Contributors: Ruth Atkinson, Talya Bagwell, Kim
Biddulph, Duncan Brown, Quinton Carroll, Jill Collens, Paul Cuming, Catherine
Hardman, William Kilbride, Susan Lisk, Dorothy M. Maxwell, Peter
McKeague, Deborah
Overton, Ben Robinson.
F.1 HER information services policy
In section B.1 of this manual HER managers are recommended to develop
policy documents to provide a framework for planning and developing services.
Information services are an important area for HERs and benefit from being
developed within the framework of a information services policy document. This
should cover the following topics:
HERs often have an established user base for their information services
of:
·
local government staff offering specialist conservation
advice,
·
archaeological contractors and other buildings and
landscape professionals providing research and advisory services.
Potentially the audience for HER
information is a much wider cross-section of society and many local authorities
have expectations that HERs will offer public services.
The information service policy might set out the HER’s policy both for
serving the established user base and for developing its audience, for example
increasing the number of users and any plans to target identified groups in the
community. The document might also set out the HER’s policy with regard to
consulting existing users and confirming their needs, defining and consulting
potential future users of HER information and identifying barriers to use of
the HER.
HER managers deliver services directly to visitors and deliver services
indirectly to remote users by telephone, letter, email and the Internet. The
quality of services provided by different means may differ. HERs are also now
expected to meet certain standards of operation, including service standards
and are also required to meet the provisions of freedom of information and
access to environmental information legislation.
The information services policy should set out details of the services
available including:
·
In office facilities available for users
·
Outreach and remote service standards
·
Response times, quality and quantity of services
offered.
In addition, the policy document should define the standard that the HER
has reached, and what steps need to be taken in order to reach a higher
standard of service. These steps should include the development of new
services, or necessary changes to services to address barriers to use of HER
information.
HER operations may be constrained in provision of information by the law
and may also be required to cover an element of the costs for provision of
information services.
The information services policy document should include a clear
statement of the HER’s policies relating to access to HER information and
associated charges within the context of its local authority’s policy in this
area. This statement should make reference to the Freedom of Information Acts
(Freedom of Information Act 2000 (The Stationery Office 2000), Freedom of
Information (Scotland) Act 2002 (The Stationery Office 2002)), the Data
Protection Act (HMSO 1998), Environmental Regulations (The Environmental
Information Regulations 2004 (The Stationery Office 2004a), The Environmental
Information (Scotland) Regulations 2004 (The Stationery Office 2004b)) (, each
of which is covered separately elsewhere in this document (Section F.5). In
respect of copyright the statement might make reference to recommendations
relating to copyright charges and the uses of information (ACAO 1993), or to
other authoritative works on intellectual property rights in the heritage
sector (for example Wienand et al, 2000).
Potentially there are many different types of HER user, from
professionals within
the heritage, environment and other sectors, amateur researchers (both
individuals and groups), those within education and casual users with a passing
interest in a specific question or location.
As HERs are encouraged to make a greater variety of information more
widely available through different media and also to promote their services
beyond traditional users, this diversity will rightly increase. Different members of an HER audience will
want different levels of information, have very different reasons for wanting
that information and will use the information in specific ways (see section F.7
for guidance on Audience Development).
Each user will also have a different level of understanding
of the basic concept and role of an HER and what they can reasonably expect to
gain from using it. Some will have an
established relationship with an HER extending back many years, and indeed may
have contributed significantly to its content, whilst for others this will be
the first time they have ever encountered the resource. Each user will thus
have specific needs, require different levels of support from HER staff and
will have varying deadlines to meet. At the outset of each query the HER
officer should find out any timescale to which the user is working.
HER staff need to be able to deliver effective service to
all users whilst managing other demands on their time. Benchmark 1.2 ‘Access to Services’
recommends that HER officers set a specified response time to enquiries, this
should be viewed as an ideal maximum response time. Grouping users into
categories may assist an HER officer in considering the requirements of an
individual enquiry whilst prioritising and managing service delivery.
The following user types are a very
general guide to users’ potential requirements, capabilities, motivations and
interests.
Local Government conservation
users
This group work within the local heritage sector and have an
in-depth understanding of their local HER and a close working relationship with
it. It includes those employed within local government such as local authority
archaeologists, planners and conservation officers, museum staff and staff of
the local Portable Antiquities Scheme. This group usually require little, if
any, supervision and assistance but do require rapid access to the resource.
