1. Background

1.1 The Freedom of Information Act 2000 (FOIA) and Environmental Information Regulations 2004 (EIR) place legislative requirements on all public authorities, including town and parish councils.

      The laws established the legal Right to Know; a presumption in favour of public access to information held by public authorities, subject to certain exemptions; and other measures to improve public sector transparency.

1.2 The Council is obliged to provide information:

• Through a publication scheme
• In response to requests made under the general right of      access.

When responding to requests, there are set procedures that the Council needs to follow. These include:

• The time limit public authorities are allowed for responding to requests.
• The fees or amount that public authorities can charge for dealing with requests. Public authorities are not obliged to deal with requests if the costs of finding the information exceed a set amount known as the appropriate limit.
• Public authorities need not comply with vexatious or repeated requests.
  

The Act also recognises that there are valid reasons for withholding information by setting out a number of exemptions from the right to know, some of which are subject to a public interest test.

2. POLICY STATEMENT

As part of a society where information rights and responsibilities are respected by all, Kirkbymoorside Town Council will aim to move away from the need for individual freedom of information requests and complaints towards a culture of routine, proactive and substantially increased transparency on the part of the Council, by:

• Being open and transparent and endeavouring to provide the public with access to the official information we hold, as a matter of course.

• Making people aware of their rights to access the official information we hold

• Making as much routine information as possible available through the Town Council’s Publication Scheme and website.
• Providing reasonable advice and assistance to applicants for information, including pointing applicants to possible sources of the information they seek if it is not held by the Town Council.

3. Dealing with Requests for Information

3.1 Members of the public have a general right of access to information held by Kirkbymoorside Town Council, specifically:

• To be told whether or not the information is held by the Town Council,

and

• If it is, to have the information communicated to them.
  

Note: There are certain exemptions and limitations to this general right, but just because a document is marked “Confidential” does not automatically mean that it is exempt information, although it may be covered by certain exemptions. Each case will be dealt with on its merits.

3.2 Requests for information must be in writing, must give the applicant’s name and return address and must describe the information requested in such a way that we are able to locate it. A written request includes an e-mail. (For environmental information, the request does not have to be in writing.)

3.3 All requests for information will be logged on a separate record sheet.

3.4 Receipt will be acknowledged but if it is possible to respond with the information requested, this will be done instead. If further information is required in order to locate the information requested, this will be undertaken as quickly as possible.

3.5 All correspondence, phone calls, e-mails etc., that follow the original request will be recorded.

3.6 The Town Council has 20 working days in which to deal with a request for information. If it is not clear what information is required, the 20 day period does not begin until clarification is received from the applicant as to exactly what is required. (For environmental information the response period is extended to 40 working days for information that is complex and bulky.)

3.7 A charge will be made for the photocopying of information requested as follows:

• 10p per single A4 size sheet
• Additionally, postage will be charged at cost.
• If the cost of finding, sorting and editing the information requested is more than £450 then, under the FOI Act, the

           Town Council does not have to provide the information.         (Under EIR, environmental information cannot be refused on the grounds of cost)

3.8 Any requests for information that is not contained in the Publication Scheme will be passed to the Town Clerk to deal with under the FOI Act. A certain amount of guidance on dealing with requests is held by the Town Clerk, but it may be necessary that further specific guidance will be required from the Information Commissioner’s office. If a member of staff is unsure as to whether a request for information is routine or not, they will refer to the Town Clerk as certain personal information is covered by the Data Protection Act.

3.9    The applicant will be kept informed at all stages of the process of supplying the information requested, particularly if it is a complex request, when guidance may have to be sought from other agencies.

3.10 If a request is refused, the refusal notice will give the reasons for refusing the request and advise the applicant as to their rights of appeal – both internally by way of a complaint and, following that, by way of an appeal to the Information Commissioner.

4. Appeal Process

4.1 If the information requested cannot be supplied, the reasons for this will be communicated to the applicant immediately. The applicant has the right of appeal against the refusal, initially to the Town Council, but ultimately to the Information Commissioner.

4.2 If the initial appeal is made to the Town Council, it will be dealt with by elected members, in accordance with the Town Council’s Complaints Procedure. If the original decision not to supply the information is upheld by the Town Council, but is still not accepted by the applicant, then the applicant is able to appeal to the Information Commissioner.

