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Dear Mr Sawyer,

Re: Request for Internal Review - Request 4445

Thank you for your dated 23^rd December 2009 regarding the response to your recent request to the Council (our ref: 4445).

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 submitted your request on the 2^nd October 2009. Having not received a response by the completion due date of 30^th October 2009, you emailed the Council on the 30^th November 2009, 10^th December 2009 and the 17^th December 2009, without reply before requesting an internal review on the 23^rd December 2009 on the basis that it looked like your request had "been ignored".

Your request was originally for the following information:

In responding to this internal review I will refer to the following provisions of the Freedom of Information Act:

The Council considered whether or not you had submitted a valid request for information as the request was within a third email from yourself in relation to content posted on a third party website (Nutsville.com), and included your personal opinion about an alleged event.

Further the request did not specify whether or not you were referring to all contracts and contractors, or the contract with NSL Ltd as referenced in previous communications. It appeared that you meant the NSL contract as you used the words "as in the case" in your request. The Council considered that you had already received this information, in a previous letter (referenced FOI4278/A) whereby the Council provided the following information in respect of the obligations of the relevant contract:

"Westminster City Council (WCC) can and do deal with any area of non-compliance by our contractor using the remedial and default processes within the enforcement contract.

Throughout the contract period, the contractor shall perform the services to the contract ctandard, which shall mean that the contractor shall carry out the services in accordance with a list of articles, two of which are:

15.1.4 - all 'Legislation' relevant to the performance of the services

15.1.5 - a manner, which does not prejudice the reputation and interests of the City Council;

'Legislation' relates to all relevant Acts of Parliament and statutory regulations, instruments or orders, guidance, codes of practice, by-laws and directives and all applicable European Community Legislation, which may be in force from time to time, as any of the same may be re-enacted, amended or interpreted from time to time.

WCC expects all employees of NSL to behave in an appropriate and professional manner while conducting their enforcement duties. In addition, NSL have their own internal disciplinary process, which all of their employees are subject to."

It was, therefore, the view of the Council that this was not a valid request for information: it was believed to be either a repeated or vexatious request, as it was asking questions, which had already been at least partially answered, and it included comments to convey your personal opinion of an alleged incident.

It is acknowledged, however, that the Council did not respond to your request to inform you of their intention to not comply with it, namely they did not issue a refusal notice in respect of the application of section 14 of the Freedom of Information Act.

In conclusion, the Council was not required to comply with the request if they believed it to be a repeated or vexatious request in accordance with section 14 (1) and (2), but the Council should have issued a refusal notice in respect of the request.

For these reasons, therefore, your complaint is partially upheld.

In reviewing this request I note that you have been provided with the information that is held by the Council, in accordance with section 1 (4), which matches the scope of your request. For your reference there is also a separate request on the What Do They Know website which demonstrates the procedures in place with regard to a reported breach of the law by an NSL contractor and I provide a link here for your convenience:

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

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