Rapid access could be achieved through an intranet. Access to and knowledge of information relevant to the enquiry
contained within any backlog is also required.
Other heritage professionals
This group comprises those professionals working within the
heritage sector externally to local government. It may include archaeological contracting units, archaeological
consultants, environmental consultants, and members of national bodies such as
English Heritage and The National Trust and secondary and tertiary education
professionals. They will usually have an understanding and experience of HERs
in general and in interpreting HER information but perhaps not the specifics of
an individual HER. This group may require varying levels of assistance and
supervision and will have quite specific and focussed information needs.
Response time is likely to be a high priority for this group.
Other professionals –
planners, consultants, countryside managers, academic
This group require HER information for professional purposes
but may have limited or no experience of using the resource and a limited
concept of HERs. It includes local
authority planners, countryside managers from organisations such as the Farming
and Wildlife Advisory Group (FWAG) and the British Trust for Conservation
Volunteers (BTCV) and planning consultants and may also include certain
education professionals such as primary and secondary school teachers. Assistance in understanding the concept of
HERs, in formulating queries and interpreting data is likely. The information required will often be
geographically or period specific.
Response time is likely to be an important factor for this group.
Amateur researchers
This group includes members of local societies and
interested individuals. They may have a
long history of working with HER information and an in-depth understanding of
it. Where this is not the case the user
may require significant initial assistance with how the HER works, how to frame
queries and how to interpret data. They will normally have focussed and
specific queries that require focussed and specific answers as well as access
to primary material and accurate references for further research. Response time is likely to be a lower priority
for this group.
Students
This group includes school, college and graduate level
students. Familiarity with HERs in
general is unlikely and as students are often answering quite specific
questions a high level of assistance may be required to retrieve and understand
the appropriate information. These
users will often want access not only to HER records but primary material and
detailed references. Additional assistance in directing the user to other
specific resources is also likely. The
importance of response time for this group will be set by academic deadlines.
Casual users
This group are often using the HER as a one-off experience
and will have little background knowledge of the resource. Indeed the query may be passed on from a
colleague in a different service area or department. Queries from this group of user are generally simple requiring a
simple answer. These users normally
require copies of specific record entries and relevant references. There are normally no time deadlines. Casual users may return to the HER as an
amateur researcher.
This section offers guidance on the types and standards of
information services offered to HER users.
Existing arrangements within HERs, standards to be used and government
anti-discrimination legislation are discussed. HERs will
also need to work within the constraints of corporate policies and standards
for service provision.
In order to successfully deliver HER services to a diverse
audience adequately trained staff are essential. An HER should have an identified staff resource that is
appropriate for the level of service being delivered. Staff should understand
and be able to impart appropriately their knowledge of HER systems, HER
information and the local historic environment. Basic skills of information retrieval, interpretation and
presentation are paramount. An understanding of user requirements, how best to
assist each user and when and where to refer a user for additional information
are important.
Training of staff is vital to ensure this successful
delivery of service. Training should
cover the information systems used, general aspects of the local historic
environment, research resources, communication skills, equality and diversity
awareness training, with focus on specific areas if appropriate (for example
disability, ethnicity) (see section F.3.4 below). Training may occur on the job, by e-learning or through courses,
conferences and seminars.
To maximise the use of an HER users should be made aware of
the times during which visitor access to the HER office is possible. HER managers should ensure that details of
formal opening hours and appropriate arrangements at other times are published
along with any charging policy and contact details. This information should aim to reach all potential users and may
be on leaflets, posters, and Internet or intranet sites.
All visitors coming to use the HER should be provided with a
desk or table on which to work.
Benchmark 1.2 recommends that this area be supervised, appropriately
equipped and that facilities such as copying should be available. Access to map, photographic and documentary
aspects of the HER should be provided, ideally with appropriate guidance in
understanding and interpreting such sources.
To assist users in consulting this material, equipment such as sheet
magnifiers and stereoscopes might be provided.
Where an HER has a digital component, such as a database
and/or GIS, or indeed a dedicated website, access appropriate to the query,
user and format of that component should be considered. Direct access through a
computer terminal might be offered to those familiar with the information
system. Where the information system is
for trained and not casual use a simplified user-friendly interface might be
designed to make it easy to frame specific enquiries. This interface may also be suitable to provide remote access from
museums, libraries or via the Internet. (See sections F.7, F.8)
HERs with online facilities should make it clear that their
online resource is unlikely to consist of everything contained within the
office, paper-based HER, all will contain image collections, maps, primary
sources and ‘grey literature’.
