I think this may be an
appropriate point in time to "clear the air". I have raised various issues
regarding the legality of requests for information received by us from your
website. I have attempted to explain my reasoning, but it would appear
that all I have achieved is to upset you so that I have received some fairly
blunt e-mails recently; that was not my intention. I am a present
putting together a letter to the Information Commissioner seeking guidance on
these issues. I think it would have been better for all concerned if
clear unequivocal guidance about issues such as "address for correspondence" had
been issued; perhaps now it will be.
This morning I see there is
a further request from Richard Jackson. Having regard to the advice that appears
on your website regarding "pseudonyms", I suspect Richard Jackson is a
pseudonym. I have to say that I suspect that his latest request, and other
recent requests received from you, are actually being produced by you and that
you are using various pseudonyms. I have formed that view because, with the
exception of the enquiries about Fishing and "Common Purpose", they all have a
common theme, and they have all been submitted within a very short time-frame as
our disagreement developed. Most significantly, I have looked at your website to
compare total numbers of enquiries received with those received by other
Councils. Including the latest, and the one we answered in April, Rother
has received 11 enquiries via your website. This is more than the total
enquiries received by all the neighbouring/nearby authorities including two
County Councils and a Unitary, who normally receive far more direct inquiries
than a District like Rother would expect. Looking further afield I see
that Manchester City Council has received 4 enquiries and Westminster City
Council, just 3. I have prepared a little table to demonstrate the
point:in relation to our local area:
|
Council |
Number
of requests |
|
Brighton
& Hove Unitary |
3 |
|
East
Sussex County Council |
1
|
|
Eastbourne
Borough |
1 |
|
Hastings
Borough |
0 |
|
Kent
County Council |
2 |
|
Lewes District |
0 |
|
Rother
District |
11 |
|
Shepway District |
0 |
|
Tunbridge
Wells Borough |
2 |
|
Wealden District |
0 |
There is no likelihood of
this pattern occurring in the ordinary course of events and I am forced to the
conclusion that this Council is the subject of a campaign of harassment that you
are conducting through your website. Will you please stop it and remove
the relevant enquiries, from your website. In a spirit of compromise, if
the remainder are removed, I will answer the questions about Fishing and
Common Purpose without prejudice, pending clarification by the Information
Commissioner, to my position regarding their validity.
You will be familiar with
the advice issued by the Information Commissioner in Awareness Guidance
22, and I think that on the basis of the information available these requests
can be refused on the ground of their being vexatious, but I suggest that it
would be best for all concerned if they were just withdrawn.
I also have to say that I
am unhappy about the references to me personally and my position appearing
on the Internet. I am not, even in my interim capacity, part of the
Senior Management Team. I regard this as an invasion of my right to
privacy. It may be the campaign about which I am complaining is directed
at me personally, and it does cause me distress, but it also causes unnecessary
expense to the Council, and thereby Council Tax payers; please accept my
apologies if any of you actually live here.
I know you won't
believe this, but I will say anyway because it is the truth, that I have
actually always supported Freedom of Information and have preferred to release
information in the absence of clear reasons not to do so. If you will look at
the Information Commissioner's web site you will see that there has never been a
complaint against this Council, and that is a record of which I and my
colleagues are proud. I imagine that there may well be complaints on their
way initiated by yourselves, but I would ask you to reconsider whether you have
the right target. In a recent e-mail we were accused of being "highly
evasive in relation to freedom of information requests"; if that were really
true, surely there would have been complaints to the Information Commissioner by
at least some of the 400 people who have made direct requests to
us.
I await your
response.
Regards,
David.
David Edwards
Interim Solicitor, Rother D.C.
Town Hall, Bexhill TN39 3JX Tel:
01424-787840
www.rother.gov.uk
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