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charging £75 for FOIA requests

Bhanu Patel made this Freedom of Information request to Sussex Coast College Hastings

The request was partially successful.

From: Bhanu Patel

11 July 2011

Dear Sussex Coast College Hastings,

You have recently said in response to a request that you 'make a
charge of £75 to provide any information'. You must know by now
this is not permitted under FOIA?

Please therefore send me the following free of charge and via this
website:

How many requests under FOI have you received since Jan 1st 2005?

How many requests have you sent a fees notice / invoice for £75 for
since Jan 1st 2005?

How many requesters paid this £75 fee?

How many requests did you answer without charging a fee? What were
the reasons these were not charged?

Yours faithfully,

Bhanu Patel

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From: Bhanu Patel

17 July 2011

Dear Sussex Coast College Hastings,

I am disappointed not to have received an acknowledgement to my
recent FOI request as yet. Please can you confirm that you have
received it?

Yours faithfully,

Bhanu Patel

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From: Bhanu Patel

4 August 2011

Dear Sussex Coast College Hastings,

I have still not even received an acknowledgement to my request for
information under the Freedom of Information Act as yet. The
response is due on Monday 8th August. I look forward to hearing
from you with your answers then.

Yours faithfully,

Bhanu Patel

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From: OByrne, Louise
Sussex Coast College Hastings

11 August 2011

Dear Bhanu,

Sincere apologies for the delay in responding to your email. The College's
policy is currently under review in line with ICO guidance. It will be
presented to the Corporation (Governing Body) on 21 September 2011 for
approval.

Kind regards

Louise

____________________

Louise O'Byrne

Clerk to the Corporation

Sussex Coast College Hastings

Station Approach, Hastings,

East Sussex TN34 1BA

Tel: 01424 458 487

Email: [email address]

My working days are Tuesday, Wednesday and Thursday

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Michael Traill left an annotation (11 August 2011)

Thats some response.....poor.

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From: Bhanu Patel

15 August 2011

Dear Louise,

You have failed completely to answer my questions and to provide me
with the information I have asked for within the statutory time
limit. You have not done a proper refusal notice if there is a
reason you are saying you are not giving me the information.

I asked:

How many requests under FOI have you received since Jan 1st 2005?

How many requests have you sent a fees notice / invoice for £75 for
since Jan 1st 2005?

How many requesters paid this £75 fee?

How many requests did you answer without charging a fee? What were
the reasons these were not charged?

I did not ask for your policy. I would still like the answers to my
original questions please.

I would like you to undertake an internal review with immediate
effect, as this request has nothing to do with a review of your
policy but on previous statistics.

I look forward to receiving the information within 20 working days
of today's date.

Yours sincerely,

Bhanu Patel

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From: OByrne, Louise
Sussex Coast College Hastings

15 August 2011

Thank you for your email. I am out of the office on Friday 12 and Monday 15 August, and will respond to your email as soon as possible after I return on Tuesday 16 August.

Kind regards

Louise

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From: OByrne, Louise
Sussex Coast College Hastings

23 August 2011

Dear Bhanu Patel,

Thank you for your further queries regarding charges and requests made for information under the Freedom of Information Act.

You have requested additional information from Sussex Coast College Hastings under the Freedom of Information Act. We have numbered and responded to each in the order in which they appeared and set these out as follows:

Q1. How many requests under FOI have you received since Jan 1st 2005?

We are unable to establish the total number of FOI requests lodged since January 2005. This is not a refusal to provide information.

Q2. How many requests have you sent a fees notice / invoice for £75 for since Jan 1st 2005?

A total of two requests for information have been requested to make a financial contribution towards the cost of responding to their request for information.

Q3. How many requesters paid this £75 fee?

None.

Q4. How many requests did you answer without charging a fee?

Where exemptions to the release of information in accordance with the Freedom of Information Act are not applied, or in circumstances where disbursements are not payable, all other requests for information are addressed without charge or request for financial contribution.

Q5. What were the reasons these were not charged?

Charges were not made on the basis that the College did not estimate that it would cost in excess of the appropriate cost limit to fulfil the information request, or if it did, it chose not to apply a fee to do so.

Q6. I would like you to undertake an internal review with immediate effect, as this request has nothing to do with a review of your policy but on previous statistics.

The College has agreed to your request and is currently in the process of undertaking an internal review of its processes and procedures in this respect and has in addition determined that it will not impose a cost to assist with the provision of information that it is permissible to disclose under the Freedom of Information Act. However it does reserve its right to impose a charge in circumstances where the cost to the College of fulfilling a request is likely to exceed the cost limit. However, this will only be applied in very limited circumstances and these circumstances are also currently the subject of an internal review.

I hope that the above addresses the questions that you have asked. If you have a general enquiry about Freedom of Information or wish to enquire about a request you have already made please contact us at the address below.

Much as we would like to, the College doesn't have the manpower to respond to broad requests for information, so please be as specific as possible so we can locate it. Also, we should be able to get back to you faster. If we don't have enough information to find what you want, we may come back to you with more questions.

We will always try to help you with queries and requests for information. But if you do have a complaint, please follow the College's complaint procedures. Information about this can be found on our website at www.sussexcoast.ac.uk or contact [email address]
.
With kind regards,

Louise O'Byrne
For Sussex Coast College Hastings

___________________
Louise O'Byrne
Clerk to the Corporation

Sussex Coast College Hastings
Station Approach, Hastings,
East Sussex TN34 1BA
Tel: 01424 458487
Email: [Sussex Coast College Hastings request email]

My working days are Tuesday, Wednesday and Thursday

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