Audit report/Summary of findings

Dear Marcin Musial

Your request for information

Thank you for your request for information about Audit Reports. Your
request was received on 31 October 2011 and I am dealing with it under the
terms of the Freedom of Information Act 2000.

In some circumstances we may charge for information. If there is a charge
I will let you know as you will have to pay it before we deal with your
request.

Some information does not have to be released under the Freedom of
Information Act. We will check the information you have asked for and send
you as much as possible. If another person or organisation is named in the
information we may have to ask their opinion before we decide what we can
give you.

 

You should expect to receive a response to your request on or before 28
Novemeber 2011, in line with the Acts 20 working day statutory deadline.

 

For your information we may publish the response to your request on our
City Council's website, which can be found at the following address:
[1]www.stoke.gov.uk.

 

If you have any queries about this email please do not hesitate to contact
me.

Yours sincerely,

Information Rights

 

 

Information Rights | Support: Business Services 

City of Stoke-on-Trent 

GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH

t 01782 232853

e [2][Stoke on Trent City Council request email]

 

 

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Dear Mr Musial
I refer to your request for information from the City Council.

After careful consideration it has been decided that the more appropriate legislation under which to handle ths request will be the Environmental Information Regulations 2004.

Under Regulation 7(1) of these regulations it is necessary to extend the deadline for response due to the complex nature of the request.

You should therefore receive a response before the 28th December.

Regards

FOI Team

Stoke-on-Trent a Host Community for the London 2012 Olympic Torch Relay

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Dear Mr Musial
Thank you for your very prompt response.

Unfortunately the Council is required in law to process reqests for information under the appropriate legislation regardless of that under which the request was made.

In this case the subject matter falls under the definition of environmental data as described in Regulation 2(1)(f) and 2(1)(c)of the Environmental Information Regulations 2004 (EIR) so this would mean that it would be exempt from disclosure under the Freedom of Information Act Section 39.

From the requester's point of view EIR is actually more powerful as there are considerably less exceptions to release than under FOI and the timescales on the extension potentially shorter ( FOI is a reasonable time and EIR only 20 days)

The Department involved wishes to ensure that as much material as possible can be supplied to you which is why we have applied the extension in time however you can appeal the extension if you wish by writing to the Freedom of Information and Data Protection Manager, Support: Business Services, Stoke Town Hall, Glebe Street, ST4 1HH or email [Stoke on Trent City Council request email].

If, after contacting us, you are not content with the outcome, you may ask the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless you have already used our appeal procedure. The Information Commissioner can be contacted at: The Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Regards

FOI Team

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Dear Mr Musial

In response to your email :- the request , or rather the information, is regarded as complex as there are a number of officers who need to be consulted and the implications of release on any investigation need to be carefully considered.

I notice that you are not content with our decision to handle this matter under EIR. Our reasoning for this is that regulation 2(f) which includes in the definition of environmental data - relating to built structures and conditions of human life. This is taken to also include the definition at regulation 2(c)- adminstrative measures. The decision on the appropriate legslation is not taken until later in the process as the nature of the information requested is not known at the start and , if all information is to be released or there is to be no extension on time then the actual legislation is, in the most part, irrelevant which is why you have only just been notified. You may wish to note that the EIR is actually more helful to the requester than FOI as it includes fewer exceptions and stricter timescales. Had FOI been applied then the Council could have imposed a reasonable period to apply the pubic interest test and all exceptions under EIR ( except personal data) are subject to the public interest test.

I have been informed that the data you have requested will soon be available, subject to any exceptions which may apply.
and, whilst I appreciate that it is frustrating to have to wait, you may wish to see the information before we carry out our assessment of your request.

Regards

FOI

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Many thanks, I will keep you informed as to progress.

Regards

FOI

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Dear Mr Musial
 
Your request for information
 
We have now considered your request for information further and can advise
you that your request has been dealt with under the Freedom of Information
Act 2000. Please accept my apologies for any confusion in regards to under
which legislation your request was dealt with.
 
Although we do hold the information that you have asked for, unfortunately
it is exempt under section 36 of the Freedom of Information Act and will
not be released. Section 36(2)(b)(i) and 36(2)(b)(ii) of the Act  allows
us to withhold information if it would or would be likely to inhibit the
free and frank provision of advice or the free and frank exchange of views
for the purposes of deliberation and Section 36(2)(c) allows us to
withhold information if in the reasonable opinion of a qualified person,
disclosure of the information would otherwise prejudice, or would be
likely otherwise to prejudice, the effective conduct of public affairs.
 
This exemption applies because release of the information would be likely
to inhibit the ability of the Council to conduct its business and inhibit
employees from providing free and frank advice or exchange of views during
the audit process.
 
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it. This is because
it's not in the public interest to inhibit a public authority's ability to
effectively conduct internal audits.
 
If you have any queries about this email, please do not hesitate to
contact me.
 
