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'Why do some Westminster Conservative councillors enjoy free parking?'.
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Knowledge and Information Management Team |
Information Services |
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101 Orchardson Street |
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London |
This matter is being dealt with by : |
NW8 8EA |
Email: [Westminster City Council request email] |
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Tel No: 0207 641 |
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Fax No: 0207 641 2872 |
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To Mr Jones |
Date: 27th July 2009 |
E: [FOI #13276 email] |
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By email |
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Dear Mr Jones
Re: Freedom of Information Request 3933
Thank you for your recent emails on the 18th and the 24th July 2009 to the Council regarding Freedom of Information request 3933. In your emails you requested an internal review of the handling of your request with regard to a number of concerns which I have summarised below:
You queried the time taken to respond to your request,
You expressed dissatisfaction with the response that you had received, citing that it was “unacceptable and doesn't make any sense”,
You refer to the response of Freedom of Information request 4006, the correspondence of which is available on the www.whatdotheyknow.com
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
Please find our responses to your requests as follows:
I apologise for the delay in responding to your Freedom of Information request. A response should have been provided promptly within the 20 working day period. This delay is unacceptable, and therefore this part of your complaint is upheld.
Because of this complaint, we have undertaken steps to ensure awareness of the requirements of the Act across departments. We have also recruited new staff and reviewed procedures to ensure these delays do not occur again.
Under the Freedom of Information Act 2000 we are required to provide, subject to any exemptions, the information that we hold at the time of the request.
In response to your request "would you please explain and justify, with reasons, why Westminster City Council grants a free parking permit to councillors in its borough, while other Central London councils don't offer a similar benefit to their councillors" we are only able to provide information that we hold relating to the decision taken by Westminster City Council with regard to the provision of free parking permits, and we are unable to comment on decisions taken by other councils.
We responded, therefore, that Westminster City Council grants free parking permits to councillors which can be used “when they are undertaking official duties as Councillors”.
We further clarified that this does not extend to residents parking permit: “They are required to obtain residents parking permits, if they require them, which are paid for.”
To clarify: the free parking permits are provided to Councillors for use for official duties throughout Westminster. Residents parking permits are issued to any resident within the borough of Westminster. Councillors who are residents, therefore, are required to apply for permits in a private capacity for use in their residential area.
We believe that this answers your request. If you remain dissatisfied with our response to your request, you have the right under Section 50 of the Freedom of Information Act to contact the Information Commissioner; his contact details are as follows:
Case Reception Unit, Customer Services
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
You refer to Freedom of Information request 4006, which was submitted by someone else, stating “I wonder why you refuse to answer FOI request 4006 as you state here that these Councillors "are required to obtain residents parking permits". So why do you say in FOI request number 4006 that this information is private and confidential, since you are happy to divulge it here? I believe that's because none of these councillors have a paid for parking permit, as they don't require one, given that they have a free official Westminster-wide parking permit. Please confirm this.”
Our response to you under request 3933, was that if Councillors require residents parking permits then they must obtain them. We are able to confirm that this is Westminster policy.
If a councillor applied for a resident parking permit it would be in a private capacity and any information held about them in relation to residents parking permits would constitute personal data and, therefore, be exempt from disclosure under section 40 of the Freedom of Information Act 2000.
This completes our investigation under Stage 1 of the Council's complaints procedure. If you remain dissatisfied please see under point #2 above for details of how to refer your complaint to the Information Commissioner.
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