Trowers & Hamlins

• Freedom of Information Act not to be extended to RSLs and charities

Trowers & Hamlins, the City law firm, welcomes the long awaited publication of the Government’s response to the Freedom of Information Act (FOIA) consultation at the end of last week. 

Trowers & Hamlins says that the Government’s decision that Registered Social Landlords (RSLs) and charities are not going to be made subject to the FOIA is very good news for RSLs and charities.

According to Trowers & Hamlins the original consultation proposed that the Government should extend the scope of public authorities subject to the FOIA to include RSLs, housing associations, charities, private children's homes and private care homes. 

Trowers & Hamlins says that the decision to maintain the independence of RSLs and charities is surprising as it appears to be against the wave of official policy, most recently exemplified by the Court of Appeal's decision in Weaver that RSLs could be subject to judicial review under some circumstances.

Lynn Aglionby, Partner at Trowers & Hamlins, comments: “For now RSLs and charities will not need to incur the financial and administrative burden required by gearing up to become subject to the FOIA.”

“A strong factor in the Government's decision is the economic recession. If the Government had decided to extend the bodies subject to the FOIA to cover RSLs and charities, they would have to have paid for that from budgets that are already spread thin.”

“The Government also published its commitment last summer to reduce the burden of regulation on business by 25%.  There was strong opposition to the consultation made by representative bodies like the CBI.  Gearing up to become public authorities subject to the FOIA is an expensive burden and it seems the Government listened to the messages coming from businesses.”

Lynn Aglionby: “In many cases there is an existing route for those who want access to information from RSLs or charities.  For example, the Government has recognised that information about a contractor, like an RSL, in respect of work undertaken on behalf of a public authority can be requested under the FOIA from the public authority anyway.”

Lynn Aglionby explains that the Government intends to keep this matter under review and public authorities and contractors should try to increase openness and transparency by strictly restricting confidentiality applied to contracts and adopting a high standard of proactive publication.