Free PC-FOI sample questions

Correct answer: It provides guidance on good practice for records management but does not have statutory force.

The Section 46 Code of Practice provides guidance to public authorities on keeping, managing, and destroying records. It outlines good practice but does not have statutory force. Non-compliance itself is not an offence, but poor records management can lead to breaches of the statutory duties within the FOIA. flowchart TD A[FOIA 2000] --> B(Section 45 Code) A --> C(Section 46 Code) B --> D[Handling Requests] C --> E[Records Management] D -.-> F[Good Practice - Non-Statutory] E -.-> F

Correct answer: Section 6 (Publicly-owned companies)

Section 6 of the FOIA defines publicly-owned companies. A company is a publicly-owned company if it is wholly owned by the Crown or by a public authority listed in Schedule 1 (other than a government department). Because the Department for Education is a government department (representing the Crown), a company entirely owned by it falls under Section 6.

Correct answers: Information relating to the recycling services contract held by EcoDisposal on behalf of the council is subject to FOIA.; The journalist must redirect their request to the local borough council rather than EcoDisposal Ltd.

Private companies are not public authorities under FOIA. However, information they hold on behalf of a public authority (such as performance data for a public contract) is considered to be held by the public authority. The request should be directed to the public authority (the council), which will then retrieve the relevant information from the contractor.

Private companies are not public authorities under FOIA. However, information they hold on behalf of a public authority (such as performance data for a public contract) is considered to be held by the public authority. The request should be directed to the public authority (the council), which will then retrieve the relevant information from the contractor.

Correct answer: False

One of the fundamental principles of the FOIA is that requests are applicant-blind. An applicant does not need to provide a reason for wanting the information, and public authorities cannot require them to justify their request before processing it.

Correct answer: The information is 'held' by the department if it relates to the substantive business of the public authority, regardless of where it is stored.

Information held in private email accounts (or on personal devices) by public officials is considered 'held' by the public authority under FOIA if it relates to the official business of the authority. The physical location or ownership of the device does not exclude the substantive information from the scope of the Act.

Correct answer: The authority must provide the information in the requested CSV format if it is reasonably practicable to do so.

Under Section 11 of the FOIA, if an applicant expresses a preference for receiving the information in a specific format (e.g., electronic vs. hard copy, or a specific file type like CSV), the public authority must comply with that preference so far as is reasonably practicable.