What about information not covered by the Scheme?
Information currently publicly available
Although the London Borough of Richmond upon Thames (LBRuT) aims over time to include in the Scheme all information that it makes publicly available, there may be some information that is not covered by the Scheme. However, this information will still be available outside of the Scheme, through the usual, existing channels.
Information that you have another legal right to request
This Scheme and the Freedom of Information Act (FOIA) do not limit in any way other legal rights that the public has to access information held or published by LBRuT. The public is already entitled to access some information from LBRuT under existing legislation. Examples of this legislation include:
- The Local Government Act 1972;
- The Local Government Act 2000;
- The Audit Commission Act 1998;
- The Accounts and Audit Regulations 1996; and
- The Environmental Information Regulations 1992.
LBRuT’s aim is to cover in the Scheme as much information as possible that is also required to be made publicly available under other legislation. However, if the information is not set out in this Scheme, you will need to request the information from the appropriate department under the relevant piece of legislation.
Also, requests for personal information that the Council holds about you are not governed by this Scheme or the FOIA, but instead remain governed by the Data Protection Act 1998.
Freedom of Information Act – general rights of access
The FOIA general rights of access to recorded information held by public authorities have been in effect since January 2005. This means that a member of the public is entitled to request information held by LBRuT. Upon receiving this request LBRuT will be required to:
- Inform you whether the information you have requested exists; and
- Provide you with the information (subject to the categories of exempt information set out in the FOIA).
Although this general right of access is different to the obligation on LBRuT to publish this Scheme, they are inter-related. In practice this means that if you have searched the Publication Scheme and cannot find what you are looking for, you can make a request for the information under the FOIA. Conversely, if you request information under the FOIA that is covered by the Publication Scheme, LBRuT will refer you to the Scheme for you to access the information as set out in the Scheme.