Across the world, governments are under pressure to increase transparency and make information more easily accessible to the public. From the Freedom of Information Act (FOIA) in the United States to the Freedom of Information Act 2000 in the UK, the Aarhus Convention in Europe, and other open-government initiatives, municipalities and councils face growing obligations to disclose agendas, meeting documents, and decisions.
Proactive disclosures in a timely manner following all meetings
Reactive disclosures at the request of external stakeholders, provided they are specific and legitimately attempt to obtain public information
While this helps the public, press and politicians hold governing bodies to account, it also creates an administrative burden. Without a structured approach, councils risk non-compliance, reputational damage, or even legal consequences. This article explores five common mistakes councils make when publishing decisions and how to avoid them.
Mistake 1: Failing to assign a dedicated transparency contact person
There needs to be a clear focal point for all requests relating to public information. This is not only a best practice but often a legal requirement under freedom of information laws. It provides clarity to citizens and journalists about whom to contact, reducing delays and confusion, while encouraging a consistent approach to compliance.
A contact person (or dedicated team) should have:
Strong knowledge of the information the council manages
The ability to clarify vague or overly broad requests
Responsibility for connecting applicants with internal parties who hold the relevant documents
This role is integral to structuring your compliance workflow in an efficient, effective and legally sound manner.
Mistake 2: Missing legal deadlines for information requests
Most access-to-information laws are strict about deadlines for responding to official requests. Common features include:
Initial decision deadlines: Councils are often required to respond within a set timeframe (e.g., four weeks under Dutch law, 20 working days in the UK, or 20 business days in the US).
Extensions: Some frameworks allow limited extensions in cases where requests are complex, provided the applicant is informed in writing before the original deadline expires.
Consultation with third parties: When sensitive information involves third parties, councils may need to suspend deadlines until those parties have had the opportunity to provide input.
Vague requests: If a request is unclear, councils are typically entitled to seek clarification within a short timeframe.
Failing to meet deadlines breaches the law, undermines public trust, and can escalate into formal complaints or legal action. Councils should therefore have systems in place to track deadlines and ensure responses are timely.
Mistake 3: Neglecting proactive disclosure of mandatory categories
In addition to handling requests, councils must proactively publish specific categories of information. While the exact categories vary by jurisdiction, common examples include:
Laws, bylaws, and legally binding regulations
Organisational structures and responsibilities
Meeting agendas, minutes, and executive decisions
Budgets, annual plans, and reports
Procurement and tender documentation
Research reports and policy advice provided to decision-makers
Some governments phase in these requirements over time, starting with higher-level laws and gradually including more detailed operational documents.
Even if the deadlines in your jurisdiction have not yet arrived, councils should prepare now. Automating publication and creating consistent processes makes information easily accessible to the public and avoids bottlenecks later. Tools like a public portal make it possible to provide open access in a structured, searchable format.
Mistake 4: Applying exceptions too broadly
Every transparency law includes exceptions to protect sensitive information. These typically cover:
National security and international relations
Economic or financial interests of the council
Ongoing investigations or law enforcement activities
Personal privacy
Commercially sensitive business data
Environmental protection
Safety of individuals or organisations
In exceptional cases, councils can also refuse to disclose information that would cause disproportionate harm.
However, applying exceptions too broadly undermines transparency and can lead to legal challenges. The balance is delicate: councils must protect sensitive data without overstepping and withholding information that is genuinely in the public interest. Refusals should always be carefully justified and narrowly applied.
Mistake 5: Poor information management and non-compliant formatting
Transparency is not just about making documents available—it’s about making them understandable and accessible. Common requirements across laws and guidelines include:
Publishing documents in an organised and searchable structure
Ensuring the information is accurate, current, and corrected if errors are found
Providing context about how the data was compiled
Offering formats that are machine-readable (such as CSV, XML, or accessible PDFs), or at least electronically searchable
Without proper systems, councils risk being accused of poor transparency or wasting resources on responding to repeated requests for information that technically is already public but difficult to find. A lack of structure damages trust and creates compliance risks.
Conclusion and best practices
The path to better compliance with transparency laws is to embrace the principle of “open unless.” Instead of seeing disclosure as a burden, councils should treat it as an opportunity to strengthen trust with citizens.
Best practices include:
Assigning a clear contact person for all requests
Tracking and meeting deadlines rigorously
Automating proactive publication of mandatory information
Applying exceptions carefully and narrowly
Using modern digital systems to provide accessible, well-structured information
Looking for a streamlined way to manage the publication of council decisions? iBabs’ Public Portal is a centralised access point for citizens, the press, and other stakeholders to find the details they need about the organisation, actions, and decisions of your council. It helps ensure compliance with transparency laws and provides an easy-to-search platform for all public disclosures. Request a demo today.
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