Evidence submitted by The National Council
for Voluntary Organisations (NCVO)
1. INTRODUCTION
1.1 NCVO is the largest general membership
body for charities and voluntary organisations in England. Established
in 1919, NCVO represents over 4400 organisations, from large "household
name" charities to small groups involved in all areas of
voluntary and social action at the local level. NCVO champions
voluntary action, our vision is of a society in which people are
inspired to make a positive difference to their communities. A
vibrant voluntary and community sector deserves a strong voice
and the best support. NCVO works to provide that support and voice.
1.2 NCVO welcomes the opportunity to submit evidence
to the Constitutional Affairs Committee inquiry into "The
operation of the Freedom of Information Act: one year on".
Our submission is informed by the findings of a survey undertaken
by NCVO and Ashridge Business School in June 2005, six months
after the Act came into force. This examined voluntary and community
organisations' familiarity with the Freedom of Information Act,
whether they had used it to request information, or if they intended
to do so in future. [58]
1.3 Additionally, our evidence reflects the views
and experiences of NCVO's members more generally. In particular
concerns have been raised that some public bodies have used the
Act inappropriately to increase the regulatory burden on voluntary
and community organisations through the contracting process.
2. INFORMATION
AND ADVOCACY
2.1 For most voluntary and community organisations,
campaigning and advocacy is a core part of their role. [59]Such
activities enable them to further their mission or cause and better
meet the needs of their users and beneficiaries. For these organisations,
the Freedom of Information Act has the potential to be extremely
valuable. This is perhaps most obvious in relation to the large
household name organisations mounting high profile campaigns at
national or even international levels. But it is also true for
smaller community organisations wanting to find out more about
local planning decisions, for example, or plans for the future
use of community facilities: the "right to know", enshrined
in both the Freedom of Information Act 2000 and the related Environmental
Information Regulations 2004, is a potentially powerful tool for
citizens, communities and the organisations that work on their
behalf.
2.2 As advocates for user and community interests,
voluntary and community organisations can help to fulfil the Government's
intention that the Act should enable more people to be involved
in more informed debates about public policy issues. As the Strategy
Unit has argued, voluntary and community organisations are well
placed not only to comment on public policy issues, but also to
engage others in these debates and ensure that a diversity of
views are represented. This is because of their links into local
communities, the diversity of causes they represent, and the fact
that they are relatively more trusted than other sectors. [60]Therefore
the Freedom of Information Act has the potential to assist voluntary
and community organisations to meet both their own aims and those
of Government.
3. SURVEY METHODOLOGY
3.1 In June 2005, NCVO and Ashridge sent
a survey to chief executives of 600 voluntary and community organisations.
The sample was weighted to encourage a balance of responses from
organisations of different size and with different fields of interest.
170 questionnaires were returned, a response rate of around 30%,
from a range of organisations, although smaller organisations
were represented less strongly.
4. FINDINGS:
USING THE
ACT
4.1 NCVO and Ashridge found that the Freedom
of Information Act is already being used extensively by voluntary
and community organisations. In the first five to six months of
the Act's life nearly one in 10 organisations reported that they
had already used the Act. The responses also indicate that the
number of organisations making requests is likely to grow strongly—one
in three organisations said they intend to use the Act to make
requests in future.
Requesting information—from whom?
4.2 Of those organisations that had made
requests prior to the survey, most had sought information from
central government (47%). However, substantial numbers had also
made requests to local government (33%) and other public bodies
(33%). Requests to all three are projected to grow, but requests
to local government are projected to grow particularly sharply:
this is perhaps not surprising as the vast majority of voluntary
and community organisations work at a local level.
Requesting information—about what?
4.3 The survey found that most voluntary
and community organisations are using the Act to find out how
public bodies arrive at decisions: nearly half the organisations
that had made requests wanted more information about how decisions
are made; 72% said they intended to make requests about this in
future. There appears to be a desire to know whose voices are
listened to in the decision-making process, a view confirmed by
interviews conducted to inform the design of the survey.
4.4 Requests relating to statutory funding of
voluntary and community organisations are likely to increase in
future: 69% of those intending to make requests want to know how
applications for funding are decided, and the criteria used to
inform such decisions. This reflects the fact that public funds
are an important source of income for the sector. However, the
survey also suggests that more organisations will be using the
Act to inform their campaigning activities.
