002 (FOISA). Request
rejected on basis that, even if anonymised, number of incidents of leukaemia
was so low that it would be possible, in combination with other information,
to identify individuals who were suffering from leukaemia. Possible solution
is to use the statistical method of “barnardisation”, which involves
manipulation of numbers so that overall figures are accurate but individual
cells are each changed so not possible to identify individuals. In this case
the House of Lords noted that there is no presumption in favour of the
release of personal data in response to the general obligation under
FOISA (Cumbley & Church 2008).
The Constitution Unit, based in Department of Political Science at University
College London, has been awarded research grant jointly funded by
Economic and Social Research Council and Ministry of Justice to evaluate the
impact of the UK's Freedom of Information (FOI) Act 2000 on central
government. Findings from study will help to clarify costs and benefits of the
Freedom of Information (FOI) Act 2000, especially as they relate to
government transparency and accountability, public understanding, public
participation in politics, and the quality of government decision-making.
Questionnaire Survey for requesters of Freedom of Information (FOI) Act
2000. Contact Ben Worthy (b.worthy@ucl.ac.uk or 020 7679 4974).
Other useful references
Cumbley, R and Church, P (2008). Case note article: What is personal data? The
House of Lords identifies the issues – Common Services Agency v Scottish
Information Commissioner [2008] UKHL 47 Computer Law & Security Report 24
(6): 565-567
Freedom of Information (Scotland) Blog (http://www.foisa.blogspot.com/)
Hunt, M (2006) Debate: Freedom of Information—Initial Success but Some Way
to Go? Public Money and Management 26 (4), 199–202
Lee, R.M (2005). The UK freedom of information act and social research
International Journal of Social Research Methodology: Theory and Practice 8 (1):
1-18
[Social Research Methods, Department of Social Science, Royal Holloway University of
London, Egham, Surrey TW20 0EX, UK]
Describes provisions of UK Freedom of Information Act, 2000. Looks at how freedom of information
legislation has been used by researchers in other countries (particularly United States), and, finally,
assesses possible uses that social scientists in the United Kingdom might make of the Freedom of
Information Act, 2000, following full implementation in January 2005.
Shepherd, E (2006).Why are records in the public sector organizational assets?
Records Management Journal, 16 (1): 6-12
Focuses on high profile public enquiries as a trigger for examining the value of records in answering
questions of public interest and reports on recent research into FOI and records and comments on
broad legislative and regulatory framework for records management. Brings together thinking about
organizational value of records in theoretical terms with specific high profile examples of public
enquiries and recent legislation.
Shepherd, E.S. Ennion, E.E (2007). How has the implementation of the UK
Freedom of Information Act 2000 affected archives and records management
services? Records Management Journal 17, (1): 32-51
Considers impact of first six months of the Freedom of Information Act on archives and records
management services in UK public services. Undertook interviews with four case study organisations:
University College London, the Metropolitan Police, Peterborough City Council and Soham Village
College. Using the Department for Constitutional Affairs Model Action Plan, the researchers
examined leadership and policy, training and awareness, information and records management,
customers and stakeholders and systems and procedures. Research showed that the case study
organisations coped well with the requests they received in the first six months of 2005. However,
systems would not have been robust enough had request levels been higher.
Turle, M (2007) Freedom of information and the public interest test. Computer
Law and Security Report 23 (2): 167-176.
UK Freedom of Information Blog (www.foia.org.uk ).
News and developments on Freedom of Information in the UK. This blog is run by the Campaign for
Freedom of Information. It was established in May 2003 by Steve Wood, who ran it until the end of
February 2007 when he took up the post of Assistant Commissioner at the Information
Commissioner's Office.
What Do They Know
http://www.whatdotheyknow.com/
Site reporting success of FOI requests to different agencies
Andrew Booth, Director of Information, School of Health and Related Research (ScHARR),
University of Sheffield, 29/04/2009
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