Anyone with experience of FOI or DPA issues?

[uggerthebugger]

I'm looking at starting up a complaint against the council where I used to live. One of the services that the council delivers has been acting unlawfully on a repeated basis; I have direct experience of this, as do many other people who still live in that area.

Some professionals working for the council have indicated to me that senior management working within this specific service have been incentivised to act unlawfully. These professionals have said that these managers have been given targets to meet - and that given funding constraints on the service, these targets can only be met through unlawful behaviour. These targets are apparently linked to individual appraisal and performance bonus arrangements.

The professionals were speaking informally, off-the-record, and they don't want to blow the whistle (turkeys voting for Xmas etc) - they won't be coming forward, and if pressed will deny ever having told me this.

I can't verify what they've told me. I'd like to be able to. The best way to do it, imo, is to get hold of the specific appraisal targets and performance bonus arrangments that these managers have been given.

Is this information that I would be able to get hold of with an FOI request, or does it count as personal data, meaning that it could be withheld under the Data Protection Act?

I'm not interested in any personal detail on these managers at all. What I am interested in knowing is whether the council is providing its managers with incentives and rewards to act unlawfully.

Any guidance at all would be welcome - I've done a fair few FOI requests before, but on much more straightforward things.

Well you might as well give it a pop. They may well refuse on the grounds you mention up obv you can use the appeal process and ultimately get the commissioner's office to decide.

There's nothing to stop you putting it like this (or similar, depending on the specifics obviously)

'Please provide details of any bonuses or incentives offered to council staff (without specifically identifying them) for providing xxx service. What written targets did they have to achieve to be eligible for these bonuses'. You can also ask for any internal audit reports into the subject. That's how I've managed to get around refusals before.

Also, if you get no joy, it might be worth going to the local paper with your suspicions.

Thanks Tracy, I'll try Route One and see what happens

Does the council have a fraud department? They should have one for housing benefits, tenancy fraud etc but hopefully they might look at internal fraud too.
The other option might be to get a sympathetic councillor on side.

It is FOIA (not DPA). In responding to your FOIA request they will need to blank out personal details to protect individuals' rights under DPA. It is not too hard lawfully to refuse an FOIA request but do press them on it. I think they have 40 days to respond. Look at their website which will probably give you their FOIA policy and how to apply. There are rights to refuse FOIA requests on some grounds such as confidentiality and commercial interests and various other things. The ICO website has loads of guidance on these exceptions as does that of the Ministry of Justice.