Mr S Everett
By email
Date
20 October 2009
Our reference
FOI/005/09
Dear Mr Everett
Complaint about the Learning and Skills Council
I am writing further to previous correspondence regarding your complaints about
the Learning and Skills Council (LSC). I have reviewed information provided to me
and I am now in a position to provide you with final conclusions. The complaints
which were agreed and have been investigated are:
1
I believe the LSC has unreasonably dealt with my request for
information as they have exceeded published timescales.
I am aware that you made a request for information on 28 July 2009, via the
Whatdotheyknow, website for
“… the complete data set held on eMandate for the
past 3 years for all colleges in England (ie 2006-07, 2007-08, 2008/9).” Your
request was acknowledged that same day.
The LSC provided you with a response on 25 August 2009, which was within the
statutory timescales. The response confirmed that a) the LSC held the data
requested and; b) considered the data subject to copyright. The LSC therefore
sought a postal address from you to which the information could be sent to ensure
copyright was not breached through disclosure. You declined to provide a further
address and repeated your request, on 27 August 2009 for disclosure via the
Whatdotheyknow website.
The LSC provided a further response on 2 September 2009 which confirmed that,
as you had not felt able to supply an address, the LSC had applied an exemption
under the Environmental Information Regulations (EIR) 2004.
As the LSC did apply an exemption within 20 working days of your initial request,
this does fall within the timescale allowed for under EIR 2004 (regulation 7).
Learning and Skills Council
Cheylesmore House Quinton Road Coventry CV1 2WT
T 0845 019 4170
F 024 7682 3675
www.lsc.gov.uk
However, the LSC failed to notify you in writing within 20 working days of its
decision to respond in accordance with Regulation 7 and therefore I partly uphold
this element of your complaint.
2
I believe the LSC has unfairly dealt with my request for information as
an exemption has been applied resulting in me not being sent the
information I have requested.
As outlined in correspondence, the LSC applied an exemption under regulation
12(5) (c) of the EIR 2004 because you had declined to provide a postal address to
where the information could be sent.
I have reviewed the decision by the LSC, as outlined in the email dated 2
September 2009, and I am satisfied that the exemption has been applied fairly.
The LSC considers that disclosure of the information through the means requested
will adversely affect the intellectual property rights in the data. The reason being is
that the data requested has been supplied by third parties and is therefore subject
to the copyright of those third parties. Disclosure of that data to you via the
Whatdotheyknow website would adversely affect the intellectual property rights in
that data. The LSC were willing to provide you with the data if you had supplied a
postal address which is something you declined to do.
In light of the above I do not uphold this element of complaint.
Please note that the LSC can arrange to supply you with the data you have
requested, if another address is supplied which does not give rise to the access to
the data adversely impacting the intellectual property rights in the data.
If you remain dissatisfied you can make a complaint about the LSC’s
administration by writing, via your local MP, to the Parliamentary Ombudsman,
Millbank Tower, Millbank, London, SW1P 4QP.
Alternatively if you feel the LSC has not complied with requirements of the
Environmental Information Regulations 2004, you can make a complaint to the
Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
Yours sincerely
Donna Mahers
Complaints Compliance Manager
Letter to Mr S Everett on 20 October 2009
Complaint about the Learning and Skills Council
2 of 2