In line with current government agendas of
social inclusion and access for all, access to HER services should be available
for all. ‘Access’ within this context
has a broad definition encompassing access to information, facilities/services
and buildings. Failure to take reasonable steps to
address such issues could carry legal implications. Access and quality of service provided
by the HER must not be dependent on a person’s gender (including caring
responsibilities), race, age or disability.
Relevant legislation ensuring equal access to HER services includes the Sex Discrimination Act (SDA) 1975, the Race Relations Amendment Act (RR(A)A) 2000 and the Disability Discrimination Act (DDA)
1995. It is not enough for an
organisation to have a statement that it is committed to eradicating
discrimination. It should be supported
by a clear and explicit implementation plan.
Remember, a lack of demand may actually be a low
expectation from a group with a history of receiving low customer care. Alternative ways of reaching out to a group
may be needed such as disability forums and other consultation.
Disability Discrimination Act
The final part of the Disability Discrimination
Act 1995, Part III, implemented on October 1st 2004 concerns access
to goods and services (HMSO 1995).
Knowledge of, and compliance with, this legislation should be a high
priority for HERs. Specific guidelines
concerning the implications of the DDA and how best to implement appropriate
change can be obtained from the Disability Rights Commission, as well as other
specialist organisations such as the Royal National Institute for the Blind
(RNIB), the Royal National Institute for the Deaf (RNID).
In short, however, HERs should be aware that the
act applies to all organisations that provide goods, facilities and services to
the public or a section of the public, whether for payment or free of
charge. Refusal to provide a service,
providing a lower standard of service, providing a service on less favourable
terms and not making reasonable adjustments to enable a disabled person to
fully use your service are all unlawful.
From October 1st 2004 one of the
‘reasonable adjustments’ expected from the service provider in order to comply
with the Act has included the possibility of physically changing a building to
ensure access for all. Failure to
comply with the Act may result in a County Court judgment forcing the service
provider to make the necessary adjustments and awarding damages to the complainant. It is recommended that where HERs receive
public visitors a disability access audit be undertaken. It is also advisable that front line staff
dealing with the public receive disability awareness training.
The Equalities Team at Somerset County Council
have produced a ‘Disability Guide’ which covers a broad range of material from
information about the Act itself to property management issues through to
specific communication needs of people with disabilities, equality training
providers and useful contact details.
This can be found at www.somerset.gov.uk/equalopportunities
Access to information
In order to widen access to all HERs should also
be able to supply, on request, information in alternative formats appropriate for
those with disabilities or with a specific language requirement. This may be in large print, languages other
than English, Braille, tape, or total communication, a communication
system using signs/symbols, pictures and gesture/visual expressions predominantly
for people with learning disabilities. All
documents produced for the general public should have a strap line stating the
alternative formats available.
The RNIB can supply a
‘See it Right Pack’ that gives guidance on designing, producing and planning
for accessible information for those with sight impairments. All information, no matter how it is to be
received, should be presented in clear, understandable language. The Plain English Campaign has produced some
useful guides to assist with this.
It is important to remember that producing
documents in different formats or translations in advance will not ensure
equality access to services. Not only
is this a costly exercise, it may be unnecessary. It is more important for staff teams to be knowledgeable of the
needs of their ‘customer base’, confident about the different processes for
arranging alternative formats/translations and to be able to do this quickly
and to be trained in equality and diversity to meet the needs of their
customers more effectively. Panel 11 gives a model policy statement on access
to buildings, facilities, services and information and an example of assessment
of disabled access is given in panel 12.
