19 November 2004
The Audit Commission has quashed speculation that it will include councils' response to freedom of information legislation in Comprehensive Performance Assessments.
The commission is understood to have held preliminary discussions with the information commissioner but will not include FoI in the ratings.
'There is no intention to introduce freedom of information as part of CPA. FoI has already been identified as a risk assessment in our audit work and we see no point in duplicating audit plans,' said Lynda Watts, project manager for ICT projects at the commission.
The potential loss of an excellent or good rating through poor FoI compliance has alarmed some in local government.
Richard Childs, county archivist at West Sussex County Council, told an FoI conference on November 16: 'The idea of the Audit Commission snooping around records management has exercised the minds of the management team.'
Peter Ryder, vice-president of the Society of Information Technology Management, said there was still a 'lack of understanding at senior level' on FoI. 'Future CPA is another reason why it should be taken seriously.'
It looks likely that the Office of the Information Commissioner will monitor performance through its complaints department. It is taking on an extra 40 to 60 staff to handle the expected volume and predicts that exemptions around commercial confidentiality and the formulation of government policy will be two flashpoints.
It is already warning that 'blanket commercial confidentiality' will no longer apply and information on any value-for-money aspect of a contract will be disclosed.
It is also threatening a crackdown on any bodies deliberately sitting on information for the maximum 20 working day limit, and will monitor the number of complaints carefully.
Local authorities are still claiming that lack of funding might impede full compliance and could have an impact on council tax.
Rory Love, chair of the Employers' Organisation, told the FoI conference that the Treasury had made clear that any funding would come in next year's settlement: 'The fear is that funding will come from next year, when the Act kicks in in January.'
Love said it was inevitable that some of the costs would have to be passed on to the taxpayer.
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