Resources

Dear Mr Thomas

Re: Request for Internal Review - Request 3808

Thank you for your recent correspondence regarding the Council's response to your Freedom of Information Request. Your recent correspondence relates to the apparent discrepancy between the information provided in response to your request, and a press release on the Labour Matters website. You have requested an internal review under the Council's Complaints Procedure of the handling of your request. Following consideration of your request, I am satisfied that the Council is unable to conduct a further internal review into the handling of your request. This remainder of this letter explains the Council's position as to why we are unable to meet your request.

Background

Your original request to the Council was sent on 19^th May 2009, which was received and logged by the Council on 20^th May 2009 (our reference: 3808). A response was provided to this request on 21^st May 2009. On 21^st May you sent a further email, asking the Council to confirm the accuracy of the information provided in our response.

Further correspondence chasing this additional information was sent on 24^th June. On 18^th and 28^th July 2009, you asked for an internal review to be conducted of our response to your request. An internal review was conducted and a response issued on 29^th July 2009. This review examined the handling of your request and provided additional clarification of the information provided.

On 29^th July and 20^th August 2009, you provided further correspondence regarding your request. In the email of 20^th August, you asked for further clarification of our original response in light of a press release made on the Labour Matters website. A response to this was provided on 11^th September, again confirming the information held by the Council with regard to our response to request 3808 and clarifying the apparent discrepancy.

On 11^th September you wrote to the Council asking for an internal review of the handling of your request.

Obligations under the Act

Under the Freedom of Information Act, the Council is required to respond promptly to requests for information and provide advice and assistance where it is reasonable to do so in the circumstances. Responses must contain the information held at the time the request is made, and there is no requirement to create further information. There is also no requirement under the Act to check accuracy of the information held at the time of a request.

Conclusion

Having reviewed all the correspondence associated with your original request, I am satisfied that these queries are a continuation of this matter and revisits issues already asked and answered. Your latest correspondence raises the same issue regarding the accuracy of the details provided in response to 3808 but this time relating to a press release from the Labour Matters website. The response provided by us on 11^th September addresses the issue in this context and reiterates the information provided in our internal review.

It is therefore our view that you have exhausted the Council's review procedure and that nothing further can be added by revisiting this situation again. As such, we will not be conducting a further review of the handling of your request. Neither will we enter into any further discussion of these matters with you. Should further correspondence on this matter be presented, we may consider whether or not it is vexatious within the terms of Section 14(1) of the Freedom of Information Act.

Please be advised that the Council can only respond to queries for information it holds. Any queries relating to statements made by third parties should be directed to them; in this case the Labour Matters website.

Should you be dissatisfied with any of our responses, you are entitled to contact the Information Commissioner. For your reference, I have provided his contact details below:

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Yours sincerely,

4

2

1

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