Democracy Spraffa

FOI Performance Report 2022-23

Perth and Kinross Council · 13 September 2023
Back to Scrutiny and Performance Committee — 13 September 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Some pages contain no extractable text. They may be blank, graphics or scanned pages. OCR has not been applied.

Page 1

PERTH AND KINROSS COUNCIL 
Scrutiny and Performance Committee 
13 September 2023 
FOI PERFORMANCE REPORT 2022-23 
Head of Legal and Governance Services
(Report No. 23/246) 
1. PURPOSE 
1.1 This report describes the Council’s performance in relation to its obligations
under the Freedom of Information (Scotland) Act 2002 (FOISA) and
Environmental Information (Scotland) Regulations 2004 (EIR) for the year
2022-23. 
1.2 The report also provides an overview of some of the Council’s other
information-related activities. 
2. RECOMMENDATIONS 
2.1 It is recommended that the Committee: 
i. Considers the content of this report and provides constructive comment
and feedback.
ii. Notes that performance is improving and is back in line with pre-
pandemic levels.
iii. Notes that the number of requests for review remains a very small
percentage of requests received, indicating good levels of customer
satisfaction in terms of the quality of responses and the effectiveness of
the process. 
3. STRUCTURE OF REPORT 
3.1 This report is structured over the following sections: 
• Section 4: Background/Main Issues 
• Section 5: Proposals 
• Section 6: Conclusion 
• Appendices 
4. BACKGROUND / MAIN ISSUES 
Executive summary 
4.1  The number of requests in 2022-23 increased by 15% from the preceding
year. The period which experienced the biggest increase in numbers was
Quarter 4.

Page 2

4.2  The Council’s target for responding to FOI requests within statutory
timescales is 95%. In 2022-23, 93% of requests were responded to on time.
This represents a 5% improvement in performance on what was achieved
during 2021-22. 
4.3  The number of requests for review represents 2% of the total number of
requests received, which indicates good levels of customer satisfaction in
terms of the quality the Council’s responses and the effectiveness of our
process. 
Performance 
4.4 During 2022-23, the Council received 1573 requests for information under
FOISA. This is an increase of 15% on the number of requests received during
2021-22 and represents a return to pre-pandemic levels. 
4.5  The largest increase was during Quarter 4, when 29% more requests were
received than during the corresponding period in 2021-22. 
Figure 1 – Number of requests for information under FOISA/EIRs 
4.6  Of the 1573 requests received: - 
• 22 were subsequently rejected when no clarification was received from
the requestor; and
• 28 were withdrawn by the applicant. 
4.7 Of the 1573 requests received, 203 were processed under the EIRs. 
4.8 Figure 2 below shows the number of FOISA/EIRs requests received in the
year, broken down by month. 
0
200
400
600
800
1000
1200
1400
1600
1800
No. of  requests
2016-17
2017-18
2018-19
2019-20
2020-21
2021-22
2022-23

Page 3

Figure 2 – Number of requests April 2022 to March 2023 by month 
4.9 Analysing the requests received based on the type of applicant shows the
highest single group making requests are members of the general public. 
During 2022-23, 812 (or 48%) of the requests received were from members of
the public; this represents a decrease of 29% on 2021-22. 
There has been a significant increase in requests received from Elected
Representatives and Interest Groups. 
During 2022-23, 232 (or 14%) of the requests received were from Elected
Representatives; this represents an increase of 77% on 2021-22, when 30
requests were received. 
During 2022-23, 113 (or 7%) of the requests were received from Interest
Groups (groups seeking to influence public policy or promote particular
causes); this represents an increase of 30% from 2021-22, when 34 requests
were received. A breakdown is illustrated at Figure 3 below: 
Figure 3- Summary of type of applicant. 
4.10 In the course of the year, the Council may receive several requests from the
same requestor. During the year 2022-23, requests were made by 1014
requestors. The number of requests is broken down as follows: - 
• 827 requestors each made a single request for information; 
• 177 requestors made 2 to 10 requests for information; and
0
50
100
150
200
Apr May Jun July Aug Sep Oct Nov Dec Jan Feb Mar
No of Requests
No of Requests
0
200
400
600
800
1000
1200
2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-23
Individuals
Media
Legal
Business
Elected Reps
Interest Groups
Other

