ICO POSSIBLE CHANGES

Question

Could someone advise what changes are apparently happening  this year  regarding openness and transparency requirements.  Currently my PC for example says that it does not provide background papers with agendas as currently only  guidelines exist and they don't feel inclined to observe them . I understand , however, that some changes are afoot in 2025.  Does anyone know precisely what these changes are and will they make matters more enforceable?.   We have a publication scheme by the way which is ignored by the clerk who states that papers are available on application

Answer 1

https://ico.org.uk/for-organisations/foi/publication-schemes-a-guide/

Comments

RAG please note all the shoulds (not must) regarding publication schemes (part of the FOI act)    You should adopt the scheme and you need not tell the ICO you have done so. The model scheme is appropriate for all public authorities so you should not change it. You should also make sure you publish the information it covers.   I understood that sometime in 2025 the FOI act detailing what is now  recommended   was being changed and the word must becoming more prevalent (also in JPAG guidelines) .  I am trying to establish whether this is fact or rumour.  Currently there is no legal requirement for PCs to make background papers available (S100B applies to principal authorities) and clearly this suits PC who don't wish to have an informed electorate . Will things be changing ?

Answer 2

In Wales, it is a requirement to "reasonably practicable" publish the documents relating to the business to be transacted electronically.

(Sch 12, para 26(2)(aa), Local Government Act 1972)

"26 (1)Meetings of the community council and its committees and sub-committees are to be held at such place, either within or outside the council's area, as the council may direct.

(2)Three clear days at least before a meeting of a community council or, if the meeting is convened at shorter notice, then at the time it is convened —

...

(aa)any documents relating to the business to be transacted at the meeting must be published electronically (in so far as reasonably practicable),"