Simply put, this is new policy.
Except it’s new policy that’s entirely contained within the IBN.
In what world is it more sensible to publish 11 pages of policy in an IBN?
Why not… just publish the policy properly (and a 2 page IBN announcing the policy change and rationale)?
Why have we been using an unpublished policy for a year?
Using and refusing to disclose it when asked because it’s in draft.
But you are using it?
So this is the policy they’ve been using, but claimed didn’t exist when asked to provide it via FOI….
Standard.
This.
Having just read it, I am 90% sure they have completely incorrectly applied the exemption there. A section 35 exemption only applies to central government departments. I cannot see how we fall into that category. Further, if it is a live policy, as this IBN has now confirmed, then section 35 also cannot apply.
FOIA does not define ‘government policy’. Section 35(5) states that it includes the policy of the Executive Committee of the Northern Ireland Assembly and the policy of the Welsh Government, but does not provide any further guidance.
The Modernising Government White Paper (March 1999) provided a useful description of policymaking as: “the process by which governments translate their political vision into programmes and action to deliver ‘outcomes’, desired changes in the real world”. In general terms, government policy can therefore be seen as a government plan to achieve a particular outcome or change in the real world. It can include both high-level objectives and more detailed proposals on how to achieve those objectives.
“We treat all individuals with professional courtesy, dignity and respect and expect to be treated the same in return.”
I didn’t realise that the RAFAC was into comedy now…
This could not be further from the truth.
This was the one I saw:
So there they have failed to disclose that the actual policy being worked to is that of ACP 25 draft. So that’s 2 FOIs that are at best badly put together, or at worst specifically misleading.
Let’s not pretend we’re surprised by this…
Wait, no, it gets worse.
The internal review on the one you linked states:
I can also advise that ACP25 which will include safeguarding policy is currently in development and due to be published later this year, however it was determined out of scope of your request because it is not currently being “used” and will remain out of use until it is formally published.
That’s a straight up lie. The IBN says this draft system has been “routinely applied since August 2023”
I do wonder what on earth is going on in MOD Legal. The haphazard way RAFAC “publishes” important policy documents these days would have me and my colleagues tearing out our hair in any of my old departments.
If that is accurate (looks a good call), that is a very easy “review” win.
MOD is a central government department.
