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Annual Freedom of Information Report Financial Year 2021-22

North Lanarkshire Council · 30 November 2022
Back to Finance and Resources Committee — 30 November 2022 and its agenda

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North Lanarkshire Council
Report
Finance and Resources Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref NM/EH Date 30/11/22 
Annual Freedom of Information Report Financial Year 2021/22 
From  Archie Aitken, Head of Legal and Democratic Solutions  
E-mail aitkena@northlan.gov.uk Telephone 07939 280102 
Executive Summary 
This report provides details of Freedom of Information (FOI) and Environmental Information
(EIR) requests received by the Council during 2021/22 and provides further comparative
and ancillary information. 
Recommendations 
It is recommended that the Finance and Resources Committee review the report. 
The Plan for North Lanarkshire
Priority  Enhance participation, capacity, and empowerment across our
communities
Ambition statement (20) Improve the involvement of communities in the decisions, and
development of services and supports, that affect them

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1. Background 
1.1 The Freedom of Information (Scotland) Act 2002 and the Environmental Information
(Scotland) Regulations 2004, both of which came into force in January 2005, provide
rights to the public to ask for and be provided with recorded information held by public
authorities.  By way of further explanation, the Environmental Information (Scotland)
Regulations 2004, sit alongside the FOI Act and govern access to environmental
information such as planning information, contaminated land, emissions etc.  Once a
request is received, the Council has in most cases, 20 working days to provide the
information asked for, or explain why it cannot be provided.  If the Council does not
respond, or the requester is unhappy with the response, the requester can ask for an
internal review.  If the requester is still dissatisfied following the internal review they can
then appeal to the Scottish Information Commissioner.  This report provides a
breakdown of the requests, internal reviews and appeals to the Scottish Information
Commissioner processed by the Council in 2021/22. 
2. Report 
2.1 In financial year 2021/22 North Lanarkshire Council received 1,412 requests for
information.  This consisted of 1,129 FOI requests and 283 EIR requests. 
2.2 The 2021/22 total of 1,412 requests is a 13% increase on the 2020/21 total of 1,245
and a 8% decrease on the 2019/20 total of 1,536.  As outlined in last year's report, the
Covid pandemic caused a reduction in the typical number of requests received by the
Council in a year.  This year's total indicates that request volumes are returning to the
levels seen before the pandemic. 
2.3 Regarding the source of requests for information, most were recorded as being from
"public and other" which are members of the public and those who have no identifiable
affiliation to a particular organisation, group or company.  43% of requests were
received in this category.  The other significant categories of requesters was
businesses and commercial enterprises (17%), media (12%), elected representatives
(10%) and solicitors (8%).  While this year's figures show an increase in requests
received from the media and decreases in the numbers received from solicitors and
elected representatives, these proportions are broadly similar to those seen in previous
years. 
2.4 25 requests for internal review of the original decision were received in 2021/22.  This
compares with 22 requests for review received in 2020/21 and reflects the increase in
the number of requests received in 2021/22. 
2.5 Of the 25 internal reviews, in 18 of the cases the original decision was either wholly or
partially upheld or deemed compliant.  In 3 cases the original decision was overturned
and received a fresh decision at review.  2 reviews were undertaken because there
was no response to the original request and 2 cases were withdrawn by the requester
during the review process. 
2.6 Following internal review, one case has been appealed by the requester to the Scottish
Information Commissioner.  The Commissioner is still investigating this appeal and the
outcome will be provided in next year's report. 
2.7 Of the 1,412 requests received in 2021/22, 34 were not fully progressed due to factors
such as the clarification required to progress the request not being received or the
requester withdrawing their request.  Of the remaining 1,378 requests that were fully

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progressed, 1,358 requests (98.5%) were responded to within the statutory deadline. 
This compares with a compliance rate of 95.3% in 2020/21 and 97.8% in 2019/20.  The
2021/22 compliance rate broken down by quarter is as follows:- 
Quarter 1 – 98.3%
Quarter 2 – 98.2%
Quarter 3 – 98.6%
Quarter 4 – 99% 
3. Measures of success 
3.1  The Scottish Information Commissioner's self-assessment toolkit for public authorities
on responding to requests on time, considers a response rate to requests of 96-100%
as excellent, 85-95% as good, 80-84% as adequate and less than 80% as
unsatisfactory. 
4. Supporting documentation 
Appendix 1 – total number of requests received under either the Freedom of
Information (Scotland) Act 2002 or the Environmental Information (Scotland)
Regulations 2004, broken down by month. 
Appendix 2 – an indication of the category of applicant. 
Appendix 3 – details of cases submitted for internal review. 
Head of Legal and Democratic Solutions

