Information Access Team
Financial and Commercial Group
Ground Floor (NW), Seacole Building
2 Marsham Street, London, SW1P 4DF
Switchboard 020 7035 4848
E-mail [email address] www.homeoffice.gov.uk
Mr Philip Collins
Our Ref: 13700
Your ref:
Request-25196-
[email address]
Date:
3 March 2010
Dear Mr Collins
Freedom of Information request (our ref 13700): internal review
I am writing further to my e-mail of 3 February about your request for an internal review of our
response to your Freedom of Information (FoI) request about vehicle clamping.
I have now completed the review. I have examined all the relevant papers and have consulted
the policy unit which provided the original response. I have considered whether the correct
procedures were followed and confirm that I was not involved in the initial handling of your
request.
My findings are set out in the attached report. My main conclusion is that your request was a
combination of requesting information under the Freedom of Information (FoI) Act and asking
for general explanations. I would like to explain that the Act obliges public authorities to
consider releasing information that is in written or electronic form, but as your request also
asked for explanations rather than information, it should have been made clear which
information was being supplied in accordance with the Act and which information was being
offered as helpful explanations. I am sorry for this oversight and have brought it to the
attention of the replying unit.
This completes the internal review process by the Home Office. If you remain dissatisfied with
the response to your FoI request, you have the right of complaint to the Information
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Commissioner at the following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely
Steve Kirk
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Internal review report
Internal review of response to a request under the Freedom of Information (FoI) Act 2000 by
Philip Collins, reference 13700
Responding Unit: Vetting and Safeguarding Policy Unit (VSPU)
Chronology
Original FoI request received:
29 December 2009
Target date to reply by:
27 January 2010
Response sent:
27 January 2010
Subject of request and VSPU response
These are listed within annex A.
Mr Collins’s request for an internal review
1.
Mr Collins submitted comments about the following responses to his request for
information:
• In questions 1 and 2, he asked which government department was responsible for the
size of signage displayed on private land and details of the relevant legislation. VSPU
said they did not know which department had responsibility and continued by
mentioning a Bil going through parliament which had no relevance to his question.
• Question 3 about a code of practice to be followed by those using wheel clamps on
private land was replied to in a very vague manner and simply did not address the
point.
Consideration of the response
2.
I attended a meeting with the relevant staff in VSPU to discuss this case. I explained
that in my view the vast majority of this request for information did not in fact fall within the
scope of the FoI Act which requires public authorities to consider releasing information that is
held in written or electronic form. The Act does not cover knowledge officials might have
gained with experience, but when such information is included in a reply it should be made
clear that that information is provided outside the scope of the Act.
3.
I also explained that there was no requirement for the Home Office to ask, as in
question 8 from Mr Collins, for any information from other public authorities, which in this case
was the Driver and Vehicle Licensing Authority (DVLA). The reply to this point should have
said that the Home Office does not hold the requested information advising Mr Collins to
contact DVLA. It would also have been good practice to provide him with a postal and e-mail
address to use. I have included this information within annex B to this report.
4.
The appropriate combined reply to questions 1 and 2 should have been that the Home
Office does not hold the requested information adding that unfortunately they could not offer
any suggestion as to which public authority might hold the requested information.
5.
Mr Collins’s question 3 asked about Security Industry Authority (SIA) licences. As the
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Home Office does not hold the requested information, it would have been appropriate to have
directed Mr Collins to that authority, again providing him with the postal and e-mail addresses.
This information is within annex B to this report.
6.
In his request for an internal review, Mr Collins raised a fresh point asking what action
motorists can take if they consider they have been unfairly treated by operators who have
displayed unclear signage about parking on private land and wil not release the vehicle
without payment of a fee. Whilst this is beyond my remit as I am considering the handling of
his earlier request for information, I asked VSPU if they hold any written or electronic
information relevant to this point, but was told that they do not.
Conclusion
7.
