Blacklists #Number 2

Ref: FOI/2897

Dear Mr Andrews

I am writing in response to your request for information below.

I am writing to inform you that, in this instance we are refusing your
request under S12 of the Freedom of Information Act 2000.

S12 of the Freedom of Information Act 2000 states that a public
authority can refuse a request where it estimates that to do so would be
‘over the appropriate limit’. The 'appropriate limit', as laid
down in the Freedom of Information and Data Protection (Fees and
Appropriate Limit) Regulations 2004 (the 'Regulations'), is £450 which
equates to 18 hours work. R5 of the Regulations states that a public
authority can aggregate the costs of complying with multiple requests
from the same applicant made in within a 60 working day period.

In this instance we note that in the space of 3 working days you have
submitted 3 separate requests for information (15/04/2011, 18/04/2011
and 19/04/2011). On the 18/05/2011 we responded to your request
submitted on the 15/04/2011 (our ref: FOI/2809). We estimate that the
time taken to locate, extract and collate the information to respond to
this request was 18 hours.

Therefore, we estimate that the additional time to taken to respond to
the two subsequent requests made on the 18/04/2011 and on the 19/04/2011
would when, aggregated, be over the appropriate limit.

In order to progress this matter we would advise you to re-submit these
two requests separately with a period of at least 20 working days
between each. For instance we will take your request below as being
submitted today and your request regarding Social Care complaints
submitted on the 19th April should be re-submitted on the 17th June
2011.

If you have any queries regarding this matter please do not hesitate to
contact me on the details below.

Richard Ingle

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St,
Uxbridge, UB8 1UW (or via email to [Hillingdon Borough Council request email] marked for the
attention of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you
have the right to apply to the Information Commissioner for a decision.
The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire,
SK9 5AF

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19:34 >>>
Dear Hillingdon Borough Council,

Dear Sir or Madam,

I am writing to request publication of any blacklists which the
council may operate.

This would include (but not exclusive to)

- serial complainers
- violent/aggressive/abusive persons
- troublemakers
- campaigners/activists

I would also request information on the distribution/circulation
of
these lists.

I would also request the following;

1. All lists since 2007
2. Distribution list for all lists
3. the title/reference of all lists
4. storage information on all lists (where stored, who has
access)
5. Copies of all review materials in the last calender year
6. name of staff member raising the entry on the black list

I am happy to receive publication of these lists with personal
details redacted.

Yours faithfully,

Mr Paul Andrews

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Dear Mr Andrews

I am writing in further to my email below

I can confirm that we are processing your request but we would
appreciate it if you could clarify one aspect of your query

In particular can you clarify what you mean by
3. the title/reference of all lists
are you simply asking for the name of each list?

If you have any queries regarding this matter please do not hesitate to
contact me

Richard Ingle

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St,
Uxbridge, UB8 1UW (or via email to [Hillingdon Borough Council request email] marked for the
attention of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you
have the right to apply to the Information Commissioner for a decision.
The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire,
SK9 5AF

show quoted sections

Ref: FOI/2897

Dear Mr Andrews

I am writing in response to your request for information below.

I am writing to inform you that, in this instance we are refusing your
request under S12 of the Freedom of Information Act 2000.

S12 of the Freedom of Information Act 2000 states that a public
authority can refuse a request where it estimates that to do so would be
‘over the appropriate limit’. The 'appropriate limit', as laid
down in the Freedom of Information and Data Protection (Fees and
Appropriate Limit) Regulations 2004 (the 'Regulations'), is £450 which
equates to 18 hours work. R5 of the Regulations states that a public
authority can aggregate the costs of complying with multiple requests
from the same applicant made in within a 60 working day period.

In this instance we note that in the space of 3 working days you have
submitted 3 separate requests for information (15/04/2011, 18/04/2011
and 19/04/2011). On the 18/05/2011 we responded to your request
submitted on the 15/04/2011 (our ref: FOI/2809). We estimate that the
time taken to locate, extract and collate the information to respond to
this request was 18 hours.

Therefore, we estimate that the additional time to taken to respond to
the two subsequent requests made on the 18/04/2011 and on the 19/04/2011
would when, aggregated, be over the appropriate limit.

In order to progress this matter we would advise you to re-submit these
two requests separately with a period of at least 20 working days
between each. For instance we will take your request below as being
submitted today and your request regarding Social Care complaints
submitted on the 19th April should be re-submitted on the 17th June
2011.

If you have any queries regarding this matter please do not hesitate to
contact me on the details below.

Richard Ingle

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St,
Uxbridge, UB8 1UW (or via email to [Hillingdon Borough Council request email] marked for the
attention of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you
have the right to apply to the Information Commissioner for a decision.
The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire,
SK9 5AF

show quoted sections

ndrews <[FOI #69043 email]> 16/04/11
19:34 >>>
Dear Hillingdon Borough Council,

Dear Sir or Madam,

I am writing to request publication of any blacklists which the
council may operate.

This would include (but not exclusive to)

- serial complainers
- violent/aggressive/abusive persons
- troublemakers
- campaigners/activists

I would also request information on the distribution/circulation
of
these lists.

I would also request the following;

1. All lists since 2007
2. Distribution list for all lists
3. the title/reference of all lists
4. storage information on all lists (where stored, who has
access)
5. Copies of all review materials in the last calender year
6. name of staff member raising the entry on the black list

I am happy to receive publication of these lists with personal
details redacted.

Yours faithfully,

Mr Paul Andrews

show quoted sections

Ref: FOI/2897

Dear Mr Andrews

I am writing in response to your request for information below.

