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Dear Mr Brooke

Re: Request for Internal Review - Request 3755

Thank you for your dated 15^th September 2009 regarding the response to your recent request to the Council (our ref: 3755).

In your you asked for an internal review of the handling of your Request. I have summarised the details of your appeal below:

I am sorry that you are dissatisfied with our handling of your requests and I have investigated your complaints under Stage 1 of the Council's Corporate Complaints Procedure. Further details of our procedure can be found on our website: http://www.westminster.gov.uk/services/councilgovernmentanddemocracy/councils/contactsconsultationandfeedback/complaints-and-compliments/complaints/

Response

Your original request to the Council was made on 6^th May asking for details of which councillors had residents parking permits. A response was provided by the Council on 4^th June 2009. You wrote to the Council on 20^th June requesting an internal review as you had not apparently received a response. You wrote to the Council again on 15^th Septemeber 2009.

Having reviewed the correspondence regarding this request, I can advise as follows:

A response to your request was provided by the Council on 4^th June 2009. This was the day that the response was due. It would appear that you did not receive this response. For your convenience I have provided a copy of our original response at the end of this letter. In addition, it appears that similar information has been provided to requests made via the WhatDoTheyKnow website. It could be argued that this information is also available via other means, although I do note that both of these were made after your original request was submitted.

1. Request 13366, Q2 asks for councillors with residents permits:

http://www.whatdotheyknow.com/request/which_councillors_actually_live#incoming-31031

2. Request 13882 asks for councillors with pay by phone parking accounts:

http://www.whatdotheyknow.com/request/councillor_with_free_parking_reg#outgoing-28182

As a response was provided within time, although it would appear it was not received by the WhatDoTheyKnow site, this aspect of your complaint is not upheld.

With regard to your request for an internal review, the Council did not respond to you within our agreed procedures and failed to provide you with an update as to our progress. Nor did we resend a copy of our original response. We have now reviewed our procedures to ensure this does not occur again, and I offer my apologies for any inconvenience this might have caused. This aspect of your request is therefore upheld.

This completes the internal review into the handling of your Request under the Council's complaints procedure. Should you be dissatisfied with our response, you are entitled to contact the Information Commissioner under Section 50 of the Freedom of Information Act. For your reference, I have provided his contact details below:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 08456 30 60 60 or 01625 54 57 45
Fax: 01625 524510

Web: www.ico.gov.uk

I hope this fulfils your request. Should you have any queries, please contact me at the address above.

Yours sincerely,

Response to request 3755 as originally sent:

Freedom of Information (FOI) Act 2000: Request for information

Thank you for your request for information that was logged on 6 May 2009. You have requested the following information:

With reference to the Councillors free parking permit scheme, FOI#10250 (WCC Ref: 3645). Please could you provide a list of those Westminster City Councillors who have purchased a paid for residents parking permit up until the 31 March 2009?

1. To clarify further, which Westminster City Councillor (from the list below) also holds a residents parking permit? 2. Also from the list of Councillors below, which of them as of the 31st March 2009 list their main home address as being within the borough of Westminster?

Councillor Barrow; Councillor Richardson; Councillor Connell; Councillor Roe; Councillor Chalkley; Councillor Moss; Councillor Astaire; Councillor Burbridge; Councillor Lewis; Councillor Davis; Councillor Roberts; Councillor Warner; Councillor Nemeth; Councillor Flight; Councillor Brahams; Councillor Havery; Councillor Floru; Councillor Hampson; Councillor Hyams; Councillor Prendergast; Councillor Marshall; Councillor Lee Rowely; Councillor Nicola Aiken; Councillor Duncan Sandys; Councillor Angela Harvey; Councillor Mark Page; Councillor Ian Adams; Councillor Alan Bradley; Councillor Lindsey Hall; Councillor Blois; Councillor Keen;

In response to your request I can advise you of the following:

1. WCC is unable to provide this information. Those Councillors who have purchased a Residential Parking Permit will have done so in a private capacity. Disclosure of this data would constitute a breech in Data Protection. This information is therefore exempt under section 40 of the FOI Act 2000 as it is considered as personal information.

2. All Councillors from the above list have nominated their main home of residence as being within Westminster.

If you are not satisfied with this response please set out your reasons in writing and send to:

Customer Relations

PO Box 396

Warrington

WA55 1EL

Phone: 0207 641 1743

Fax: 0207 641 1744

Email: [email address]

Should you still be dissatisfied with the outcome of any such complaint you have the right to make a complaint to the Information Commissioner, pursuant to section 50 of the FOIA. The contact details are:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625-545-700

www.informationcommissioner.gov.uk

Yours sincerely

Gordon Deas

Departmental Records Officer

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Under the Data Protection Act 1998, Data Subjects have rights to challenge, alter or erase the inaccurate and unlawful processing of their information. In the first instance please contact The Data Protection Officer, Information Services, 101 Orchardson Street, London NW8 8EA. If you are not satisfied with our response you may contact The Information Commissioner: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF