An information watchdog has ordered emergency planners in Kent and two government departments to review advice issued to councils in Kent on how to refuse Freedom of Information requests about Brexit contingency plans.

The intervention by the Information Commissioner's Office resulted from Kent Online’s exclusive revelation that the Kent Resilience Forum, which is co-ordinating the county’s emergency plan for Brexit, had told councils ways they could refuse FOI requests.

A leaked report by the forum revealed it had offered suggestions on how to invoke exemptions in the law to reject FOI requests, based on advice it had received from DEeXU (Department for Exiting the European Union) and the ministry for local government.

The Kent Resilience Forum report containing guidance from the Department for Exiting the EU(7391801)

Now the Information Commissioner’s Office (ICO) has written to both government departments requesting they revisit and re-issue new guidance to local resilience forums on how to handle Freedom of Information Act (FOIA) requests related to the UK’s exit from the European Union.

Manston Airport.Lorries lined up and leaving for Dover.Picture: Paul Amos. (7391806)

The ICO said it had intervened as a direct result of our report which disclosed details of the advice, saying it was very concerned.

Gill Bull, director of Freedom of Information at the ICO wrote to both government departments.

In a letter, she said: “I am very concerned that the guidance in question appears to strongly suggest that all information requests related to ‘no deal’ planning should be withheld. As you are aware, advocating a blanket approach to responding to FOIA requests, regardless of the detail of those requests, is wrong in law and gives us concerns about compliance with the Freedom of Information Act.”

The leaked report gave detailed advice on ways to keep emergency plans under wraps - and in some circumstances even refuse to say whether it held any information.

In a section headed “How to respond to Brexit-related FOI Requests” the report said Local Resilience Forums or individual partner organisations that receive FOI requests should respond by saying disclosure would not be in the public interest as it “would undermine the effective conduct of public affairs.”

Where requests were about specific details about plans on a particular subject or relevant to an area, the authority should refuse to even confirm or deny if it held information.

The report said authorities should argue that if details were released it could distract the public authority, divert resources and risk “public concern” about proposals.

The ICO said it was reminding all public authorities that full consideration of each information request, based on its own merits, is central to the operation of the FOIA.