Page 4

• 10 requestors made more than 10 requests for information, totalling 242
requests. One requestor made 67 requests for information. 
4.11 There was a 198% increase in the number of requests received from the
media during 2022-23 (185 requests) when compared to 2021-22. During
2021-22, an unusually low number of requests from the media were received
(62); this may have been because of a different news agenda during the
Covid 19 pandemic. 
Performance Monitoring 
4.12 The Council’s target for responding to requests within statutory timescales is
95%. During 2022-23, 93% of requests were completed within timescales. 
4.13 While this is lower than the Council’s target, there was a 5% improvement in
performance in comparison to 2021-22. Workload pressures across the
organisation have had an impact on the time taken to collate information to
provide to the Information Rights team for processing and release. 
4.14 Of the 1573 valid requests for information received by the Council during
2022-23: - 
• 688 (44%) requests were satisfied in full (all the information requested
was held by the Council and could be released without redaction of
e.g., personal information)
• 486 (31%) requests were satisfied in part 
• 399 (25%) requests resulted in no information being issued. 
4.15 Where information was not provided to requestors, 15 requests were refused
completely or in part on the grounds of excessive cost. 
4.16 In almost all other cases where no information was issued, this was because
either the Council did not hold the information, it was publicly available, or it
consisted of personal information which cannot be released under Freedom of
Information legislation. 
4.17 A new case management system for recording, processing and reporting on
information requests more efficiently will come into use in August 2023. 
Reviews and Appeals 
4.18 The Council received 31 requests to review its decision (complaints about the
original response to FOI requests received during 2022-23), which represents
2% of the total requests received. A breakdown of the relevant review data is
contained in Figure 4: -

Page 5

Figure 1 – Summary of request for reviews 
4.19 All requests for reviews were responded to within the statutory 20 working
days deadline. 
4.20 During 2022-23, there were two appeals to the Scottish Information
Commissioner following reviews carried out during 2021-22. In both cases,
the applicants withdrew their appeals before a decision was issued by the
Commissioner. There is currently one appeal under investigation by the
Scottish Information Commissioner. 
5. CONCLUSION 
5.1 The number of requests in 2022-23 increased by 15% from the preceding
year. 
5.2 The Council’s performance in responding to information requests within
statutory timescales improved by 5% during 2022-23. 
5.3  The number of requests for review remains a small percentage of the total
number received which would indicate good levels of customer satisfaction in
terms of the quality the Council’s responses and the effectiveness of our
process. 
5.4 The number of appeals to the Office of the Scottish Information Commissioner
remains extremely low. 
Author(s)
Name  Designation Contact Details
Jillian Walker Information Rights Manager/Data
Protection Officer
DPO@pkc.gov.uk 
Approved 
Name Designation Date
Lisa Simpson Head of Legal & Governance
Services
4 August 2023
Karen Donaldson Chief Operating Officer 9 August 2023
0
5
10
15
20
25
30
35
Review requests
Total no. processed
No. processed within
20 working days
Original decision
upheld
Decision overturned
Vexatious or
withdrawn

Page 6

No embedded text on this page.

Page 7

ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement n/a
Corporate Plan n/a
Resource Implications n/a
Financial n/a
Workforce n/a
Asset Management (land, property, IST) n/a
Assessments n/a
Equality Impact Assessment n/a
Strategic Environmental Assessment n/a
Sustainability (community, economic, environmental) n/a
Legal and Governance n/a
Risk n/a
Consultation n/a
Internal n/a
External n/a
Communication n/a
Communications Plan n/a 
1. Strategic Implications 
Not applicable. 
2. Resource Implications 
Not applicable. 
3. Assessments 
• Equality Impact Assessment – not applicable
• Strategic Environmental Assessment – not applicable
• Sustainability – not applicable
• Legal and Governance – not applicable
• Risk – not applicable 
4. Consultation 
Not applicable. 
5. Communication 
Not applicable.

Page 8

2. BACKGROUND PAPERS 
None. 
3. APPENDICES 
None.