4.3 Reasons for refusing information must be in accordance with the respective provisions of the legislation, including consideration of the public interest test where this applies.

5. Relationship with Other Legislation

Public Bodies (Admission to Meetings) Act 1960

The FOI Act does not amend the provision in the 1960 Act which allows local councils to exclude the press and public by resolution if publicity would prejudice the public interest by reason of the confidential nature of the business or for some other reason stated in the resolution.

However, the effect of the FOI Act is that any information held by the council which relates to matters discussed, either in open or private session (e.g. in a report or minutes), may have to be disclosed unless one of the exemptions under the Act applies.

Local Government Act 1972

The provisions of the FOI Act effectively supersede the old exemptions in the Local Government Act 1972 in respect of the access to information rights and for this reason the categories of “exempt information” (Schedule 12A of the 1972 Act) were amended in 2006 to mirror relevant FOI exemptions.

Data Protection Act 1998

The Data Protection Act 1998 (DPA) gives an individual the right to obtain a copy of any personal information held about him/her (subject to access), and imposes responsibilities upon those who collect and process personal information. If someone requests information about himself, this should be handled as a subject access request under the DPA. The exemption in the FOI Act, which relates to information requested by the subject, simply means that the decision whether or not to release the information must be decided in accordance with the provisions of the DPA, and not the FOI Act.

If a person requests personal information about a third party, then the matter should be decided under the FOI Act, but in accordance with the data protection principles set out in the DPA. For example, the authority must consider whether the third party has given consent to release, and if not, whether it would be fair and lawful to release the information.

Environmental Information Regulations 2004

The rules concerning the disclosure of environmental information are now set out in the Environmental Information Regulations 2004 (EIR), which replace Regulations made in 1992. “Environmental Information” is very widely defined in the Regulations which give effect to European Directives. A copy of the full definition is set out below.

The exemptions from disclosure under the EIR are more limited than for other information requests under the FOI Act and all are subject to a public interest test. The Local Government Association has produced an excellent guide to the Environmental Information Regulations and further information may also be obtained from DEFRA’s website.

6. FURTHER INFORMATION

This is a complex area of legislation and nothing within this policy document is intended to excuse the Council from any of its legal obligations. Further guidance on specific points of law regarding FOI and EIR will be sought from the Information Commissioner at:

Helpline: 0303 123 1113  Website: www.ico.gov.uk

Email: via website enquiries

Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

7. REVIEW

This policy will be reviewed every year (or earlier if required by changes to legislation or additional documentation) and amended as necessary based on good practice or evidence taken forward.

Policy first adopted by Kirkbymoorside Town Council on 20^th September 2010

Under the Freedom of Information Act (“the Act”) it is the duty of every public authority to adopt and maintain a publication scheme.

The publication scheme commits a public authority to ‘produce and publish the method by which the specific information will be available so that is can be easily identified and accessed by members of the public’. 

Please click here for the Model Publication Scheme Guide.

KIRKBYMOORSIDE TOWN COUNCIL

COMPLAINTS PROCEDURE

 

1              Types of complaints and procedures for their resolution

i)          Where a complaint is made about a member of the Town Council the complainant will be given the contact details of the Monitoring Officer for North Yorkshire Council from whom advice over the procedure to be followed will be given.

ii)         Where the complaint is about an employee of the Town Council, the matter will be dealt with under the Town Council’s Grievance & Disciplinary Procedure and the complainant advised accordingly.

iii)       Where a complaint is made about Town Council administration and procedures, either the Town Council will itself deal with the complaint or appoint a committee to deal with it. The Committee will be composed of three members including the Town Mayor and Deputy Town Mayor ex officio. Standing Order 1w applies re the committee quorum. The Committee will have full power to deal with the complaint but will report its findings at the next meeting of the Town Council.

The Town Council, prior to deciding whether it is to deal with the complaint or refer it to a committee, will determine the role of the Town Clerk, i.e. are they to represent the position of the council or advise the council or, if appointed, the committee, it being understood that they cannot do both. Should they represent the position of the council and it is decided that advice might be needed, then the Town Mayor, on behalf of the Town Council, will contact an appropriate legal representative.

