Response to Request for Internal Review -

Resources

Knowledge and Information Management Team	Information Services
	101 Orchardson Street
	London
This matter is being dealt with by :	NW8 8EA
Email: [Westminster City Council request email]
	Tel No: 0207 641
	Fax No: 0207 641 2872

To Blue E: [FOI #16666 email]	Date: 29^th September 2009

Dear Blue,

Re: Request for Internal Review - Request 4225

Thank you for your dated 19^th September 2009 regarding the response to your recent request to the Council (our ref: 4225).

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

The response was supplied late
The information was inaccurate, as the BMF are listed as having been consulted, they were not.
Question 9 of the original request was not answered

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 submitted your original request on the 10^th August 2009. The department dealing with your request sent a response by email on the 7^th September 2009. On the 9^th September you wrote to inform us that the spreadsheet referred to in the Council's email had not been attached. The department dealing with the request responded the same day to email the attachment and apologise for the oversight.

In responding to your request for an internal review I will refer to the following provisions of the Freedom of Information Act 2000.

Section 1 (1) gives the right to any person to make a request for information to a public authority, and (a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and (b) if that is the case, to have that information communicated to him.
Section 1(4) requires that the information to be communicated must be the information in question held at the time when the request is received, except for any amendment or deletion that would have been made regardless of the receipt of the request. There are no provisions under the Act, therefore, regarding the accuracy of the information at the time, but section 1(4) requires that the information held is communicated as it is at the time of the request.

In reviewing the handling of your request I note that the Council attempted to respond to your request on the 7^th September 2009, and within the 20 working days. Unfortunately, the spreadsheet which should have accompanied this response was not attached and, therefore, the response was incomplete. This was an oversight which was rectified as soon as you alerted the department to the omission one day after the completion due date.

This aspect of your complaint is, therefore, partially upheld.

Accuracy of information

You query the accuracy of the information which was provided to you. According to the records that the Council holds, the BMF was contacted as part of the consulation. I include here a link for further reference:

http://www.westminster.gov.uk/services/transportandstreets/parking/wheretopark/vehicletype/motorcycle/foi/

I can confirm that the Council provided the information held at the time of the request, thereby fulfulling the requirements of section 1(1) and 1(4) of the Act.

This aspect of your complaint is not upheld.

Unanswered question

In your original request you asked "Of groups listed in question 3 to 8, please state which groups responded (if asked) in favour of the revised motorcycle parking orders being made permanent?

I can confirm that the response of 7^th September 2009 included an answer to this question as follows: "Please note, that only objections for this order are captured and recorded, and not those in favour." To reiterate this response; for the purposes of section 1(4) of the Freedom of Information Act the requested information is not held.

This aspect of your complaint is, therefore, not 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

Yours sincerely,

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