If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you should write to: Freedom of Information and Data Protection Manager,
Support: Business Services, Stoke Town Hall, Glebe Street, ST4 1HH or
email [1][Stoke on Trent City Council request email].
 
If, after contacting us, you are not content with the outcome, you may ask
the Information Commissioner for a decision. Generally, the Information
Commissioner cannot make a decision unless you have already used our
appeal procedure. The Information Commissioner can be contacted at: The
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF.
 
Yours sincerely,
Information Rights
 
 
Information Rights | Support: Business Services 
City of Stoke-on-Trent 
GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH
t 01782 232853
e [2][Stoke on Trent City Council request email]
 

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Dear Mr Musial,
 
SOT11478 Freedom of Information Internal Review regarding your request for
information about the Audit report/Summary of findings
 
Thank you for your correspondence requesting an Internal Review, which was
received on 6/01/2012, regarding your request for information about the
Audit report/Summary of findings.
 
An internal review is not a statutory requirement and there is no
statutory timescale for the Council to respond.  However the Council does
offer an internal review and it does aim to deal with these quickly and
where possible within 20 working days.  However sometimes this is not
possible, but please be assured that we will conduct a review and you will
receive a response.
 
If you have any queries about this email please do not hesitate to contact
me.
 
Yours sincerely,
Information Rights
 
 
Information Rights | Support: Business Services 
City of Stoke-on-Trent 
GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH
t 01782 235965
e [Stoke on Trent City Council request email]
 

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SOT11478 Freedom of Information Internal Review regarding your request for
information about the Audit report/Summary of findings
Dear Mr Musial,
 
We have now conducted an Internal Review regarding your request for
information about the Audit report/Summary of findings.  Firstly we wish
to apologise for any confusion caused in respect of this matter.
 
We can confirm that your Internal Review has been not been upheld.  Please
find the explanation for this below.
 
A view was taken by a member of the Information Rights Team that the
Environmental Information Regulations (EIR) would apply.  However,
subsequent legal advice from the Assistant Director (Legal Services)
indicated that this was outside the scope of the EIR and should be dealt
with under the Freedom of Information Act (FOIA).  Section 36 was then
applied and following a review of this matter, the qualified person
remains of the opinion that Section 36 continues to apply in these
circumstances.  The essential reasoning behind using the FOIA as opposed
to the EIR was that your request was for an Audit Report relating to the
financial and procedural aspects of a property demolition and not
information on the demolition itself or its effect on the environment.
 
If you have any queries about this email, please do not hesitate to
contact me.
 
If you are still not content with the outcome, you may ask the Information
Commissioner for a decision.
 
The Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF.
 
Yours sincerely,
Information Rights
 
 
Information Rights | Support: Business Services 
City of Stoke-on-Trent 
GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH
t 01782 235965
e [1][Stoke on Trent City Council request email]
 

Stoke-on-Trent a Host Community for the London 2012 Olympic Torch Relay
 
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Our vision is to provide Excellent Services, Valued by Customers, if you
think we have given you a good service, please click here to find out
about our awards: [2]www.stoke.gov.uk/wowawards
 

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References

Visible links
1. mailto:[Stoke on Trent City Council request email]
2. http://www.stoke.gov.uk/wowawards

Dear Mr Musial,

 

Your request for information on Boothen Methodist Audit Report

 

We have now considered your request for information and unfortunately some
of it is excepted for release under the Environmental Information
Regulations 2004 under the following regulations and will not be provided:

 

Regulation 12(4)(d) Report is still in the course of completion

Regulation 12(4)(e) Disclosure of internal communication

Regulation 12(5)(b) Adversely affect ability of public authority to
conduct an inquiry of a criminal or disciplinary nature

Regulation 12(5)(c) Intellectual property rights

Regulation 12(5)(e) Commercially confidential

Regulation 12(5)(f) Information provided in confidence 

 

A copy of the information which can be provided is attached.  Please note
that where we have redacted information, we have marked it with the
appropriate exception that has been applied in each case.

 

It is considered for each exception that the public interest in
withholding the information is stronger than the public interest in
disclosing it.  This is because the auditors would feel unable to provide
free and frank advice through their reports if they were aware that these
would be made available to the public.  Also persons interviewed would be
less likely to be open with their information and views thus weakening the
process and thereby reducing the usefulness of an audit report in terms of
free and frank exchange of views when being complied and/or deliberated
on.

 

The provision of robust audit findings and advice is a crucial part of the
operation of a public authority.  Any weakening of the system would
significantly damage the effectiveness of the local authority in this
respect.

 

If you have any queries about this email, please do not hesitate to
contact us.

 

The Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.