The VSPU team tried to deal with Mr Collins’s correspondence in a helpful manner, but
unfortunately did not specify which parts of that correspondence were being considered under
the FoI Act and which were not valid FoI requests. There can be a fine line between what
might be a valid request for information under the FoI Act and what ought to be treated as
general correspondence, but in this instance it is my view that this case would have been best
considered as general correspondence, particularly questions 4 to 7 inclusive.
Steve Kirk
Information Access Team
February 2010
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Annex A
Information requested:
1. Which government departments have the authority to regulate the size of a sign
displayed by a landowner on private land?
2. What law or legislation grants them this authority?
Response
We are not aware of any Department with responsibility specifically for regulating signage
used by vehicle-immobilisers.
Under the Private Security Industry Act 2001, the Home Office set up the Security Industry
Authority. The SIA is a Non-Departmental Public Body.
Under the Crime and Security Bil , currently before Parliament, we plan to introduce a
requirement for vehicle immobilisation businesses to be licensed by the Security Industry
Authority (SIA). Proposals within the Bil wil make it mandatory for vehicle immobilisation
(VI) businesses and their employees seeking to be licensed to follow strict conditions set
out in a code of practice by the SIA. Signage is one of the proposed areas where
conditions would be set
Information requested:
3. Yes or No, will the requirement of an SIA licence obligate those engaged in the
activity of clamping cars on private land to follow strict code of conduct
regarding clear signage and the time taken to release the car and the size of
release fees under penalty of criminal charges?
Response:
These are all matters which are likely to be covered by the proposed code of practice
Information requested:
4. Will the ‘independent appeals process’ mentioned in recent government
statements on this subject, be the course of action that will result in the criminal
charges brought against the perpetrators of clamping that does not meet the
code of conduct suggested in the same statements?
Response:
The outcome of contested release fees would not necessarily lead to direct action against the
business concerned. Responsibility for securing compliance with the conditions of a licence
wil continue to rest with the SIA and decisions on the appropriate action in relation to a
business would be for the SIA to decide. The SIA’s preferred option is to encourage
compliance with the law rather than to prosecute. In deciding on the appropriate action in
relation to a licence holder the SIA takes into account all the relevant evidence available to
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them.
The penalties and powers available to the SIA for enforcement of business licensing would
mirror those available in relation to individual licensing, including revocation or suspension of a
licence and/or prosecution.
Information requested:
5. Will the granting of a licence from the SIA to clamping firms give them limited
liability against criminal prosecution, if they fail to uphold an enforceable code of
conduct regarding clarity of signage, amount of release fees?
Response:
No. Adherence to the conditions of a licence wil be required as part of the conditions for
holding a licence, or having it renewed. However, as indicated above, the SIA wil continue to
exercise its discretion in enforcing licence conditions.
Information requested:
6. What justification is there for the police to refuse to get involved in cases of
private clamping?
Response:
This is a matter for which Chief Officers of Police are responsible, since they are responsible
for the day to day management, use of resources, policies and deployment of staff are
operational matters.
Any concerns about an individual case should be addressed to the Chief Officer of the force
concerned. The Home Office has no power to intervene or act in such cases. Where a person
is dissatisfied with the explanation received from the force, they may raise the matter with the
local Police Authority.
Information requested:
7. Is the common law charge of extortion not applicable in this case? If not, why
not?
Response:
We are not aware of any decision of the courts in England and Wales to the effect that the law
relating to extortion would prevent wheel-clamping. Only the courts could give a view on this
matter.
Information requested:
8. What is the legal status of a car whilst it is on private land, owned by someone
other than the owner of the car as compared to its legal status as a registered
vehicle while it is on public roads?
Response: (from the DVLA):
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This would appear to be a question on which you would need to seek legal advice. One
important issue, however, would be whether the vehicle was present on private land with or
without the land-owner’s permission.
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Annex B
Contact details for Driver and Vehicle Licensing Agency FoI Team
Freedom of Information D16
DVLA
Longview Road
Morriston
Swansea
SA6 7JL
E-mail: [email address]
Contact details for Security Industry Authority FoI Team
Freedom of Information
Security Industry Authority
PO Box 49768
London
WC1V 6WY
E-mail: [email address]
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