Alleged Campaigns

Jaki Parsons made this Freedom of Information request to Bolton Metropolitan Borough Council

The request was successful.

From: Jaki Parsons

22 January 2010

Dear Bolton Borough Council,

Dear sir or madam,

During 2009, the Department for Children, Schools and Families
(DCSF) claimed that two related campaigns were being conducted.

1. A campaign to vilify Graham Badman, author of a report into
home education.

2. A campaign to inundate the DCSF with Freedom of Information
requests.

Recent comments by a senior official in the DCSF suggested that
these alleged campaigns might have spread to include local
authorities.

I would like you to provide me with the following information.

First, please confirm whether or not you have observed these
alleged campaigns.

Second, please confirm whether or not you have exchanged any
correspondence with the DCSF regarding these alleged campaigns.

Finally, if you have exchanged correspondence with the DCSF on this
issue then please provide me with copies of that correspondence.

Yours sincerely,

Mrs Jaki Parsons

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From: Jaki Parsons

20 February 2010

Dear Bolton Borough Council,

Dear Sir

With reference to the above request, by law, you should have
responded promptly and by 19th February 2010.

I am requesting an Internal Review so you can explain the delay in
replying to this request.

Yours faithfully,

Jaki Parsons

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Barry Moss, Sr. left an annotation (21 February 2010)

You should make the complaint to the ICO anyway, Bolton have broken the law by not replying in the required time, Bolton are always late.

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Ciaran McHale left an annotation (22 February 2010)

Barry Moss, Sr wrote: "You should make the complaint to the ICO anyway, Bolton have broken the law by not replying in the required time, Bolton are always late."

Actually, the complaints procedure involves two steps. The first step is to use the complaints procedure (called an internal review) of the local authority. Only when the requester has exhausted that option, can she complain to the ICO.

Regards,
Ciaran.

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From: Bell, Neil (Information Officer)
Bolton Metropolitan Borough Council

23 February 2010

Dear Mrs Jaki Parsons,

Request for information under the Freedom of Information Act 2000

In response to your request for information received at this office,
Bolton Council is happy to supply the following information:

Q1 First, please confirm whether or not you have observed these

alleged campaigns.

Second, please confirm whether or not you have exchanged any

correspondence with the DCSF regarding these alleged
campaigns.

A1 Bolton Council has not corresponded with the DCSF in terms of
alleged campaigns surrounding the Mr Badman

Should you have any queries regarding this, please contact me.

Yours sincerely

show quoted sections

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Barry Moss, Sr. left an annotation (23 February 2010)

Bolton had 20 working days to answer an FOIR if they did not reply within the 20 working days then they have broken the law, how much time do you want to give them to answer an FOIR.

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watchingyou left an annotation (26 February 2010)

Ciaran McHale wrote :- Actually, the complaints procedure involves two steps. The first step is to use the complaints procedure (called an internal review) of the local authority. Only when the requester has exhausted that option, can she complain to the ICO.

Ciaran McHale is wrong when the Act has been breached as it has been in this case and where the Council have breached section 10(1) of the Act in failing to comply with section
1(1)b within 20 working days following the receipt of the request there is nothing to stop a requester who wishes to make a complaint at that point from doing so.

Freedom of Information Act 2000
10 Time for compliance with request
(1) Subject to subsections (2) and (3), a public authority must comply with section 1(1) promptly and in any event not later than the twentieth working day following the date of receipt.

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Ciaran McHale left an annotation ( 7 March 2010)

watching you wrote: ``Ciaran McHale is wrong [...]''

I based my advice on information I found on the following page of the ICO website:

http://www.ico.gov.uk/complaints/freedom...

In particular, the "When can I complain?" section mentions the lack of a response within 20 working days as a valid reason to complain, and the ``Before you complain to us'' section states that the compliant should first be sent to the public authority.

Regards,
Ciaran.

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watchingyou left an annotation ( 7 March 2010)

Ciaran McHale wrote :- "I based my advice on information I found on the following page of the ICO website"

Ciaran McHale Quoted from the ICO Web Page:-

In particular, "When can I complain?" section mentions the lack of a response within 20 working days as a valid reason to complain, and the ``Before you complain to us'' section states that the compliant should first be sent to the public authority."

Please be aware that 'SHOULD' does not mean 'MUST' If the Act is breached there is nothing at all thats prevents you making a complaint about that fact.

In any case of more importance is the content of the Freedom of Information Act 2000 and not the advice from the ICO.

John Greenwood.

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Jaki Parsons left an annotation ( 7 March 2010)

Gentelmen

I appreciate the interest in Bolton Borough Council responding promptly to all requests. This information was received three days late. I am happy with the response and disappointed that they failed to respond in time.

Kind regards

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Barry Moss, Sr. left an annotation ( 8 March 2010)

Whether it be 3 days late or 3 months late a complaint should be made. the council had 20 working days not 23.

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watchingyou left an annotation ( 8 March 2010)

Jaki on 20 February 2010 you also asked for an internal review Bolton Council failed to conduct the internal review when requested to do so thereby breaching the Act once more.

John Greenwood
www.watchingyou.info

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Things to do with this request

Anyone:
Bolton Metropolitan Borough Council only: