S. Thom [FOI #42533 email]
22.10.10
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ADRAN RHEOLWR GYFARWYDDWR/ DEPARTMENT OF THE MANAGING DIRECTOR
LYNN BALL LL.B., (Hons.)Cyfreithiwr/Solicitor CYFARWYDDWR GWASANAETHAU CYFREITHIOL A PHWYLLGORAU/SWYDDOG MONITRO / DIRECTOR OF LEGAL AND COMMITTEE SERVICES / MONITORING OFFICER
CYNGOR SIR YNYS MON / ISLE OF ANGLESEY COUNTY COUNCIL Swyddfa'r Sir / Council Offices LLANGEFNI Ynys Môn / Anglesey LL77 7TW
DX: 701771 - LLANGEFNI
ffôn / tel: (01248) 752588 ffacs / fax: (01248) 752132
E-Bost - E-mail: [email address]
Ein Cyf - Our Ref. BJ/CCO/155 Eich Cyf - Your Ref.
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Dear S. Thom,
CORPORATE COMPLAINTS AND COMPLIMENTS PROCEDURE - Application for a review of a decision to withhold information under the Freedom of Information Act.
Further to my letter dated 7.10.10, I enclose herewith the decision of the review meeting held on 13.10.10.
If you are not satisfied with the outcome of the review, you may appeal to the Information Commissioner, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF.
If I can be of any further assistance, please do not hesitate to contact me.
Yours Sincerely,
Beryl Jones
Beryl Jones,
Customer Care Officer.
Internal Review on the decision to withhold information under the Freedom of Information Act - CCO / 155 - S. Thom
Further to the request dated 28.9.10 and my letter dated 7.10.10 with regard to your request for an internal review into the way your freedom of information application has been processed, this is a notice of the decision reached by the Review Panel.
The review meeting was held on the 13th October, 2010. The Corporate Information Officer, the Compliance Officer and Chief Administration Officer for the Service and the Corporate Customer Care Officer were in attendance.
Background :
The request for information about the cost of sending Deaf children of secondary school age to school in England from Anglesey was received on 23.7.10 and receipt of the same was acknowledged on the same day. A supplementary request was subsequently submitted for residential fees for the same group of children on 24.7.10.
On 18.8.10 an e-mail was received asking if the follow up request had been received. A response to this e-mail was sent out in the same day by Mrs M. Owen of the Education Department detailing the held information as regards the first part of the request and noting that further information was required in order to respond to the second part of the request.
Further correspondence then ensued culminating in the request for an internal review on 28.9.10.
The Review Meeting
All relevant paperwork was presented at the Review meeting and the discussion centered on the following:-
That the response was overdue.
Allegations made by S. Thom that the authority is withholding information.
Failure to respond to the second question.
Following a thorough discussion and perusal of the papers it was concluded as follows:-
The response to the first question was within the 20 day limit and contained the requested information as held by the authority - it was explained that the information was not available “individually” although it was stated that the information provided related to one child only . It also appears that S. Thom is requesting information about a specific case as she insists that the information will be on “each file” and that the information is “very much available”.
The Panel asked whether there was any held information relating to escort fees/ subsistence etc and if there was whether there were any restrictions about releasing the information.
It was decided that the Council does hold information about escort fees and subsistence costs in relation to 2 children.
However, the Council is aware of the potential to inadvertently disclose personal data relating to the individual school children and their families. Therefore, the Review Panel consider that it is appropriate to disclose the total sum in this case.
2008/2010 = £10,215.74 (inclusive of travelling, escort fees and subsistence)
It is acknowledged that the response to the second question was and is outside the time limit and this is regretted. However, correspondence was ongoing and the officer was making every attempt to obtain the requested information and keeping the requestor informed. The requested information is hereby noted:-
Residential Fees relating to a school in Doncaster for September 2008 to March 2010 - the authority has only one child in a residential school in England.
September 2008 = £32,590.80
December 2009 = £39,712.33
April, 2009 = £39.712.33
July, 2009 = £40,872.00
December,2009 = £40,872.00
March, 2010 = £40,872.00
There is no record of any payments made for residential fees in England prior to September 2008.
Conclusion:-
The review found therefore that part of the requested information in relation to question 1 had been provided and that it was provided within the statutory period. The remaining information has been provided above.
As for the delay in responding to the second question, the panel requested that the Corporate Information Officer contact the Corporate Director - Education & Leisure to request that he reminds staff of their obligations under the Access to Information legislation with specific regard to the timeliness of their responses to the named FOIA officer within the Department.
In addition, the panel would apologise to S. Thom for the delay in responding and I should therefore wish to take this opportunity to express my regret at the delay referred to above and apologise to you on behalf of the Council, but trust that the information, as provided above, will be of interest.
Beryl Jones
Customer Care Officer.
21.10.10
wrk MJ/90231 |
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