2              Procedure for dealing with complaints about Town Council administration and procedures

i)          Before the meeting       

a)      The complainant should be asked to put the complaint about the Town Council’s procedures or administration in writing to the Town Clerk.

b)      If the complainant does not wish to put the complaint to the Town Clerk, they will be advised to put it to the Town Mayor.

c)       The Town Clerk shall acknowledge receipt of the complaint and advise the complainant when the matter will be considered, in the first instance by the Town Council who may appoint a committee to deal with it, and referral of the matter to YLCA and any appropriate bodies for guidance.

d)      The complainant shall be invited to attend the relevant meeting and bring with them such representative as they wish.

e)      Seven clear working days prior to the meeting, the complainant shall provide the Town Council with copies of any documentation or other evidence, which they wish to refer to at the meeting. The Town Council shall similarly provide the complainant with copies of any documentation upon which it wishes to rely at the meeting.

ii)             At the Meeting

a)      The Town Council or the committee shall consider whether the circumstances of the meeting warrant the exclusion of the public and the press.

b)      Any decision on a complaint shall be announced at the meeting in public. If a committee deals with the complaint, the committee will report its decision publicly at the next meeting of the Town Council.

c)      Chairman to introduce everyone.

d)      Chairman to explain procedure.

e)      Complainant (or representative) to outline grounds for complaint.

f)       Members to ask any question of the complainant.

g)      If relevant, the Town Clerk to explain the Town Council’s position. A suitable representative of YLCA or appropriate body may be present if appropriate.

h)      Members to ask any question of the Town Clerk.

i)        The Town Clerk and complainant to be offered opportunity of last word (in this order).

j)        The Town Clerk and complainant to be asked to leave the room while Members decide whether or not the grounds for the complaint have been made.  (If a point of clarification is necessary, both parties to be invited back).

k)      The Town Clerk and complainant return to hear decision, or to be advised when decision will be made.

iii)       After the Meeting

a)      The decision confirmed in writing within seven working days together with details of any action to be taken or, if a committee deals with the complaint, the day following the next meeting of the Town Council.

3.                  Procedure for dealing with complaints about a council contractor or, if relevant, the people in their employment or the implementation of a contract.

i)               The Town Clerk to establish the seriousness of the complaint to determine whether to deal with it themselves without reference to the contractor or the contractor needs be involved, or whether the council should deal with it (e.g. failure to cut a section of grass would not be deemed serious but poor work over a number of weeks would).

ii)              Where the issue is deemed to warrant discussion with the contractor the town clerk will ensure that the contractor has the opportunity to respond fully to the complaint and, if it is deemed appropriate, to meet the complainant with the town clerk in attendance. Otherwise the town clerk will contact the complainant and bring the matter to a conclusion.

iii)            Where the issue requires the council’s involvement, the town clerk will draft a report for the council’s consideration and the council itself will determine how to proceed.

 

Contact Information:

Town Clerk, Kirkbymoorside Town Council, Church House, 7 High Market Place, Kirkbymoorside YO62 6AT Tel: 01751 432 217   Email:  This email address is being protected from spambots. You need JavaScript enabled to view it.

Adopted 17 November 2008, Minute 84

Reviewed July 2025

1.   The top priorities for Kirkbymoorside Town Council are:

a) To represent and support citizens in their dealings with larger public authorities, and to press such authorities to meet their obligations to the town and people of Kirkbymoorside. Prime examples of this at present are discussions over plans for new housing development, and the need to campaign for a continuation of library services.

b) To seek and promote schemes that will give benefits to the town and people of Kirkbymoorside. This may involve (usually modest) financial grants, or it may involve using council resources to coordinate activity. An example would be the council taking overall responsibility for the Sports Field, in support of the individual sports clubs. There are many other possibilities. The Town Council also acts as an official consultee on many matters.

c)   To efficiently and economically provide a range of services. Examples include provision of play areas, street lighting, the new Moorside Room and the management of Manor Vale.

2.   In pursuit of these priorities, the council seeks to act so as to promote:

a)  Democratic accountability, so that expenditure of money and effort are directed according to local opinion.

b)  Openness, so that wherever possible the people of the town are fully informed about the council's activities and nothing is kept secret unless absolutely necessary.

c)   Clarity, so that the people of the town can understand what the council is doing and are not swamped with bureaucratic nit picking.

 3.   Subsidiary considerations are:

a) The council must act lawfully taking reasonable and proportionate measures to follow the spirit of legislation.

b) The council must use appropriate financial procedures whilst maintaining easily understood records appropriate to the scale of its activities.

c)   The council must not allow its internal procedures to overwhelm its core purposes, outlined above.