I can confirm that the London Borough of Hillingdon holds the following registers/lists

- serial complainers
not held

- violent/aggressive/abusive persons
held - see below for more details

- troublemakers
not held

- campaigners/activist
not held

The London Borough of Hillingdon operates a 'Restricted Persons Register' of violent or potentially violent service users. This Register is maintained as the London Borough of Hillingdon has a duty of care to protect its employees from violence in the workplace and is maintained in accordance with guidance from the Information Commissioners Office.

There is no distribution list. Members of staff only have a limited ability to search the register with exact specific details and only results matching the search criteria will be displayed including the restrictions imposed. The Register is only available to employees of the London Borough of Hillingdon and is not shared with, or disclosed to, any 3rd parties.

Please find attached each updated version of the register since 2007. Please note that, in accordance with S40 (3) (a) i(i) of the Freedom of Information Act 2000 (which provides that information is exempt from disclosure where it comprises personal data and where disclosure would breach any of the provisions of the Data Protection Act 1998), all identifying information has been redated from the this information in line with the advice from the ICO in response to your previous request on this topic. In regards to the names of staff raising the entry we are of the view that, where held, this information would comprise personal data and that disclosure would breach the fair processing provisions of the Data Protection Act 1998 as disclose of this information in this context would be beyond the reasonable expectations of those members of staff and would constitute unfair processing in breach of Principle 1 of the Data Protection Act 1998 and such is exempt under S40 (3) (i) (a) of the Freedom of Information Act 2000. There is no review materials as entries are automatically removed at the point of expiry

I trust this provides the information that you are seeking.

If you have any queries, or if you wish to discuss this matter please do not hesitate to contact me on the details below.

If you wish to request an internal review of our response you should write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St, Uxbridge, UB8 1UW (or via email to [Hillingdon Borough Council request email]marked for the attention of the Office Managing Partner).

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review, you have the right to apply to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Richard Ingle
Data Protection &
Freedom of Information Officer

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

Please note, all material provided by the London Borough of Hillingdon in response to your request for information is for your personal, non-commercial use. The London Borough of Hillingdon reserves all rights in the copyright of the information provided. Any unauthorised copying or adaptation of the information without express written confirmation from The London Borough of Hillingdon will constitute an infringement of copyright. Any intention to re-use this information commercially will require consent. Please forward any requests for re-use of information to the Freedom of Information officer.

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Dear foi,

Yes the name of each list or any reference which the Council uses
to identify.

Yours sincerely,

Mr Andrews

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Dear Mr Andrews

I am writing in response to your two emails requesting an internal
review of response to your Freedom of Information request regarding
'black lists'.

Before considering this under our internal review procedure, I am
addressing this matter informally by providing further
information/clarification of our response

As stated in our response of the 20th June 2011 the redactions applied
in the case were in line with the disclosures agreed by the Information
Commissioners Office in regards to your previous request on this topic.
The Freedom of Information Act 2000 applies to information not
documentation and there is no obligation to supply the 'actual listings
with redactions' applied', it is sufficient to provide the information
that is not exempt along with a refusal notice as to why the information
is not being supplied which has been done in this instance.

Secondly, in regards to the staff names. Again, as above, the
redactions applied in this instance were in line with the disclosure
agreed by the Information Commissioners Office. Furthermore, in our
response of the 20th June 2011 you will note that we refused this aspect
of your request on the grounds that the information is personal data and
that the disclosure of the information would breach the Data Protection
Act 1998 and as such is exempt S40 (3) (i) (a) of the Freedom of
Information Act 2000. To expand on this point, the staff members
raising entries onto the restricted persons register (i.e who are
subject to the behaviour, at risk from the behaviour) are, in the most
part going to be junior members of staff and would have a reasonable
expectation that this information would not be disclosed and disclosure
would amount to a breach of the unfair processing provisions of
Principle 1 of the Data Protection Act 1998, in addition to this there
is no condition for processing satisfied. Furthermore, it also needs to
be taken into account that disclosure of the member of staff involved in
an incident would also contribute to the identifiability of the
individual who was subsequently placed on the register. This is also,
notwithstanding, the time it would take to locate, extract and collate
the information from the original records which is likely to be an
extensive amount of time and would be in excess of 18 hours of work as
this information is not recorded on the register entry. As you are
aware S12 of the FOIA S12 of the FOIA states that a Public Authority is
not obliged to respond to a request for information under S1 of the FOIA
where it estimates that the cost of doing so would 'exceed the
appropriate limit'. The 'appropriate limit', as laid down in the
Freedom of Information and Data Protection (Fees and Appropriate Limit)
Regulations 2004 (the 'Regulations'), is £450 which equates to 18 hours
work.

If you have any queries regarding this matter please do not hesitate
contact me

Richard Ingle

Data Protection &
Freedom of Information Officer
Legal Services (3E 04)
London Borough of Hillingdon
Civic Centre
High Street
Uxbridge
UB8 1UW
01895 55(6923)

If you wish to request an internal review of our response you should
write, within 2 months, to:

Office Managing Partner, Legal Services, Civic Centre, High St,
Uxbridge, UB8 1UW (or via email to [Hillingdon Borough Council request email] marked for the
attention of the Office Managing Partner).

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you
have the right to apply to the Information Commissioner for a decision.
The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire,
SK9 5AF

show quoted sections

21:01 >>>
Dear Hillingdon Borough Council,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Hillingdon Borough
Council's handling of my FOI request 'Blacklists #Number 2'.

The first list I opened demonstrates that this does not contain
all
the information on the list. There is no column for the identity
of
the individual(s) to whom restrictions have been applied.

As such it is clear this is a doctored list for the benefit of
this
application. I have requested the actual listings with redactions
applied. This does not satisfy the request which has been made
and
I therefore request a full review of the information released.

Mr Paul Andrews
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/bl...

Yours faithfully,

Mr Andrews

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