Our Ref: FOI/2551/10

24/9/10

Dear Mr Paulley,

Re: Freedom of Information Act 2000 complaint

I write with regard to your request for internal review dated 16 August 2010. I have looked into this matter and have established the following;

A response to your original request was sent to you on 27 July 2010. You were informed in our response to question 1 that the information was not routinely collated, however, you came back to clarify your request and ask for further detail.

We responded to this further request to state that we were unable to provide any further information. In order to provide the detail we would need to search through a very large number of files to extract the information. This would take us over the statutory cost ceiling of £450 and therefore your request was refused under section 12 of the Freedom of Information Act 2000.

You further requested that personnel be asked if they could recall any instances of abuse and eviction from memory. Social Care and Health have indicated that they would not wish to respond to formal requests through anecdotal or unsupported recollections. There is no duty on the public authority to provide information that is not held or ask employees to submit a response based upon personal experience or memory

I find that in response to your request for internal review the authority was correct to apply section 12 as to search through the 1495 residential files would take us over the statutory cost ceiling. I am satisfied that in that in choosing not to respond, the Social Care and Health Directorate have not breached the requirements of the Act.

Finally while I appreciate that other authorities may have responded. I cannot comment on their record keeping or internal structure. I am satisfied that Staffordshire County Council has acted appropriately.

If you have any further comments relating to how your request has been handled by our authority, please contact the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Philip Jones

Head of Information Governance

Philip A. Jones

Head of Information Governance

Information Governance Unit

Law and Governance Directorate

1A Bailey Street

Stafford

ST17 4BG

Telephone: (01785) 278326

Facsimile: (01785) 278362