2009/10 Service Charges Market Testing

Dear Sir/Madam

FREEDOM OF INFORMATION ACT 2000

Thank you for your email.

Your request is being considered and if the information is held you will
receive the information requested within the statutory timescale of 20
working days as defined by the Freedom of Information Act 2000, subject to
the information not being exempt.

If the time taken to meet your request is likely to exceed 18 hours, we
will contact you and ask you amend your request to bring it below this
time limit. We will assist you with suggestions of how this might be
achieved.

I may also contact you if the request needs to be clarified; this is to
ensure that we provide you with the information you require.

Please note that some information you have requested may not be provided
to you; this will only be information that can be withheld by law. In
most cases the reasons will be explained to you along with your copy of
any information that can be released to you.

Yours faithfully,

Shazna Bibi

Information Governance Administrative Assistant

Legal Services

6th Floor

Mulberry Place

London E14 2BG

020 7364 4932

[1][email address]

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References

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mailto:[email address]
2. http://www.towerhamlets.gov.uk/
3. mailto:[Tower Hamlets Homes Limited request email]

Dear Sir/Madam

FREEDOM OF INFORMATION ACT 2000 -

The Council has decided that your request for information will not be
processed on grounds of cost.

It is estimated that the cost of locating and retrieving the information
requested calculated according to the government's Freedom of Information
(Fees and Appropriate Limit) Regulations 2004 would cost approximately
£875  (35 hours)  which is in excess of the upper limit of
£450 set in the Regulations

In accordance with the Freedom of Information Act 2000 this letter acts as
a Refusal Notice.

You may wish to refine and resubmit your request so that it reduces the
cost to below this upper limit

I am sorry that your request is not being met on this occasion.

Yours faithfully

Jane Jones

Information Governance Administrative Officer

Legal Services

6th Floor

Mulberry Place

London E14 2BG

0207 364 4736

[1][email address]

You have the right to complain to the Council about this decision.  If
you wish to do this please write to:

Corporate Complaints Unit

Tower Hamlets Town Hall

Mulberry Place

5 Clove Crescent

London E14 2BG

If you are subsequently not satisfied with the Council's response to your
complaint you have a right of appeal to the independent Information
Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[2]www.informationcommissioner.gov.uk

Further information about the operation of the Act is available from the
Council's website [3]www.towerhamlets.gov.uk and the information leaflet
in public reception areas in Council buildings. 

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Please consider your environmental responsibility: Before printing this
e-mail or any other document , ask yourself whether you need a hard
copy.

References

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1. mailto:[email address]
file:///tmp/blocked::mailto:[email address]
2. http://www.informationcommissioner.gov.uk/
3. http://www.towerhamlets.gov.uk/
4. http://www.towerhamlets.gov.uk/
5. http://www.census.gov.uk/
6. mailto:[Tower Hamlets Homes Limited request email]

Dear Mr McDonald

I was sorry to hear of your concerns.

I have passed your complaint to David Galpin in Legal Services, asking
that a full investigation takes place on my behalf under Stage 3 of the
Council's Complaints Procedure.

Thank you for bringing this to my attention.

Sent of Behalf of

Isabella Freeman

Assistant Chief Executive (Legal Services)

P Think environment - do you really need to print this email?

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Please consider your environmental responsibility: Before printing this
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References

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1. http://www.towerhamlets.gov.uk/
2. http://www.census.gov.uk/
3. mailto:[Tower Hamlets Homes Limited request email]

Dear Mr McDonald

I was sorry to hear of your concerns.

I have passed your complaint to David Galpin in Legal Services, asking
that a full investigation takes place on my behalf under Stage 3 of the
Council's Complaints Procedure.

Thank you for bringing this to my attention.

Sent of Behalf of

Isabella Freeman

Assistant Chief Executive (Legal Services)

P Think environment - do you really need to print this email?

show quoted sections

Please consider your environmental responsibility: Before printing this
e-mail or any other document , ask yourself whether you need a hard
copy.

References

Visible links
1. http://www.towerhamlets.gov.uk/
2. http://www.census.gov.uk/
3. mailto:[Tower Hamlets Homes Limited request email]

Dear Mr McDonald,

Review of FOI request 4517 - Market testing and benchmarking

On 15 May 2011, you sought a review of the Council's decision of 6 April
2011 not to process your request for information on grounds of cost.

I have considered the categories of information falling within your
request and the time necessary to compile a response. It seems to me that
the information falls within the following categories -

1. The annual benchmarking survey for ALMOs and London
based local authorities for 2009/2010.

2. Internal reports.

3. Ad hoc exercises conducted in email exchanges that
have never been made the subject of report.

All of this material is likely to contain information that was either
provided to Tower Hamlets Homes Ltd subject to obligations of confidence,
or which would prejudice the commercial interests of either Tower Hamlets
Homes Ltd or the organisation providing it were it to be disclosed. It is
my view that the exemptions contained in sections 41 and 43 of the Freedom
of Information Act 2000 would apply to that extent. Section 41
(obligations of confidentiality) is an absolute exemption. Section 43 is
not an absolute exemption, but it is my view that disclosure may prejudice
Tower Hamlets Homes' ability to participate in benchmarking exercises and
in my view the public interest favours non-disclosure. Accordingly, I
think that the material must be redacted to exclude the confidential and
commercial sensitive material.

I do not see any time impediment to producing the reports in 1 and 2 above
with appropriate exclusions. To this extent I uphold your complaint and I
enclose copies of the redacted reports.

I have consulted with Tower Hamlets Homes Ltd about the time necessary to
locate emails comprising ad hoc exercises that have not subsequently been
made the subject of reports. I believe that this would require 3 days or
21 hours of officer time. In respect of this material I uphold the
initial response.

If you are not satisfied with the Council's response to your complaint you
have a right of appeal to the independent Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[1]www.informationcommissioner.gov.uk

Further information about the operation of the act is available from the
council's website [2]www.towerhamlets.gov.uk and the information leaflet
in public reception areas in Council buildings.

Sent on behalf of

Isabella Freeman

Assistant Chief Executive (Legal Services)

show quoted sections

Please consider your environmental responsibility: Before printing this
e-mail or any other document , ask yourself whether you need a hard
copy.

References

Visible links
1. http://www.informationcommissioner.gov.uk/
2. http://www.towerhamlets.gov.uk/
3. http://www.towerhamlets.gov.uk/
4. http://www.census.gov.uk/
5. mailto:[Tower Hamlets Homes Limited request email]