|
Panel
11: Model policy statement, access to buildings, facilities, services and
information |
|
All HER Users can expect: ·
to be able to use the services available to the public including
facilities, buildings, spaces, furniture, equipment, transport etc; ·
reasonable changes to be made or extra equipment used to help
solve the problem, on request, if services are not accessible to them; ·
to know when changes are permanent so that they do not have to
ask every time they want to use the service ·
to be treated fairly, with respect, dignity, and understanding
by anyone working for the HER or
working on behalf of the HER. ·
to be able to read, see or hear (on request) all information
given by the HER in the way that they normally communicate. ·
any language and images used to be positive and free from
stereotypes and discrimination. |
|
Panel 12: Example of an assessment of
disabled access (Buckinghamshire HER) |
||
|
Disability / Impairment |
Visitors |
Online Users |
|
Deaf /
Hearing impaired |
·
HER
Officer qualified in BSL (level 1). ·
Written
information about the HER can be provided with advance notice. |
N/A |
|
Visually
impaired |
·
Hand-held
and full-page magnifiers available. ·
Digital
text or data can be produced in a variety of colours and fonts. ·
Paper
records can be supplied as enlarged photocopies. ·
Limited
amounts of information can be read aloud to users. |
Website
designed to be user-friendly to visually impaired users: ·
Scalable
fonts available. ·
Text
labelling for all photographs, drawings, diagrams and so forth. ·
Sympathetic
layout and use of colour. ·
Compatible
with voice-synthesiser software. |
|
Disabled
/ Mobility impaired |
·
Access
ramp to be provided. ·
Doors
to main office sufficiently wide for wheelchair access. HER information to be
provided at staff desk in main office. ·
Wheelchair
users to offered alternative of HER information provided at Centre for Bucks
Studies where ramp, full disabled access and disabled toilets available. |
N/A |
|
Learning
impaired |
·
HER
Officer available to interpret information and explain technical terms. |
·
Easy
to use website. ·
Use
of accessible language. ·
Use
of images. ·
Thesaurus
for technical terms. ·
Provision
of interpreted thematic modules. |
|
Non-English
language speakers |
·
Written
information about the HER can be provided in advance for users to obtain
translations. ·
Photocopies
of paper records can be supplied for users to take away and obtain
translations. ·
BCC
staff may be available to provide limited non-technical translations (there
is an informal register of BCC staff able to provide help with non-English
languages). |
·
Summary
information about the Unlocking Buckinghamshire’s Past Project to be
available in major European and ethnic minority languages. |
Useful sources
of Further Information
Equal Opportunities
Commission www.eoc.org.uk
Commission for Racial
Equality www.cre.org.gov.uk
Disability Rights
Commission www.drc.org.uk
Disability
Discrimination Act www.disability.gov.uk http://www.direct.gov.uk/DisabledPeople/fs/en
Royal National Institute
for the Blind
www.rnib.org.uk
Royal National Institute
for the Deaf
www.rnid.org.uk
Language Line (Telephone
Translation Service)www.languageline.co.uk
RNID Typetalk service
for those using ‘text’ phones (or Minicom) http://www.rnid.org.uk/information_resources/communicating_better/typetalk/
Campaign for Clear
English http://www.plainenglish.co.uk
| F.4.1 Public information | F.4.2 Commercial value of HER information | F.4.3 Acceptable use | F.4.4 Copyright, database right and licensing |
It has been
recommended that HER officers develop and implement an access and charging
policy (ACAO 1993). Such a policy
should be made explicit to all users and depositors of information. A clear formal access and charging policy
should state the information available from an HER, what information may be
withheld, the reasons for this, any charges that requesting HER information may
incur and any information expected from the user in order for them to access
the HER. Establishing a user’s
declaration form, perhaps in conjunction with Benchmark 1.3’s goal of
maintaining a register of users, could prove a useful tool in monitoring
interest in sensitive sites.
HERs should
be considered public information, having been compiled through national and
local government funds and should aim to provide access as fully as is possible
to all users. However the dual role of
the resource in also supporting planning and conservation matters may mean that
in certain circumstances full access to information for all users could be
limited. The archaeological results
contained within fieldwork reports produced in support of planning applications
are public information and cannot be withheld.
It is the responsibility of the depositor to ensure no commercially sensitive
information is available within the report.
Personal information held within HER documents is covered by the Data
Protection Act regulations and should be withheld.
Since the
introduction of PPG16 there has been a substantial expansion in the volume of
enquiries from developers and consultants and HER information has acquired a
commercial value. Some HERs have
considered charging for access to information. In England and
Wales it has been established through the courts that it is illegal for local
authorities to charge for accessing information for pre-planning-application
discussions between council planning officers and developers (McCarthy and
Stone vs. London Borough of Richmond, ACAO 1993). No directly similar case has been brought before the Scottish
courts, although the McCarthy & Stone case has been used as supporting
evidence in other successful cases against Scottish local authorities re the
legality of charges for information - SPH (Scotland) Ltd v The City of
Edinburgh Council 2003 CA13/03 and Stirrat
Park Hogg v Dumbarton District Council 1996 SLT 1173.