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5. Impacts ( http://connect/report-template-guidance ) 
5.1 Public Sector Equality Duty and Fairer Scotland Duty
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s website?
https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer-
scotland-duty-impact-assessments
Yes ☐ No ☐
5.2 Financial impact
Does the report contain any financial impacts?
Yes ☐ No ☒
If Yes, have all relevant financial impacts have been discussed and agreed with
Financial Solutions?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts?
Yes ☐ No ☒
If Yes, have all relevant HR impacts have been discussed and agreed with People
and Organisational Development?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)?
Yes ☐ No ☒
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic Solutions?
Yes ☐ No ☐
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?  
Yes ☐ No ☒
If Yes, is the processing of this personal data likely to result in a high risk to the data
subject?
Yes ☐ No ☐
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management, or
connectivity / broadband / Wi-Fi?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact?

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Where the impact identifies a requirement for technology, has an assessment been
carried out (or scheduled) by the Enterprise Architecture Governance Group
(EAGG)? 
Yes ☐ No ☒
5.7 Environmental / Carbon impact
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact
Does the report contain any information that has an impact on the council’s
communications activities?
Yes ☐ No ☒
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact
Is there a risk impact?
Yes ☐ No ☒
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service
or Project Risk Registers), and how they are managed?

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Appendix 1 NORTH  LANARKSHIRE  COUNCIL 
REQUESTS  RECEIVED  UNDER  THE  FREEDOM  OF  INFORMATION  (SCOTLAND)  ACT  2002/ENVIRONMENTAL 
INFORMATION  (SCOTLAND)  REGULATIONS  2004 
Applications Received 2021/2022 Month Ending 31 March 2022 
Apr May Jun Jul Aug Sep Oct Nov Dec
2021
Jan
2022
Feb Mar Total
FOI Requests 71 111 107 96 94 84 100 124 57 85 104 96 1129
EIR Requests 20 27 24 25 26 21 29 42 10 22 17 20 283
TOTAL – 2021/2022 91 138 131 121 120 105 129 166 67 107 121 116 1412 
Applications Received 2005/2006 – 2020/2021 
Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Total
TOTAL – 2020/2021 66 74 117 143 107 108 107 154 90 86 102 91 1245
TOTAL – 2019/2020 146 141 126 150 138 116 127 146 83 138 131 94 1536
TOTAL – 2018/2019 125 109 132 154 133 138 170 143 91 195 125 137 1652
TOTAL – 2017/2018 111 101 122 128 145 92 163 167 79 137 155 134 1534
TOTAL – 2016/2017 119 127 105 128 113 120 110 142 99 148 131 151 1493
TOTAL – 2015/2016 111 94 124 109 102 107 133 127 58 119 135 126 1345
TOTAL – 2014/2015 117 112 93 150 120 91 125 113 93 145 103 126 1388
TOTAL – 2013/2014 86 87 88 125 97 79 91 77 71 159 101 108 1169
TOTAL – 2012/2013 84 96 85 114 86 89 167 113 74 124 105 103 1240
TOTAL – 2011/2012 66 75 100 127 89 96 98 107 79 132 139 118 1226
TOTAL – 2010/2011 66 67 97 102 62 88 223 91 77 107 86 82 1148
TOTAL – 2009/2010 63 65 71 100 69 76 82 89 50 105 74 106 950
TOTAL – 2008/2009 76 65 43 93 43 89 103 67 49 92 75 74 869
TOTAL – 2007/2008  36 34 41 67 61 39 41 43 33 64 83 78 620
TOTAL – 2006/2007 35 77 39 38 41 34 61 57 45 64 58 56 605
TOTAL – 2005/2006 34 34 34 34 88 39 39 42 30 41 85 63 563

