Date: 30 March 2010

Ref: RFI 6020439

Enquiries: Peter Swingler

E-Mail: [email address]

J. Smith

By Email: [FOI #24569 email]

Dear J Smith

Application for Internal Review - Freedom of Information Act 2000 - Request for Information relating to correspondence/motorcycle parking

I refer to our acknowledgement email dated 1 March 2010.

We have considered your appeal against the decision in relation to your request for access to information pursuant to the Freedom of Information Act 2000. We have also considered information from the Culture and Environment department regarding the Council's response to your request.

Our decision is that your appeal is not successful.

The reasons for our decision are:

Having reviewed your initial request for information, the Panel agrees with the Culture and Environment department that the information you have requested is contained within the Publication Scheme, which can be accessed via the Council's website. The link was provided within the previous reply sent to you by Shawn Alexis on 23 February 2010.

As a result, the reply from Shawn Alexis was correct in referring to an exemption applying under Section 21 of the Freedom of Information Act 2000, namely `information reasonably accessible to the applicant by other means'.

With regard to the second aspect of your email of appeal dated 25 February 2010, namely whether a request for information might be submitted from the www.whatdotheyknow.com website, the Panel noted that an appropriate response was given direct to you by Shawn Alexis by email dated 1 March 2010. Namely, there is a direct point of contact for the Council's Appeals Panel, and there was nothing intended to imply that you could not submit a request or appeal from your website.

The Panel draws attention to the guidance issued by the Information Commissioner, namely that

“Any correspondence could include a request for information. If it is written (this includes email), legible, gives the name of the applicant, an address for reply (which could be electronic) and includes a description of the information required, then it will fall within the scope of the legislation.”

For the above reasons, this reply constitutes a Refusal Notice within the meaning of the Freedom of Information Act 2000.

If you are not satisfied with the manner in which your appeal was handled you should contact the Information Commissioner within two months of receiving this letter. The Information Commissioner will not consider complaints outside of this timeframe, except under exceptional circumstances. He can be contacted at the Information Commissioner's Office Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
Telephone: 01625 545 700
www.ico.gov.uk

Yours sincerely

Peter Swingler

On behalf of the Internal Review Panel

FOI Act

LB of Camden

30/3/10

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