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'Common Purpose Graduates'.
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S. Thom
19.10.10
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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/156 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 18.10.10.
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 / 156 - 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 18th October, 2010. The Corporate Information Officer and the Corporate Customer Care Officer were in attendance.
Background :-
The request was for information as follows:-
“Please could you list for me how many employees of Ynys Mon Council have taken a Common Purpose Course from July 2004 to July 2010 and what position they hold with the Council.
I realise (not standing under) that Anglesey does not fund common purpose courses, I just wish to know how many employees have taken a course and what position they hold.”
The request was received on the 18th August 2010. The request for an internal review was received on 28.9.10 with a response being to the request being sent the same day.
Further correspondence ensued and has resulted in this review.
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 requested information is held and that the authority is withholding the information.
Following a thorough discussion and perusal of the papers it was concluded as follows:-
The response to the request was overdue and an apology was offered by the Senior Development Officer in her e-mailed response of 28.9.10. A new Services Manager has recently been appointed in the Human Resources Section and this is resulting in a thorough review of internal processes - one of which is responding to access to information requests. In future, there will be a more robust system for ensuring compliance with the legislation. The fact that the response was overdue in this instance is regrettable but the Panel was of the opinion that the new procedures in place should ensure that this does not occur again.
The alleged withholding of information - the response sent out to S. Thom on 28.9.10 noted that the Council does not hold the information in the format requested and that if it did it would be exempt under Section 40(2) FOIA. The applicant responded by alleging that “all information you have regarding common purpose graduates” would be held on individual employee records, as it would be the personal information of individuals which the Council has a statutory duty to protect in line with the Data Protection Act 1998.
However, the Panel were of the opinion that if the Council does not fund these courses, it could not be expected to know or keep the requested information.
Conclusion:-
The Panel found that the response was overdue. I would take this opportunity, on behalf of the Council, to apologise for this. However, the Panel was encouraged by the positive steps taken by the appropriate department to address this issue in future.
The alleged withholding of information was not upheld and as the Authority has not participated in any Common Purpose provision therefore, the information requested is not held for the purpose of Section 1 of the FOIA 2000.
Therefore, the refusal notice issued to the applicant was correct.
Beryl Jones
Customer Care Officer.
18.10.10
wrk MJ/90231 |
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