Dear Nicola

Reference Number: FOI/RAP/07/10/2307

I have been informed that you have requested a review of the above Freedom of Information request made by you on 15 June 2010. Hertfordshire County Council did not respond to the request until you requested the review.

I am a solicitor employed by Hertfordshire County Council and I have reviewed your request under our internal review procedures. In carrying out such a review I have had sight of your original request and our response.

I understand your original request was as follows:

“Can you please tell me the following:

1. How you procure Construction Consultancy Services
2. How you procure Construction Contractors
3. If by your own framework, please tell me:
a. The titles and content of the relevant frameworks
b. Who is on the current frameworks
c. The start and end dates of the frameworks
d. Any possible extension periods to the frameworks
e. The name and contact email of person responsible for the
frameworks.”

Under Section 1 of the Freedom of Information Act 2000 (FOI) a public authority has the duty to inform an applicant whether or not they hold the information requested. This is known as the duty to confirm or deny.

Under Section 10(1) a public authority must inform the applicant in writing whether it holds the information requested and if so, communicate that information to the applicant, promptly, but not later than 20 working days after receipt of the request.

This was not done.

Your request was received by the Customer Services Centre however this request was not forwarded to the Information Governance Unit as the Customer Service Centre Advisor thought it was a repeat request of FOI/FRS/06/10/2197 to Hertfordshire Fire and Rescue.

For your information Hertfordshire Fire and Rescue are part of Hertfordshire County Council and not a separate entity.

The Customer Service Centre advisor who dealt with the two similar email FOI enquiries made a judgment, which is contrary to the agreed call handling procedure and he decided that the second enquiry duplicated the first and did not, therefore, process it and forward it to the Information Governance Unit. This has been drawn to the Customer Service Centre manager's attention for action.

All staff who deal with hertsdirect emails will be reminded, as a matter of priority, to process every email that arrives by either answering it or escalating it to the correct team.

The written procedure for call handling will be amended as necessary.

Conclusion

On reviewing your request for information under the Freedom of Information Act I consider that Hertfordshire County Council did not comply with the requirements of the Act.

I trust that this letter fully explains why you did not receive a response and the actions that have been taken to ensure that it can not happen again.

I understand that the Information Governance Unit supplied you with the requested information on 26 July 2010.

This now brings the County Council's internal review into the handling of your request for information to an end. However, if you remain dissatisfied you are entitled to ask the Information Commissioner to investigate your complaint. You can write to him at FOI/EIR Complaints Resolution, Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours faithfully

Judith Gower

Solicitor