Freedom of Information

Freedom of information

This page explains our Freedom of information policy.


Freedom of Information - What is it?

The Freedom of Information Act 2000 (the Act) gives any person legal rights of access to information which is held by a public authority.

Further information on the provisions of the Act including what type of information is exempt can be found on the Ministry of Justice website.

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Who does Freedom of Information apply to?

The Freedom of Information Act 2000 applies to all public bodies including non-departmental public bodies such as the Child Maintenance and Enforcement Commission.

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What are the Access Rights?

Anybody (whether an individual or corporate body such as a private company) can apply to have access to any recorded information held by the Commission. This means that potentially all information held by the Commission can be released no matter in what form it is held e.g. registered paper files; electronic documents; notebooks or miscellaneous collections of paper etc.

The reason for the request, if provided, is not taken into account in deciding whether particular information will be released or withheld. If a reason is not provided we will not ask you why the information is wanted.

The Act also requires that you be told whether the information you want exists or not, but again this is subject to certain exceptions.

You can specify the manner in which you wish to receive the information e.g. a copy, summary or to actually inspect the record. The Commission will attempt to comply with your request.

The Act is fully retrospective. This means that you can ask for any information held by the Commission irrespective of its age. For example, information contained in a document created in 1999 can be requested under the Act even though the Act did not come into force until 1st January 2005.

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How do I make a request for information?

Large amounts of information are already provided routinely by employees handling a child maintenance case. You should, in the first instance, ask these individuals for routine information including leaflets and other documents produced by the Commission, contact details, opening hours or details of services that the Commission provides to the public. If your request cannot be answered through this route you can write to:

Freedom of Information Focal Point
The Child Maintenance and Enforcement Commission
PO Box 61791
London
SW1P 9NT

In your written request you will need to describe the information you require as clearly as possible and you will need to include the following information so we are able to respond to you:

  • your name
  • an address for correspondence (an e-mail address is acceptable)

A reply should be sent to you within 20 working days. If your request is complicated we may need longer. If this is the case we will let you know within the original time period and will give you an estimate of when we can comply with your request.

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Personal Information

It is important to remember that Freedom of Information does not extend to the provision of personal information the Commission might hold about you. Such requests should be made under the provisions of the Data Protection Act 1998. Find out more information about the Commission and the Data Protection Act.

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What happens if the Commission is unable to provide the information requested?

The Commission might not hold the information you have requested, in which case we will tell you within 20 days. Otherwise, the Freedom of Information Act contains a number of exemptions to the right of access to information.

Most exemptions need to be considered in two stages:

  • firstly whether the exemption applies to all or parts of the information requested and, if so,
  • is there a public interest in releasing the information which is greater than withholding it?

This means if the information you have requested is 'exempt', we may still provide it to you.

However, some information is covered by an "absolute" exemption. In these cases it is simply not available to the public. A list of exemptions can be found on the Ministry of Justice website.

If we are unable to process your request a letter will be sent to you explaining which exemption we believe applies to the information you have asked for and why this applies.

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Is that the end of the matter?

No, if you are not happy with our decision you can ask us to review our decision. This review will be done by another member of the Commission staff who was not part of the original decision-making process. This person will be of a more senior grade to the person who originally decided on your request. Your request will be looked at afresh and you will be informed of the reviewer's decision in writing. This may be to support the original decision or may overturn it. Any information that we feel able to provide will accompany our reply.

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Who do I contact to ask for a review?

You should contact the person who wrote to you with the response to your request. That person will ensure that the papers relevant to your request will be passed to the person responsible for the review.

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What if I am still unhappy?

If you are still not satisfied after we have looked at your request again, you can ask the Information Commissioner to look into your request. The Information Commissioner acts independently, is appointed by Her Majesty the Queen and reports directly to Parliament. He is entitled to see all the papers relating to your request and decide whether our decision meets the requirements of the Act. To find out more visit the Information Commissioner's Office website.

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Information Finder

The Commission already publishes the most commonly requested useful information through its website. Please see the 'About Us' and 'Publications' pages for details on what information is regularly published. If the information you require is not available there please use the Information Finder to find information that is not routinely published on the website - for example, internal procedural guidance for staff.

Information finder lists the information available about the following subjects and provides directions to our Freedom of Information Focal Point who will arrange for the information to be provided to you.

Subjects

  • Who we are and what we do - Organisational information, structures, locations and contacts.
  • What we spend and how we spend it - Financial information relating to projected and actual income and expenditure, procurement, contracts and financial audit.
  • What our priorities are and how we are doing - Strategies and plans, performance indicators, audits, inspections and reviews.
  • How we make decisions - Decision making processes and records of decisions.
  • Our policies and procedures - Current written protocols for delivering services and responsibilities
  • Lists and registers
  • The services we offer - Information about the services we currently provide including leaflets, guidance and newsletters produced.

We have used these subject headings because:


Please Note: We are currently in the process of developing the Information Finder, additional information about what we can provide to you and how we can provide it will be available shortly.

In the meantime, if you have any queries about information we routinely provide, our employees handling child maintenance cases may be able to help you. If your request cannot be answered through this route you may write to:

Freedom of Information Focal Point
The Child Maintenance and Enforcement Commission
PO Box 61791
London
SW1P 9NT

Alternatively, please email us at foi.focalpoint@childmaintenance.gsi.gov.uk

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