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Bolton at Home Computers

Sean Hornby made this Freedom of Information request to Bolton at Home Limited

Response to this request is long overdue. By law, under all circumstances, Bolton at Home Limited should have responded by now (details). You can complain by requesting an internal review.

From: Sean Hornby

29 March 2011

Dear Bolton at Home Limited,

Can you tell me the number of computers that Bolton at Home have
that are used by persons not employed by Bolton at Home for example
members of some of the Sub Groups.

The number involved;
Annual Cost for them;
Annual Running Costs ie: paper, ink etc

Annual costs involved for supplying postage to these members of the
sub groups or other organisations

How many of these emails are then sent in the post to them as well
as being sent on email and the total cost of them.

I would be grateful for a breakdown of all the above over the last
5 years

Yours faithfully,

Sean Hornby

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From: Walker, Paul

21 April 2011

Mr Hornby,

Following the transfer for 18,000 properties from Bolton Council, Bolton at Home relinquished its wholly-owned status from Bolton Council and become its own private company and charity. Bolton at Home is no longer seen as a ‘public authority’ for the purposes of the Freedom of Information Act 2000, therefore we are no longer under any obligation to respond to such requests of this nature.

However, in ensuring the maintenance of tenant rights and the practice of openness and accountability, where it is appropriate to do so, we will seek to provide the information as we would have done previously. All we ask is that your request is submitted in writing to the Knowledge & Information Team, Bolton at Home, 1-3 The Courtyard, Calvin Street, Bolton, BL1 8PB and we will treat your request as a standard enquiry and adhere to get a response to you as promptly as possible.

Kind regards,

Paul Walker
Information Officer

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From: Sean Hornby

4 May 2011

Dear Walker, Paul,
Knowledge & Information Team,
Bolton at Home,
1-3 The Courtyard,
Calvin Street,
Bolton, BL1 8PB

Many thanks for your reply and your comments of which I find the
reply very strange. The information I requested was for when Bolton
at Home was still owned by Bolton Council as an ALMO and not as it
is now.

You also say within your reply that Bolton at Home is now a private
company and that it is registered as a charity. I would be grateful
if you would clarify the terms and conditions of the charitable
status.

I understand that I am also asking now for additional information
which which starts the process again however the first lot of
information requested by law had to be given to me by the 28th
April 2011

Yours sincerely,

Sean Hornby

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watchingyou left an annotation ( 4 May 2011)

The fact that Bolton at Home has changed its status is irrelevant the information requested pertains to a time before its status changed and at a time when Bolton council had responsibility for it.

The Freedom of Information Act is about information held by an organisation which falls within the scope of the Act.

Bolton council falls within the scope of the Act.

The information requested is for information Bolton Council still holds and because of that the information must be provided to a requester promptly and not longer than 20 working days. Failure to supply the requested information within 20 working days is a breach of the Act. Failing to confirm or deny the council holds the information is another breach of the Act.

There can be no complaints procedure the requester could follow when a clear breach of the Act has already occurred and because of this the requester has now exhausted the complaints procedure of Bolton council.

Therefore you can now complain to the Information Commissioner and ask for a decision notice relative to your request and as provided for under section 50 of the Act.

John Greenwood.

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From: Walker, Paul

31 May 2011

Mr Hornby,

Thanks for your response. The Freedom of Information Act 2000 does not apply retrospectively. Section 1(1) of the Act does provide a general right of access to information held by public authorities - however, this only applies at the time of the request. Since 28th March 2011, Bolton at Home no longer falls within the definition of a 'public authority' under Section 3 of the Act, therefore the general right of access (or any other provisions under the Act) did not apply at the time of the request.

As indicated in our initial response, this does not necessarily mean we cannot comply with your request. Due to the volume of requests we get of this nature, we are encouraging individuals to submit their requests in writing centrally - so we can ensure that your correspondence is logged and delegated to the appropriate departments for a response, as per normal customer enquiries.

I note you are seeking information on Bolton at Home's charitable status. This information is already in the public domain and can be located on the Charity Commission's Register of Charities. For ease, I have included a direct link to Bolton at Home's entry: http://www.charity-commission.gov.uk/Sho.... Please note that there are further options on the left hand side of this page, such as 'Charity overview' and 'Contact and trustees' which may be of further interest to you.

I hope the clarification and the link provided assists.

Paul Walker
Information Officer

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watchingyou left an annotation (31 May 2011)

Bolton council still falls within the scope of the Act.

Bolton council must also confirm or deny whether or not it holds the requested information.

Therefore if Bolton council holds any of the requested information it MUST supply it or quote an exemption.

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