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Blocking an email address

m sowerby made this Freedom of Information request to Stockton on Tees Council

The request was refused by Stockton on Tees Council.

From: m sowerby

30 May 2010

Dear Stockton on Tees Council,

From 4pm on Friday 28 May the Council have imposed a block on my
email address. This is due to a complaint I made in 2006 which was
not investigated until 2009 relating to safeguarding in a
Billingham care home. My complaint is now with the Local Government
Ombudsman.

The reason the Council give for the block is the inappropriate
content and frequency. I am only repeating the same questions as
they refuse to answer me.

What I would like to know is, can the Council legally block my
email address to all departments as I have no issues with any other
department only Children Education and Social Care.

Yours faithfully,

Michelle Sowerby

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m sowerby left an annotation ( 7 June 2010)

Stockton Council have only blocked my emails to Children, Education and Social Care on my other email account since I made this FOI request. They obviously cannot legally block me to all departments and so I would ask that they also remove the total block on my first email account.

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From: m sowerby

29 June 2010

Dear Stockton on Tees Council,

I have not received a response to my FOI request. Could you please
contact me to explain the reason for the delay. Thank you.

Yours faithfully,

m sowerby

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From: m sowerby

30 June 2010

Dear Stockton on Tees Council,

For the attention of Ged Morton

I am in receipt of your letter which says:-

"Firstly as a matter of clarification, I should confirm that the
Corporate Director has not blocked your email account or asked your
internet service provider to block your account, in the sense of
directly preventing you from using it. They would not have the
power to do this. What the Corporate Director has however put in
place is a measure so that your incoming email is not delivered to
any individual email inbox within the Council."

Letter from Jane Humphreys 28th May 2010 reads:-

"In light of this and following legal advice I am writing to inform
you that I have asked our IT department to impose a block on all
emails from your email address from 4 p.m.(today).

Please Ged Morton, can you show me where in my FOI request I have
said that the Corporate Director has blocked my email account or
asked my internet service provider to block my account.

I would like a reply to this today as you are already breaking the
law by not replying to my FOI request within the 20 working days.

Yours faithfully,

m sowerby

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From: m sowerby

30 June 2010

Dear Stockton on Tees Council,

Please reply to my request through this site and not by post. The
public have a right to know how Stockton Council handle
complainants.

My complaint concerned safeguarding in a care home for vulnerable
people and the Customer Services Manager's refusal, the Contracts
Manager's refusal and the Care Manager's refusal to investigate.
The Registered Manager of the care home denied all knowledge of the
member of staff I was concerned about and put this in writing to
the CSCI, Social Services and the service user's next of kin.

My concern, first raised in 2006 was eventually investigated in
2009. It is now with the Local Government Ombudsman.

Yours faithfully,

m sowerby

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From: m sowerby

30 June 2010

Dear Stockton on Tees Council,

Just to be clear, I cannot send an email to any department at
Stockton Council, rather than blocking my address to CESC I am
blocked from all of Stockton Council Departments. I have no issues
with any other department.

Enclosed with the letter I received today is a booklet on how the
Council handle complaints, it states that the complainant must be
told that the situation will be reviewed in either 3, 6 or 12
months time, or whatever timescale is deemed appropriate. It is one
month since Jane Humphreys informed me of the block and this is the
first I know of the review period today 30 June.

This block was imposed despite the fact that Margaret Madden the
Customer Services Manager was aware of my grief for the service
user who passed away in January this year and she had even made
enquiries within the Council for grief counselling for me. She
emailed me with details.

Yours faithfully,

m sowerby

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From: m sowerby

30 June 2010

Dear Stockton on Tees Council,

Mr Morton also says in his letter that I had made unfounded
accusations, could you confirm which accusations he is referring
to, that the Home employed a thief and allowed her unsupervised
access to the residents' rooms or that the Registered Manager had
been refused a reference from her former employer.

