Resources

Dear Graham

Re: Request for Internal Review - Request 4419

Thank you for your dated 5^th October 2009 regarding the response to your recent request to the Council (our ref: 4419).

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

Your original request to the Council was made via email on 25^th September 2009. It was received and acknowledged by the Council on the same day. A response was provided on 28^th September advising that the Council would not comment on remarks/allegations made on third party websites. You wrote to the Council again on 30^th September appealing this decision. The Council responded on 30^th September, explaining that the information you had requested was not held. You replied on 5^th October seeking an internal review of the handling of your request.

I have discussed this with Parking services and, as per our responses, this information is not held by the Council. This is clearly stated in our response dated 30^th September. Under the Freedom of Information Act, there is a right of access to information held by a public authority at the time that a request is made (section 1(4)). At the time of your request, no investigation had been conducted into the allegations made on the Nutsville website. As such no directions had been issued to staff and therefore there was no recorded information held of the description indicated by you. In addition, the Council would be unlikely to provide details of specific actions taken against a named individual as this would potentially breach their rights under the Data Protection Act, and would therefore be exempt under Section 40(2) of the Freedom of Information Act 1998.

I am satisfied that the Council correctly responded to your request for information, and has handled your request within the definition of the Act, particularly Section 1(4). I have also reviewed the initial response to your request dated 28^th September 2009 and whilst it does not respond to the questions, it does clearly state the Council's position with regard to allegations made on third party websites. In both cases, a response was provided promptly within the 20 working days stipulated by the Act, and therefore your complaint is 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

I hope this fulfils your request. Should you have any queries, please contact me at the address above.

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