Our Publication and Retention Scheme organises all the service’s information into 13 classes and includes what information we hold within the key functions performed and undertaken by us.

The scheme confirms how long we keep information before it is deleted, as well as identifying which of the classes meet the definition of containing any personal data.

It also identifies what information may be requested under a ‘Freedom of Information Request’ or a ‘Subject Access Request’ and the types of information that will be withheld because they are sensitive (e.g. Channel Tunnel related).

The Freedom of Information Act sets out a series of exemptions which, in some circumstances, allow us to withhold requested information. If we feel it is appropriate and proportionate to apply an exemption in order to withhold information you have requested under the Freedom of Information Act, we will tell you which exemption has been applied and explain the reason why it is applicable.

In relation to Freedom of Information Act requests for copies of correspondence and information relating to activity and investigations we undertake within the scope of the Regulatory Reform (Fire Safety) Order 2005 and the Fire Safety Act 2021, our position is that such information will not be released to the world at large through FOI and will be withheld using the exemption set out in section 30(1)(a),(b) and (c) of the Freedom of Information Act 2000. 

The reason for this is because disclosing information about inspections which has been obtained in the course of the exercise of our statutory duties, would undermine our ability to carry out those duties effectively and that this would be counter to public safety and efficient regulation.

Because of the statutory functions accorded to KFRS under the Regulatory Reform (Fire Safety) Order 2005, it is essential that KFRS have a ‘safe space’ to work with those raising concerns and that those individuals and groups can have trust in being able to share information and concerns confidentially with KFRS. The voluntary supply of information forms an essential part of our work and information gathering in this area. 

There is a clear public interest in not discouraging others from cooperating with KFRS and facilitating the voluntary provision and disclosure of information. Therefore our position is that the public interest in preventing that prejudice will outweigh the public interest in releasing such information.  

Furthermore, in the context of fire safety complaints, ownership of the property about which complaints are being made does not confer an automatic right to access to that information. If it did, we would not be able to undertake our regulatory and investigatory functions as it would seriously undermine our ability to have an open and honest exchange of information which is an essential part of the investigation and regulatory process. Moreover, our accountability and transparency comes from us freely sharing the outcomes of any inspections and regulatory activity and the option for the ‘responsible person’ (in a building safety context) to challenge any of our decisions through the court process. 

Our position has been supported by the following decision notices from the Information Commissioner’s Office.

Reference: IC-291324-V0P3

Reference: IC-321554-F1B7

Decision notices | ICO

In general terms, KFRS does not charge people to request information. Charges may be incurred where requests are frequent or deemed excessive.

If third party information that we hold forms part of a request, we may need to consult the originators of that information around any sensitivities, to make a decision on releasing this.

When we receive a request for information that we do not hold or own, we will identify the appropriate agency and let you know so you can redirect your request.