Awareness of the Act
4.5 Perhaps unsurprisingly, the survey found
that the more familiar respondents were with the Act the more
likely they were to have used it and to agree that it is easy
to use. However, 29% said they were not at all aware of the Act
and more than half (59%) were unaware of any sources of help and
support in using the Act. This finding is broadly in line with
research published by the Information Commissioners Office. [61]To
rectify this, NCVO has produced a guide to the Act for voluntary
and community organisations.
4.6 We recognise that some public bodies may
be concerned about their ability to respond to a large number
of requests for information. Nevertheless, if the Act is to succeed
in its aim of promoting a culture of openness within government
and improving accountability to citizens, then it is important
that citizens, and organisations acting on their behalf, are aware
of their right to know and how to exercise it. For this reason
we believe Government should be doing more to increase awareness
of the Act and hence access to information, rather than creating
barriers, eg through the imposition of more stringent charges,
as has been suggested.
4.7 NCVO is wholly opposed to any lowering of
the threshold for charging for information supplied under the
Act. Our research shows that the legislation has been a valuable
tool for many voluntary and community organisations, enabling
them to access information on behalf of their users and members.
These organisations would be hardest hit by any charges, as they
cannot afford to pay for the information they require.
5. INFORMATION
ABOUT VOLUNTARY
ORGANISATIONS
5.1 Voluntary and community organisations have
welcomed the Freedom of Information Act and recognise its value.
However, some have expressed concern that it has led to a disproportionate
increase in the amount of information they have been asked to
supply to public sector funders: although the Act does not apply
to VCOs directly, some funders appear to have used it as a reason
to introduce more stringent monitoring and other information requirements.
5.2 Transparency and accountability are key issues
for voluntary and community organisations: greater transparency
enhances public trust and confidence in individual organisations
and in the sector as a whole. For this reason NCVO encourages
voluntary and community organisations to promote public access
to information, both within their own organisation and in collaboration
with other VCOs, and to recognise that accountability to their
stakeholders (including users, supporters, funders and the wider
public) requires them to give a full and honest account of themselves.
5.3 However, because VCOs are independent, self-governing
organisations their relationship with, and accountability to the
public is very different to that between government and citizen.
Whilst transparency is important to both sectors, in a democratic
society there is a stronger obligation on the public sector to
make information available. As the Information Commissioner has
argued: "The principles and rights available under freedom
of information laws provide a powerful reminder that governments
serve the people, not the other way round".[62]
5.4 Where voluntary and community organisations,
or indeed private companies, provide services on behalf of government,
there must be transparency. But there must also be clarity about
the amount and status of information that they are required to
provide. The basis for this should be the Compact Funding and
Procurement Code, which states that: "effective monitoring
focuses on outcomes, is proportionate and should not be burdensome,
and ensures transparency about the use of funds and what they
have achieved".
5.5 There must be a balance between proportionality
and transparency. Public bodies should not be able to use the
contracting process to offload their responsibilities under freedom
of information legislation, but nor should they be able to use
the legislation to place disproportionate monitoring and other
information requirements on those it contracts with.
6. CONCLUSION
6.1 NCVO's work shows that where voluntary and
community organisations are using the Act they are doing so appropriately
and in ways that encourage public bodies to be more accountable.
In other words they are furthering the original aims of the Act.
However, awareness of the Act remains low: we believe this to
be of greater concern than `frivolous' requests for information
and therefore the aim should be to make the Act more accessible,
rather than less. There also needs to be greater clarity about
the implications of the legislation for independent organisations
funded by public bodies to ensure that reporting requirements
are not unduly burdensome.
NCVO Policy Team
February 2006
58 Gitsham, Gribben, and Pratten, 2005, Called
to Account: The impact of the Freedom of Information Act,
Ashridge and NCVO Back
59
Gribben, Robb and Wilding, 2002, The Third Sector: Vision
for the Future Ashridge and NCVO Back
60
Strategy Unit, 2002, Private Action, Public Benefit Cabinet
Office Back
61
Information Commissioners Office, 2005, Annual Track 2005:
Individuals www.ico.gov.uk/documentUploads/Final-report-individuals-6-10-05.pdf Back
62
Information Commissioners Office, 2005, Annual Report Back
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