Section 2

Getting information about Cheshire Foundation services

2.1   Routine and administrative access to information

The Cheshire Foundation is happy to give the public access to as much information as possible without the need for people to use the formal approach under the Freedom of Information Act. There are two ways in which we do this:

1  Routine access:  The Foundation publishes a range of general information on its services. This information is available as follows:

Brochures on the services provided through individual Cheshire Centres are available from any of the Cheshire locations shown in Appendix 1.

General information on Cheshire Foundation services is also available on the internet at the following location: www.cheshire-foundation.ie.

A copy of the Handbook of Care, which sets out the Cheshire Foundation’s ethos and operating principles, can be had from any of the Cheshire locations listed in Appendix 1.

2  Administrative access:  Information is also available through what’s known as administrative access.  To use this approach, simply contact the appropriate manager stating the information or records in which you are interested.  The manager will help you as much as possible in meeting your request.  In certain circumstances, the manager may advise you that your request is best dealt with through the Freedom of Information Act, in which case he/she will help you make the necessary request.  You can also contact the Foundation’s Freedom of Information Officer

Full details on the procedure to follow in making administrative access requests are contained in Section 8 of this Information Guide.

Important:  Using routine or administrative access does not in any way limit your legal rights under the Freedom of Information Act.  You are free, at any time, to make a formal information request under the Act – see Section 9 of this Information Guide for details.

2.2   Formal ways to get information – Outline of the Freedom of Information (FoI) Act

Background to the FoI Act:  The Freedom of Information (FoI) Act became law in 1997. The FoI Act asserts the rights of members of the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.

The Act was implemented in Government Departments and Offices as from 21 April 1998.  Health Boards and local authorities came within the Act as from 21 October 1998, with voluntary hospitals and voluntary agencies within the learning disability field being included as from 21 October 1999.

Extension of the Act - 21 October 2000:  By ministerial regulation, the following voluntary organisations within the physical and sensory disability field come within the scope of the FoI Act as from 21 October 2000:

Cheshire Foundation in Ireland

Enable Ireland (formerly Cerebral Palsy Ireland)

The Irish Wheelchair Association

Multiple Sclerosis Ireland

The National Association for Deaf People

The National Council for the Blind of Ireland.

In practice, this means that, as from 21 October 2000, the Cheshire Foundation is subject to the FoI Act in exactly the same way as any established public body, such as a Government Department or a Health Board.

Rights conferred under the FoI Act:  Subject to the limited & specific exemptions under the Act, the public now has a general right of access to records held by the Foundation.  In practice, this means that the public (including existing and former staff and service users) has legal rights to:

See all records held by the Foundation (Section 6.1).

Have personal information amended if it is incorrect, incomplete or misleading (Section 17).

Be given reasons for decisions affecting them (Section 18).

Definition of a record:  The FoI Act uses a very wide definition of “record”:

A “record” includes any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Act 1988) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form, or any of the foregoing or is a combination of two or more of the foregoing.  (Section 2.1)

Definition of Personal Information: Personal information is defined in Section 2.1 as:

Information about an identifiable individual that

(a)  would, in the ordinary course of events, be known only to the individual or members of the family, or friends, of the individual, or

(b)  is held by a public body on the understanding that it would be treated as confidential.

A number of examples of information falling within this definition are listed in the Act.  These include, among others,:

Information relating to the educational, medical, psychiatric or psychological history of the individual

Information relating to the financial affairs of the individual

Information relating to the employment or employment history of the individual

Information relating to the religion, age, sexual orientation or marital status of the individual

Views or opinions of another person about the individual.

Types of records covered:  Records covered by the FoI Act include (Section 6.4 & 6.5):

All records created after 21 April 1998.

All records containing personal information irrespective of when created,

All personnel records created after 21 April 1995, or earlier records if these are to be used adversely against a staff member,

All records pre-21 April 1998 where these are necessary to understand later records.

Exemptions under the Act:  The Act provides for exemption from access in respect of certain records. These include:

Personal information (access only being allowed to the individual concerned – Section 28).  Section 28 also provides for restrictions on disclosure of personal information to an individual where such information relates to the medical, psychiatric or social work history of the individual and could cause harm to the person’s physical or mental well-being.

Law enforcement & public safety records (Section 23)

Information obtained in confidence (Section 26)

Commercially sensitive information (Section 27)

Requirement to assist:  The Foundation is required under the Act to give reasonable assistance to any person seeking a record (Section 6.2).  In practice, this means that Cheshire Foundation staff will act in the spirit of the legislation in promoting access rather than seeking to use the letter of the law to restrict access.

Making a request & time limits:  Under the Act, requests must be made to the head of the public body (Section 7.1).  In the case of the Foundation, this is the Chief Executive Officer.

Strict time limits apply to the processing of requests.  In general, decisions on access must be made within 4 weeks of a request being made (Section 8.1).

Procedures for operating the Act:  Section 4 empowers the CEO to delegate certain functions under the Act.  Under this section, the CEO has delegated the decision-making function to the Foundation’s Freedom of Information Officer.

Review of decisions & appeal rights:  Section 14 gives the public a right to have decisions reviewed internally by the CEO (or a delegated person).

Section 34 provides for appeal to the independent Information Commissioner.

Publication of information:  The Act requires the Foundation to publish two documents for use by the public:

Section 15 requires publication of a document giving details of its structures and the services provided. Also, details of the types of records held and the arrangements in place to facilitate access to records under the FoI Act, together with details of review and appeal procedures.

Section 16 requires publication of a document giving details of the rules, procedures, practices, guidelines and precedents used in administering the Foundation’s services.

Note:  This Information Guide is intended to meet fully the Foundation’s obligations under Section 15.  As soon as resources from statutory sources permit, the list shown in Part C will be expanded and developed into the publication specified in Section 16 of the Act.

Detailed FoI procedures:  Please refer to Section 9 of this Information Guide for details of the Foundation’s FoI procedures.

2.3 Summary of policies, guidelines etc., used by the Cheshire Foundation in providing services

The Cheshire Foundation uses a range of policies, procedures and other types of guidelines in delivering its services.  These are summarised below.

Cheshire Foundation - Constitution

Cheshire Foundation – Handbook of Care

Cheshire Foundation – Safety Statement

Cheshire Foundation – HR policies & procedures

Cheshire Foundation – FoI policies & procedures

Cheshire Foundation – Policy statement on choice & independence

Note:  Due to severe resource constraints in the past, not all desired policies, procedures, etc. are fully written-up in the appropriate format.  Others require revision and updating. On an ongoing basis, and as resources from statutory sources allow, the Foundation is actively working to write-up all necessary policies and procedures.  Arrangements for regular review and updating of policies, etc. are also being put in place.

Up-to-date list of policies, guidelines, etc.: Over the course of the 3-year life of this Information Guide, various policies and procedures will be created, updated and revised.  At any time, members of the public (including current and former service users and staff) are welcome to contact the Foundation’s Freedom of Information Officer for an up-to-date list of then-current policies, procedures, guidelines, etc.  See contact details in Appendix 1.