14 October 2009

Mr G Cant

Via email ([FOI #17826 email])

Our ref: CS/09/094/HJP

(Please quote our reference when contacting us)

If telephoning contact Hilary Pook on 020 7217 4734

or if using email send to: [email address]

Dear Mr Cant

Request for information

Further to your email of yesterday, and our telephone discussion, I am writing with a further response to your request of 9 September. This is not a review of the handling of your request.

You explained on the telephone that you also wanted to list of posts and numbers in post for Corporate Services jobs. I set this out below:

Corporate Services

Based in the London office:

Deputy Chief Executive and Secretary: 1 full-time

PA to Deputy Chief Executive and Secretary: 1 full-time

Business Manager: 1 full-time

Legal Assistants: 2 full-time

Project Co-ordinator: 1 full-time

Head of Human Resources: 1 full-time

HR Manager: 1 part-time

Senior HR Adviser: 1 full-time

HR Administrator: 1 full-time

HR Assistant: 1 part-time

Head of Communications: 1 full-time

Communications and Records Manager: 1 full-time

Communications Officer: 1 full-time

Publicity and Information Assistant: 1 full-time

Communications Assistant: 1 part-time

Head of Information Technology: 1 full-time

IT Technicians: 2 full-time

Head of Finance and Estates: 1 full-time

/…

Financial Controller: 1 full-time

Accounts Assistants: 3 full-time

Facilities Manager: 1 full-time

Facilities Assistant: 1 full-time

Based in the York office:

Systems Administrator: 2 part-time

Research Assistant: 1 full-time

IT Technician: 1 full-time

Administrator, Communications: 1 full-time

Principal Facilities Manager: 1 full-time

Facilities Officer: 1 full-time

Facilities Assistant: 2 part-time

Cleaner: 2 part-time

Based in the Coventry office:

Communications Project Officer: 1 full-time

Facilities Officer: 1 full-time

Facilities Assistant: 1 full-time

IT Technician: 1 full-time

You also explained that when you asked for “the professional capacity of each office in relation to each office for: (1) legal qualifications (2) accountancy qualifications and (3) other suitable professional experience” you were referring to the qualifications held by post holders, not the requirements of their jobs.

As I explained to you on the telephone, in many cases these qualifications are held by one or two people (particularly if the information is broken down by office) and so by giving you actual qualifications held I would be giving personal data of individual members of staff who could be identified. Section 40(2) of the Freedom of Information Act exempts disclosure of personal information about third parties if disclosure would contravene any of the eight Data Protection Principles (set out in the Data Protection Act 1998). One of these is that “Personal data shall be processed in accordance with the rights of the data subjects”. My view is that our staff would not expect their qualifications to be disclosed in this way, and that it would contravene their rights to do so.

However, this is not an absolute exemption, and I have to apply the `public interest test' before applying it. This test says that information requested must be disclosed if the public interest in releasing it outweighs the public interest in withholding it. You have stated in your request that you are “looking for the professional capacity of the LGO as a suitable body for administering justice.” I believe the information I have already given you - ie the requirements for various posts and confirmation that the post holders meet those requirements - is sufficient for this purpose. In addition, I have informed you on the telephone that we have a contract for obtaining legal advice, which includes using external legal firms when we need to, so the legal qualifications of particular members of staff is not the limit of our legal resources anyway. The public interest in withholding it this information is to maintain the confidence of our staff and the Commission's reputation as a fair employer. I therefore take the view the public interest in disclosing the information does not outweigh the public interest in withholding it.

That concludes my response. If you feel I have not dealt properly with your request, you have the right to appeal and, should you wish to do so, I can supply a copy our internal complaints procedure. If you do request an internal review - can you please indicate why you are unhappy with my response. You also have the right to apply to the Information Commissioner to determine whether your request has been properly dealt with. You should note however that the Commissioner will not consider any complaint where you have not first exhausted our internal complaints process or where there has been undue delay in contacting him. You will be able to obtain further details of the Information Commissioner's role from the website on www.ico.gov.uk.

Yours sincerely

Hilary Pook

Hilary Pook (Ms)

Communications and Records Manager

/…

LGO 01 (03/08)