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Appendix 2 FREEDOM  OF  INFORMATION  (SCOTLAND)  ACT  2002
ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004 
Requests by type of Requestor  -  2021/2022 
Media Solicitor
(on
behalf
of  
client)
Commercial
/Private
Enterprise
Voluntary /
Campaign
Organisation
Elected
Representative
(MP, MSP,
MEP,
Councillor)
Trade
Union
Academic /
Student
Public
& Other
Total
April 12 5 14 6 1 1 3 49 91
May 13 20 32 10 0 0 2 61 138
June 15 10 12 4 19 2 8 61 131
July 10 11 20 10 11 1 1 57 121
August 10 7 22 5 16 2 3 55 120
September 18 5 12 5 14 1 0 50 105
October 8 17 20 4 26 0 2 52 129
November 22 11 51 6 11 0 2 63 166
Dec – 21 6 4 5 5 6 5 4 32 67
Jan – 22 15 6 22 5 11 1 2 45 107
February 24 8 21 7 14 1 5 41 121
March 16 13 15 12 9 1 3 47 116
Total 169 117 246 79 138 15 35 613 1412

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Requests by type of Requestor  -  2014/2015 – 2020/2021 
Media Solicitor
(on
behalf
of  
client)
Commercial
/Private
Enterprise
Voluntary /
Campaign
Organisation
Elected
Representative
(MP, MSP,
MEP,
Councillor)
Trade
Union
Academic
/ Student
Public
&
Other
Total
2020/2021 119 143 212 62 165 8 19 517 1245 
2019/2020 277 110 278 75 149 29 42 576 1536 
2018/2019 334 137 277 93 147 34 27 603 1652 
2017/2018 260 131 268 86 192 36 25 536 1534 
2016/2017 227 181 223 68 187 24 19 564 1493 
2015/2016 217 193 192 54 168 14 19 488 1345 
2014/2015 264 164 211 56 115 17 28 533 1388

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Appendix 3 
Freedom Of Information (Scotland) Act 2002  
Environmental Information (Scotland) Regulations 2004 
2021/22 - Requests for Review of Original Decision. 
Received Expiry Response Subject Decision 
13/05/2021  11/06/2021  11/06/2021  Council Tax Arrears  Upheld (Partially) 
01/06/2021  29/06/2021  23/06/2021  Registered Deaths  Overturned 
02/06/2021  30/06/2021  30/06/2021  Old Edinburgh Road  Compliant with EIR 
11/06/2021  09/07/2021  07/07/2021  Trees in Kilsyth  Compliant with EIR 
17/06/2021  15/07/2021  Withdrawn  Core paths  Withdrawn 
24/06/2021  22/07/2021  20/07/2021  Mental Health Officers  Upheld (Wholly) 
28/07/2021  26/08/2021  26/08/2021  Certificate of lawfulness  Compliant with EIR 
02/08/2021  30/08/2021  30/08/2021  Millcroft Road  Compliant with EIR 
28/07/2021  26/08/2021  19/08/2021  Planning Applications  Compliant with EIR 
18/08/2021  15/09/2021  30/09/2021  Compulsory Purchase Order  Upheld Wholly 
09/09/2021  07/10/2021  Withdrawn  Municipal Bank  Withdrawn 
09/09/2021  07/10/2021  07/10/2021  Print and Post  Upheld (Partially) 
13/10/2021  10/11/2021  22/11/2021  Library Services  Overturned 
04/11/2021  03/12/2021  03/12/2021  ASNA provision  Overturned

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18/11/2021  17/12/2021  17/12/2021  Shotts Town Centre  Compliant with EIR 
09/12/2021  12/01/2022  05/01/2022  School Guidance Document  Upheld (Wholly) 
22/12/2021  25/01/2022  25/01/2022  Community Renewal Fund  Upheld (Wholly) 
31/12/2021  01/02/2022  01/02/2022  St. Enoch’s Clock  Upheld (Wholly) 
14/01/2022  11/02/2022  26/01/2022  Bullying  1st time decision 
17/01/2022  14/02/2022  14/02/2022  Stepps Primary School  Upheld (Wholly) 
14/03/2022  11/04/2022  11/04/2022  Landlord Register  Upheld (Wholly 
22/03/2022  20/04/2022  20/04/2022  Allotments  Upheld (Wholly) 
07/04/2022  09/05/2022  09/05/2022  Clyde FC  Upheld (Wholly) 
10/04/2022  10/05/2022  10/05/2022  Covid Grants  1st time decision 
17/04/2022  16/05/2022  16/05/2022  Clyde FC  Upheld (Partially)