David

 

The due date for responding to FOI 123103 is shown on the Respond enquiries and complaints database as 14th January which is this Thursday. The only legally valid reason for delaying a response is for considering whether or not exemptions may apply to withhold some or all of the information from disclosure. If so we should send a holding response before the 20 working days are up quoting which exemptions are under consideration and estimate the revised completion date as a prediction. The only other options are to negotiate a mutually acceptable delay with the requestor or apologise after the event.

 

 

Richard,

 

There appears to have been a problem with the processing of this FOI. Can I request a little more time, up to a week?

 

Apologies.

 

Dave

 

 

Erica,

 

This appears to have got lost. The deadline is today. I can send an interim response, but it would be helpful if we can discuss.

 

Dave

 

 

Hi Tim,

 

Re:  Andrew Culpeck – Ref: 123103

 

• Council Policy on ‘Acknowledging Enquiries’ and Policy on Councillors responding/acting upon questions raised by Constituents

 

Please see email trail below  - it seems that an email was sent to Dave Burn on 14^th December – as the officer responsible for answering the query/FOI.  I am unsure if Dave has done so.  If not – the FOI will need a response sent by the close of business today….(Tuesday 12^th Jan 2010)

 

Kind regards,

 

Sam

 

 

For attention: Democratic Services

 

FOI 123103 Referral

 

Please look at this message now (see email trail below) and establish how much time would be needed to respond to this request.

 

My view

 

Apart from factual verification that the specified emails were received (were these sent to Lambeth mailboxes or the recipient’s private email?), we need to address the following scenarios in our answer:-

Ø       emails sent to a councillor’s private email address (these are not known to the council, and are the councillor’s individual responsibility to address)

Ø       emails sent to a councillor’s Lambeth email address (although known to the council as we host the email service, these are also their personal responsibility (unless received in an official capacity such as a Member of Cabinet or as a Chairman of a Committee)

Ø       emails sent to both councillors and officers

Ø       emails sent to officers only

 

Where emails are sent to a mixed audience, then who is the primary addressee and who is cc’d in is also relevant (the action, if any, is on the main addressee).

 

Do we have any formal defined policies on acknowledgement/response timescales for answering business as usual emails from the public and addressing issues raised? Does the Members Code of Conduct specify anything on this?

 

Where an email is designated or treated as an FOI clearly the statutory timescale applies but councillors individually (unlike the council as an organisation) are not “public authorities” for the purpose of FOI and so are not bound by that legislation.

 

 

Dear Mr Culpeck

 

FOI Acknowledgement

 

Thank you for your FOI Request, as below. Please quote our ref 123103 in any further correspondence about this request.

 

We anticipate responding within the statutory period of 20 working days following the date of receipt, in this case by 12/01/10.

 

Thank you for your interest in Lambeth Council.

 

Richard Gardner

Information Compliance Adviser

London Borough of Lambeth

ICT Services

Finance & Resources

 

tel: 020 79267741

www.lambeth.gov.uk

3rd Floor, Ivor House, 1 Acre Lane, London, SW2 5SD

 

Lambeth - Making a difference

 

 

-----Original Message-----
From: Andrew Culpeck [mailto:xxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx]
Sent: 10 December 2009 12:56
To: FoI
Subject: Freedom of Information request - Email Sent to councillors

 

 

     Dear Lambeth Borough Council,

    

     My I have confirmation the following emails have been received.

    

     To: N Haselden

     Subject: Partners in Parking (PiP) meeting Monday 7th December 2009

     Date and time: Friday, 4 December, 2009 12:01

    

     To: A Aminu, M Cameron, T J Smith

     Subject: Westminsters PiP

     Date and time: Saturday, 5 December, 2009 11:36

     

     I would also like to know what to expect in the future when trying

     to contact those I employ to represent me on Lambeth council. So

     can you answer the following questions.

    

     Can you confirm what the council’s policy is on acknowledging?

    

     Any policy on confirming that councillors will look into matters

     raised in emails?

    

     Yours faithfully,

     A Culpeck

    

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