Section 8

How to get access to information & records without having to use the

Freedom of Information (FoI) Act

 8.1     What is administrative access and why use it?

It is Cheshire Foundation policy that as much information as possible be made available to the public (which includes current and former service users) without the need for people to make formal requests under the Freedom of Information Act.  This type of informal access to records or information is known as administrative access.

Reasons for using administrative access include:

·        You can discuss your request informally with the local manager and this may result in your request being met without the need to put it in writing.

·        This method may result in a quicker response than having to use the full FoI procedure, as set out in Section 9.

·        This is the most straightforward method for staff to get access to their own personnel records.

Note:  It is important to remember that in giving access to information through administrative access, the Foundation must always have regard to considerations of individual privacy, confidentiality and the public interest.

 8.2     How to make an administrative access request

To make an administrative access request, proceed as follows:

1.      Contact the Manager of the Cheshire Centre who holds the records or information in which you are interested.  This can be done by telephone.  You are also free to make your request to the Foundation’s Freedom of Information Officer.  See Appendix 1 for contact details.

2.      Discuss your request with the Manager or FoI Officer.

3.      Having discussed the request, the Manager or FoI Officer may ask you to put your request in writing.  This is a simple matter which should not unduly delay releasing the records.

4.      If possible, the Manager or FoI Officer will arrange to give you access to the information.  You may be asked to produce evidence of identity – this is to protect individual privacy.

5.      If it is not possible to give you access in this informal way (see subsection 8.3), the Manager or FoI Officer will advise you of your rights to use the Freedom of Information Act and will help you make a formal request under the Act should you wish to do so (see Section 9 of this Guide).

Important:  Using 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.

8.3     Exceptions to administrative access

Administrative access may not be appropriate where sensitive records, third party information or confidential information is involved.  In this type of situation, the Manager or FoI Officer will explain the situation to you.

You will be advised of your rights to make a request under the Freedom of Information Act, 1997 and helped to do so, should you wish.

8.4     Other legal means of getting access to information or records

There are additional legal means of access to records or information held by the Cheshire Foundation.  In general, these cannot be invoked directly by individuals except as part of legal proceedings or through investigative processes undertaken by law enforcement or statutory agencies.

Some examples include:

·        Orders for Discovery issued by a Court,

·        Garda investigations under relevant law,

·        Coroner’s enquiries & inquests,

·        Search warrants executed under relevant legislation,

·        Requests by or investigations undertaken by the Information Commissioner or Ombudsman

·        Requests by or investigations undertaken by an Officer authorised by the Minister for Health and Children.