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Dear Mr Tonith

Re: Request for Internal Review - Request 3869

Thank you for your dated 15^th September 2009 regarding the response to your recent request to the Council (our ref: 3869).

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

You wrote to the Council on 28^th May 2009 requesting information held by the Council regarding the Council's trading arm West Co Trading Ltd. The request was received by the Council on 1^st June and an acknowledgement email was sent. The target date for completion was 23^rd July 2009. The Council responded to your request on 22^nd July 2009. You also wrote to the Council on 26^th June 2009 asking why a response had not yet been provided. You wrote to the Council again on 15^th September requesting an internal review as you had not yet received the information requested.

Having reviewed the response to your request, I note that it states that the information you require is not held as the Council's Finance department are in the process of preparing WestCo Trading Ltd's annual accounts. I have therefore considered the requirements of Section 1(4) of the Act which relates to information held by a public authority. Section 1(4) states:

The information-

(a) in respect of which the applicant is to be informed under subsection (1)(a), or

(b) which is to be communicated under subsection (1)(b),

is the information in question held at the time when the request is received, except that account may be taken of any amendment or deletion made between that time and the time when the information is to be communicated under subsection (1)(b), being an amendment or deletion that would have been made regardless of the receipt of the request.

At the time that your request was received, the Council had not yet begun the process of collating the accounts for WestCo Trading. Nor, as the company was in its first year, did any previous accounts exist. As such, at the time your request was received, the Council did not hold this information, as defined by Section 1(4). I am satisifed that the response you received clearly states that this was the case and therefore this aspect of your complaint is not upheld.

I also note that the Finance department did advise they would be be prepared to release these accounts once they were completed. It was hoped to complete this exercise within 4 weeks of responding to your request. Please be advised that there is no requirement under the Act to make such an offer and therefore no obligation on the Council to comply with these estimated timescales. As such, this aspect of your complaint is not upheld.

I can now confirm that these accounts have now been completed and ratified and we are prepared to provide you with a copy. To that end, can you please provide a private email/postal address that we can send this information to.

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

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,

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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