 

Implications of acting efficiently and economically

Kirkbymoorside is a small town with an active council. All such councils face a problem, which stems from the employment of a clerk. Having a clerk is a tremendous advantage, because a good clerk will ensure that the council's policies are put into practical effect and will exercise firm control over costs. There is, though, an employment cost and this can be a sizeable proportion of the total expenditure for a small council.

The current situation is that the larger towns in Ryedale (Pickering, Malton, Norton) have lower Band D equivalent tax charges than Kirkbymoorside, while Helmsley's is significantly higher (based on 2014-15 figures, the latest available). This is to be expected, but the council is mindful of the need to maintain strict control on costs.

Taking this consideration into account and bearing in mind the council's priorities, there is an impact on council members. It is the council's policy that the purely administrative costs of running the council (support for meetings and such like) should be kept under control, and reduced whenever possible. This is a councillor responsibility just as much as it is the clerk's responsibility. The council will consider alternative ways of working if they will reduce administrative costs.

Given these factors, the clerk is authorised to refer requests from individual council members in cases where they would involve significant additional work over and above that necessitated by the council's agreed policies. Reference will be made to the staffing committee for workload aspects or to the whole council for policy aspects of requests.

Councillors should be aware that their requests may be deferred in this way, although this does not in any way affect the right to request an agenda item for a council meeting, or the legal right councillors have to access council documents needed for the pursuit of their duties.

 

Town Clerk Job Description

Job Purpose To manage and administer the decisions and activities of Kirkbymoorside Town Council working with Councillors, members of the public, external bodies and suppliers, acting as designated Proper Officer and Responsible Financial Officer.

Duties & Responsibilities

1. To service meetings of the Town Council and its committees, preparing all agendas, briefing and policy papers, minutes and reports. Timescales are determined by Council policy and legislation.
2. To implement all decisions made by the Council and its committees in accordance with legal requirements and best practice.
3. To carry out research and produce information to assist the Council in the formulation of its policies.
4. To be responsible for overseeing the day-today financial matters of the Council in accordance with established procedures, ensuring all payments and receipts are made and documented fully and correctly, liaising with the Council’s accountants to ensure all financial records are updated and reports produced as necessary.
5. To ensure Councillors and committee members are appraised of information and new developments connected with the work of the Council and its committees.
6. To be responsible for updating the Annual Plan with dates and details of all activities working with Councillors to ensure that all key dates and requirements are met.
7. To maintain an awareness of local and national government policies and developments advising the Council as necessary to ensure it remains abreast of key changes.
8. To advise the Council on applicable local government legislation to the best of their ability.
9. To deal with all correspondence with the Council bringing such matters to the attention of the Chair, Chair of Committees, Council and Committee Members as required.
10. To ensure that at all times a high level of service is delivered to members of the public and Councillors in the exercise of their duties.
11. To administer the town cemetery allocating plots in accordance with legal requirements and issuing certificates, correspondence and invoices ensuring that the bereaved are at all times dealt with in a sensitive and supportive manner.
12. To receive all planning applications and ensure effective discharge of the Council’s planning function in accordance with policy.
13. To develop and maintain effective press and public relations on behalf of the Council.
14. To ensure a safe working environment for any staff, Councillors, members of the public and others affected by the work of the Council. Periodically review Health & Safety Policy in line with legislative and local requirements.
15. To produce or update Risk Assessments on occasions as necessary covering any activities delivered by the Council.
16. To draft documents tendering for Council services as necessary, placing them before Council for approval and managing tender processes in a timely, fair and effective manner. To verify that work carried out under tender arrangements is being delivered in accordance with agreed specifications.
17. To deal with routine maintenance requirements in respect of property within the Council’s area of responsibility, producing specifications for work, placing orders, monitoring and checking the quality of work and administering payments.
18. Kirkbymoorside Sportsfiel, New Road, Kirkbymoorside YO62 6AT
    1. management of the accounts and licences associated with the sportsfield
    2. apportionment of utility bills to each sports club in accordance with usage
19. The Moorside Room, 9 Church Street, Kirkbymoorside YO62 6AZ
    
    1. responsible for the management of the Moorside Room
    2. management of utilities
    3. manage key holders
    4. room bookings and accounts
20. Any other appropriate tasks relating to Town Council responsibilities, which from time to time may be required.