 

Yours sincerely,

Information Rights

 

Information Rights | Customer Access

Chief Executives Office

City of Stoke-on-Trent 

GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH

t 01782 235965

e [1][Stoke on Trent City Council request email]

Stoke-on-Trent a Host Community for the London 2012 Olympic Torch Relay
 
**********************************************************************
Our vision is to provide Excellent Services, Valued by Customers, if you
think we have given you a good service, please click here to find out
about our awards: [2]www.stoke.gov.uk/wowawards
 

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References

Visible links
1. mailto:[Stoke on Trent City Council request email]
2. http://www.stoke.gov.uk/wowawards

Dear Marcin,
 
Thank you for your correspondence below.  Please find the information that
you have requested, we hope that this assists you and we apologise for any
inconvenience that may have been caused.
 
Regulation 12(4)(d) Report is still in the course of completion
This exception applies because the Internal Audit Report regarding the
Funding of the Demolition of Boothen Methodist Church is still in draft
and therefore the final report has not been completed.  It is felt that
the Council would be prejudiced if this report was disclosed while in
draft form, as amendments may be required which could alter the content or
recommendations contained in the Report.
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it.  This is because
the public interest is best served in the Council being able to conduct
fair and robust audit function with a view to improving the services which
it delivers.
 
Regulation 12(4)(e) Disclosure of internal communications
This exception applies because the disclosure of the requested information
may result in:
1.Officers of the Council being inhibited to provide their views and
information for the purposes of Audit Functions, which could result in the
Audit Officer being unable to establish fair and robust recommendations
for the Council.
2.The Audit Officer would feel inhibited to provide free and frank advice
and recommendations to be able to improve the Council's processes and
procedures in the future.
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it.  This is because
the public interest is best served in the Council being able to conduct
fair and robust audit function with a view to improving the services which
it delivers.
 
Regulation 12(5)(b) Adversely affect ability of public authority to
conduct an inquiry of a criminal or disciplinary nature
This exception applies because the audit investigation that the report is
the subject of is still ongoing by the Council's Internal Audit Team and
therefore disclosure of this information would adversely affect this
investigation if information was to be made public before the
investigation was complete. 
 
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it.  This is because it
is not in the public interest to adversely affect the Council's ability to
conduct audit functions with a view to improving the services which it
delivers.
 
Regulation 12(5)(c) Intellectual property rights
This exception applies because some of the information in the Report
relates to another report commissioned by a third party and therefore
Copyright belonging to this third party applies to this information and
therefore it will not be provided.  It is considered that the release of
this information would adversely affect the Council, due to the fact that
it would be in breach of Copyright and could be the subject of litigation
by the third party concerned.
 
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it.  This is because it
is not in the interest of the public purse to subject the Council to
potential of legal proceedings against it.
 
Regulation 12(5)(e) Commercially confidential
This exception applies because it is felt that the information withheld
would prejudice the commercial interests of the City Council and the
contractor if the information was published into the public domain.
 
In particular, information relating to breakdowns of pricing and a report
commissioned by the contractor would prejudice the commercial interests of
this contractor. Also the release of this information would indicate
specific arrangements which may prejudice the Council's commercial
position in respect of future negotiations with contractors.
 
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it.  This is because
disclosing the requested information may provide companies with sufficient
level of detail to determine how prices have been calculated and therefore
this would discourage commercial organisations from entering into
agreements with the council, which would counter the Council's primary
objective to obtain best value for the goods and services it purchases on
behalf of the public.
 
Regulation 12(5)(f) Information provided in confidence
This exception applies because environmental information has been supplied
for the purposes of the Audit Investigation, with an expectation that this
information will remain confidential.  As there is no legal requirement
for this information to be supplied to the Council and the information
was supplied with the expectation of confidentiality, it is considered
that this exception is engaged.
 
It is considered that the public interest in withholding the information
is stronger than the public interest in disclosing it.  This is because
the public interest is best served in the Council being able to conduct
fair and robust audit function with a view to improving the services which
it delivers.
 
Yours sincerely
 
Information Rights
 
 
Information Rights | Customer Access
Chief Executives Office
City of Stoke-on-Trent 
GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH
t 01782 235965
e [Stoke on Trent City Council request email]
 
 

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Dear Mr Musial,
 
The City Council is now considering the decision notice served by the
Information Commissioner, you will hear from us in due course.
 
Yours sincerely
 
Information Rights
 
Information Rights Team
Customer Feedback & Information Rights Team, People – Adult &
Neighbourhood Services
City of Stoke-on-Trent 
GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH
t 01782 235965
e [1][Stoke on Trent City Council request email]
 
 

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Dear Mr Musial,

Thank you for your email below. The council has the right to decide whether it wishes to comply with the decision notice or appeal against this decision to the First-tier Tribunal (Information Rights) and this is the decision it is considering.

Yours sincerely

Information Rights

Information Rights Team
Customer Feedback & Information Rights Team, People – Adult & Neighbourhood Services
City of Stoke-on-Trent 
GF23 Stoke Town Hall  Glebe Street  Stoke-on-Trent  ST4 1HH
t 01782 235965
e [Stoke on Trent City Council request email]

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