Dear Mr Fleetwood

I am writing in response to your email of 7 April 2009 in which you requested an internal review of the Vehicle and Operator Services Agency's (VOSA) decision not to disclose the information you requested in your email of 9 March 2009.

I have conducted an internal review of your original request in accordance with VOSA's Freedom of Information complaints procedure as set out in our letter of 23 March 2009. I have seen your original request, i.e. “the dates and times from this day forward when VOSA will be carrying out vehicle inspections on the A5 (Nescliffe by-pass, Shropshire)” and our response to you.

Our response of 23 March 2009 confirmed that VOSA hold the information requested. It also confirmed that Section 31 of the Freedom of Information Act 2000 (FOI Act) has been applied and VOSA had decided not to release the information requested. A copy of the public interest test setting out the reasons why the public interest favours withholding the information was enclosed with the letter.

Although VOSA confirmed that it holds the information requested, it should have clarified that its duty under Section 1 of the FOI Act is in relation to information held at the time the request is made. Therefore, your request for information “from this date forward” cannot apply to information on vehicle inspections at the A5 Nescliffe by pass temporary site beyond the inspection dates known, if any, at the time your request was made.

I note that in laying out the stand-alone purposes and qualified purposes with related specified purposes of Section 31 of the FOI Act in our letter of 23 March 2009 we did not transpose the text correctly from the public interest test. I can confirm that the public interest test lays out the correct purposes of Section 31 that were applied. I am sorry for any confusion this administrative error may have caused.

In reaching its decision to withhold the information VOSA had to balance the public interest in withholding the information against the public interest in disclosing the information, and decide where the public interest best lay. I believe the factors and reasons considered have been clearly explained in the public interest test.

The balance of the public interest in withholding the information against the public interest in disclosing it has been reassessed. VOSA's remit includes the enforcement of road safety legislation such as the Road Traffic Act 1988 (as amended). The release of the requested information may very well prejudice the Agency's enforcement activity. On balance the public interest is best served through withholding the information requested. VOSA is satisfied that the initial decision should be upheld.

If you are not content with the outcome of this review, you have the right to appeal directly to the Information Commissioner's Office. Its contact details are:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

www.ico.gov.uk

01625545745

Yours sincerely

Joanne Warden

VOSA Corporate Office

Corporate Office

Berkeley House

Croydon Street

Bristol

BS5 0DA

Tel: 0117 954 3475

Fax: 0117 954 3209

Date: 23 April 2009

Ref: F0001737

From: Joanne Warden

[email address]

Glenn Fleetwood

BY EMAIL

[email address]