Whilst HERs
should not charge for ‘information’, reasonable costs could be recovered,
when dealing with commercial users, by charging for staff time and the cost of
replicating and sending the information to the user. Recovery of costs from all users for photocopies, photographs and
other copy materials is common practice.
HERs may
contain information of a sensitive nature such as the accurate location
information of vulnerable sites or the personal details of individuals. HER
officers could consider including a deliberate time lag in certain cases if sensitive
information is being made widely available to all users. It may be necessary that the locational data
of certain sites is less precise than others.
This issue is especially pertinent when making HER information available
over the Internet, where users may be less easily monitored. ALGAO advices that those HERs in receipt of
Portable Antiquities Scheme Data should use a NGR of no more than four figures
if published online. Benchmark 1.2
(Chitty 2002) ‘Access to Services’ advises that where remote access is provided
to the HER it should be a ‘read-only’ facility and capable of blocking access
to sensitive information.
Images held within the HER are also the subject of several
access issues, especially where they are ‘published’ on the Internet. Any
images of children must have express parental permission. Any image that reveals an individual’s
identity should not be used without their permission. Car number plates should not be visible without the owner’s
permission. Images should only show property visible from a public right of way
unless the owner’s permission has been sought and given. Experience of the ‘Images of England’
project (http://www.imagesofengland.org.uk/)
has demonstrated that even this policy is unacceptable to certain property
owners who may have security and privacy concerns. Consequently even images taken from a public right of way may be
withdrawn as a courtesy. The way that
people are depicted should also be considered in terms of negative images and
discrimination.
Promoting acceptable and responsible use of HER information
to users prior to allowing access to HER information should also be
considered. A document highlighting the
role that HERs play in the important task of conserving and preserving the
historic environment should instil in users feelings of a collective
responsibility in this process.
HER managers are recommended to seek
legal guidance from their local authorities on this issue. Managers should be aware that policies to
restrict the access by certain groups of people to information might be viewed
as discrimination. User declaration
forms are recommended because they both provide a clear statement to users and
also form basis for action should any breach come to light. Examples of these
forms are available on-line, such as: http://www.gloucestershire.gov.uk/index.cfm?articleid=10033&detailid=&contactid=&articleaction=form&formid=1219
http://www.cornwall.gov.uk/media/pdf/8/o/her_users_declaration_form_1.pdf
F.4.4 Copyright, database right and licensing
Control of intellectual
property rights (copyright, database right and licensing) are complex legal
areas in which this manual can only give common-sense guidelines. HER officers
can find out more about these issues either by consulting published works
(see References Section H) or their
local authority’s legal advisors.
Copyright
The main
legislation governing copyright issues, as amended by various additional
regulations, is the Copyright, Designs and Patent Act 1988 (UK wide). This
specifies the rights of creators of dramatic, artistic (including photography),
sound recording, broadcast and artistic works. To qualify, the work must be an
original work, or a published edition of works, involving labour, skill or
judgement. Copyright in the UK is automatic – it does not need to be specified
on the work itself. However, the law in
the UK is currently likely to undergo subtle amendments following the adoption of a recent EU
directive that seeks to harmonise copyright regimes across Europe. This is
likely to impact on definitions of ‘fair dealing’, restricting the current fair
dealing exemptions to ‘non-commercial’ uses.
The creator
of the work is awarded a number of rights relating to their work, preventing
the uncontrolled copying, distribution, sale, renting or performing of the work
in a range of medias, including on-line. Copyright is a property right, so can
be transferred – bought, sold or inherited – meaning that the creator and
copyright holder can be different people.
In addition, the creator of a work retains an inalienable and perpetual
‘moral right’ to be identified as the originator, and to prevent distortion or
mutilation of the work. These two
rights, together with a number of others such as patents and publication
rights, are often referred to collectively as intellectual property rights.
Copyright is of limited duration:
·
Literary, dramatic, artistic
(including photographs) or musical works
Copyright lasts for 70 years from the year of the author’s death, or, if the author is unknown, the date when the work was made available to the public by, for example,