Yours faithfully,

m sowerby

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Mr. Figg left an annotation (15 July 2010)

Dear m sowerby

Although he council may state that they have blocked your emails they have in fact received them, you have documentary proof that they have been informed of the content of those communications.
If they fail to act on the information it makes no difference whether they say you are blocked or otherwise.
Councils do this in an attempt the obstruct people who ask embarrassing questions and will not be fobbed off with a non answer. They will also label you as vexatious, an unreasonably persistent complainant etc. in an attempt to make you give up.

Yours Sincerely,

Mr Figg

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m sowerby left an annotation (15 July 2010)

Thank you Mr Figg, I am not sure they read the ones that are now returned as soon as they are sent but I will not give up and I continue to email using different addresses until they block them. I am not vexatious I am concerned about vulnerable people I know were abused and they failed to act.

You can see how useless this council's safeguarding is if you google "council let paedophile babysit five year old girl".

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Mr. Figg left an annotation (15 July 2010)

Dear m sowerby,

Although they bounce emails straight back at you it is only a copy, they have received your written communication and you have proof of that.

This is not the place to discuss matters however, although you are welcome to contact me through the website http://www.wightdogs.com/contact.htm if that is your wish.

Regards

Mr Figg

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m sowerby left an annotation (15 July 2010)

Thank you Mr Figg, that is very interesting and something I did not know.

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From: Holmes, Kim
Stockton on Tees Council

19 July 2010

Dear M Sowerby

RE: Blocking an email address

Many thanks for your correspondence.

We would advise that for the purposes of the Freedom of Information Act
your initial request was not a request for information which the Council
holds but was a request for advice and in particular was a request for
clarification following earlier correspondence between yourself and the
Council. Consequently for the purposes of the Freedom of Information Act
this is not information which the Council holds and answering your
question will require the Council to create new information by giving an
opinion or judgement that is not already recorded.

In your supplementary question you have asked whether we can show you
"where in [your] FOI request [you] have said that the Corporate Director
has blocked my email account or asked my internet service provider to
block my account."

We can confirm that you have not set out this claim in your request for
advice. The advice given was provided by way of clarification of the
Council's position and was intended to assist you in understanding what
actions had and had not been taken by the Council.

In respect of the accusations which you have made, clearly you can
yourself revisit the correspondence which you have had with the Council to
determine this. We regret however that we are unable to respond to your
request. This is because disclosure of the information that you have
requested could enable the identification of the individuals. We have to
take account of the fact that a disclosure under the Freedom of
Information Act is a disclosure to the world at large. We consider that
any individuals concerned would not expect this level of detail about them
to be disclosed by the Council in response to requests for information,
and we believe that it would therefore be unfair processing for us to
release this information to you. This would breach the first data
protection principle, and the information is therefore exempt from
disclosure under section 40(2) of the Freedom of Information Act 2000.

Yours sincerely

Kim Holmes

Management Support Officer

1st Floor, Municipal Buildings

PO Box 228

Church Road

Stockton on Tees

TS18 1XE

TEL: 01642 526482

FAX: 01642 527037

[email address] <mailto:[email address]>

If you are dissatisfied with the handling of your request please contact:

Customer Care Team

Children, Education and Social Care

Stirling House

Teddar Avenue

Thornaby

Stockton-on-Tees

TS17 9JP

Tel: 01642 527519

OR

You can also complain to the Information Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK1 0AF

Tel: 01625 545700

www.informationcommissioner.gov.uk

show quoted sections

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m sowerby left an annotation (22 July 2010)

I said that the Interim Strategic Commissioner was incompetent, he sent me an email addressed to the Adult Protection Coordinator, I would say that is incompetence.

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m sowerby left an annotation ( 1 August 2010)

On 12 July I received an email from the daughter of the service user I had raised concerns for. She told me that she had made a complaint about the treatment and threats to her father and a member of staff was suspended. After a so called inquiry the carer was re-instated and continued to care for her father.

As Stockton Council had blocked my email address I had to open another account so that I could send them this email.

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