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Demolition of Ashley House

A Freedom of Information request to Bristol City Council by Katherine Lethbridge-Tatlow

The request was rejected by Bristol City Council.

Katherine Lethbridge-Tatlow

31 March 2009

Dear Sir or Madam,

Please provide copies of all correspondence relating to the
demolition of Ashley House. This correspondence to include emails,
notes, transcripts of telephone conversations and any other
transferrable media for the period Febrary 10th 2009 to March 31st
2009. Please ensure this includes all correspondence between any
council department or officer and any other department or officer.
Also between any council officer and any outside body, including
governors of Sefton Park School, where the Freedom Of Information
Act allows such access.

Yours faithfully,

Katherine Lethbridge-Tatlow

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Freedom of Information
Bristol City Council

31 March 2009

Thank you for your request for Information made under the Freedom of Information Act.

Your request will now be dealt with and a response will be sent within 20 working days, starting from the next working day after your request is received.

______________________________________________________________________
'Do it online' with our growing range of online services - http://www.bristol.gov.uk/services

Sign-up for our email bulletin giving news, have-your-say and event information at: http://www.bristol.gov.uk/newsdirect

View webcasts of Council meetings at http://www.bristol.gov.uk/webcast

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Julie Cole
Bristol City Council

16 April 2009

Dear Ms Letherbridge-Tatlow

I have been forwarded your email dated 31 March, 2009 requesting information under the Freedom of Information Act relating for copies of correspondence relating to the demolition of Ashley House between officers within Departments of Bristol City Council, stakeholders and the Governing Body of Sefton Park Infant and Junior Schools.

I would like to take this opportunity to confirm that no instruction to demolish Ashley House has given. Therefore, there is no correspondence regarding the demolition of Ashley House at this stage.

This response should answer your request in full, however if you are not satisfied with this response or wish to lodge an appeal against any exemptions that may have been applied, you can do so by writing to the Data Protection Officer at Bristol City Council Legal Services, The Council House, College Green, Bristol, BS99 7PH, or [Bristol City Council request email]. Details of the complaints procedure can be found at http://www.bristol.gov.uk/complaints.

If, after you have exhausted the council’s complaints procedure, you are still not satisfied with the response you have received you have the right to complain to the Information Commissioner, details of your right to complain can be found at http://www.ico.gov.uk/complaints.aspx

Copyright notice
The provision of information by Bristol City Council under this scheme does not imply a right to reproduce or commercially exploit such information without the Council's express prior written permission.

Reproduction or commercial exploitation of materials supplied under this scheme without the express permission of Bristol City Council may be an infringement of copyright.

The Council is unable to grant permission to reproduce or re-use any material accessed through this scheme that is the property of third parties. Permission to reproduce or re-use such material must be obtained from the copyright holders.

Yours sincerely

Julie Cole
PA to Strategy Leader, Capital, Assets and School Organisation
Children and Young People's Services
Bristol City Council
PO Box 57
The Council House
College Green
Bristol BS99 7EB

Tel: 0117 903 6108
Fax: 0117 903 7775

______________________________________________________________________
'Do it online' with our growing range of online services - http://www.bristol.gov.uk/services

Sign-up for our email bulletin giving news, have-your-say and event information at: http://www.bristol.gov.uk/newsdirect

View webcasts of Council meetings at http://www.bristol.gov.uk/webcast

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Katherine Lethbridge-Tatlow

21 April 2009

Dear Julie Cole,

Thank you for your reply.

I have very good reason to believe that email correspondence from
officers of Bristol City Council, and possibly meeting minutes as
well, where mention is made of the demolition of Ashley House, do
in fact exist. Such an email has, in fact, been read out to me by
one of the recipients. Whilst no instruction to demolish may have
been made I would still like to view correspondence which mentions
even the possibility of demolition.

This information is in your possession and I would draw your
attention to the wording of the Freedom Of Information Act which
obliges you to investigate this matter and provide copies of the
information when requested.

Please would you respond asap.

Yours sincerely,

Katherine Lethbridge-Tatlow

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Katherine Lethbridge-Tatlow

22 April 2009

Dear Julie Cole,

Just checking that you received the correspondence that I sent
yesterday April 21st.

Best Regards,

Katherine Lethbridge-Tatlow

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Katherine Lethbridge-Tatlow

28 April 2009

Dear Sir or Madam,

Please would you confirm receipt of my follow up emails dated April
21st and April 22nd and let me know when I might receive the
information requested.

Thank you,

Yours sincerely,

Katherine Lethbridge-Tatlow

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Julie Cole
Bristol City Council

30 April 2009

Dear Ms Lethbridge-Tatlow

Thank you for your email dated 21 April.

I would confirm that we are present in the process of investigating the contents of your email.

We will, of course, respond in full in due course.

Yours sincerely

Julie Cole
PA to Strategy Leader, Capital, Assets and School Organisation

show quoted sections

Dear Julie Cole,

Thank you for your reply.

I have very good reason to believe that email correspondence from
officers of Bristol City Council, and possibly meeting minutes as
well, where mention is made of the demolition of Ashley House, do
in fact exist. Such an email has, in fact, been read out to me by
one of the recipients. Whilst no instruction to demolish may have
been made I would still like to view correspondence which mentions
even the possibility of demolition.

This information is in your possession and I would draw your
attention to the wording of the Freedom Of Information Act which
obliges you to investigate this matter and provide copies of the
information when requested.

Please would you respond asap.

Yours sincerely,

Katherine Lethbridge-Tatlow

show quoted sections

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Johanna Scott
Bristol City Council

15 May 2009

Dear Ms Lethbridge Tatlow

Pease find below, the response to your request for information.

Thank you for your email dated 21 April, 2009 relating to Ashley House.
Please accept our apologies for the delay in responding to the issues
that you have raised within your email. I would like to take this
opportunity to confirm that there are no proposals at this stage to
demolish Ashley House. Any information held regarding the possible
future of Ashley House is currently engaged by exceptions 12(4)(d)
Unfinished Information and 12(4)(e) Internal Communications. This
question has also been raised in a public statement at a recent Cabinet
meeting. It is considered that the above exceptions are engaged as
disclosure at this particular time of any discussion regarding the
possible future of Ashley House would be misleading to the public and
would make it difficult to consider all options available, by allowing
Council Officers to enter into a free and frank exchange of ideas and
opinions. Although the City Council aim to be transparent and
accountable to the public it is considered that on this occasion this is
outweighed by the prejudice disclosure would have to the ability of
Council officers to openly discuss all options and conclude all
necessary considerations before presenting any proposal.

This response should answer your request in full, however if you are
not satisfied with this response or wish to lodge an appeal against any
exemptions that may have been applied, you can do so by writing to the
Data Protection Officer at Bristol City Council Legal Services, The
Council House, College Green, Bristol, BS99 7PH, or [Bristol City Council request email].
Details of the complaints procedure can be found at
http://www.bristol.gov.uk/complaints.

If, after you have exhausted the council’s complaints procedure, you
are still not satisfied with the response you have received you have the
right to complain to the Information Commissioner, details of your right
to complain can be found at http://www.ico.gov.uk/complaints.aspx

Copyright notice
The provision of information by Bristol City Council under this scheme
does not imply a right to reproduce or commercially exploit such
information without the Council's express prior written permission.

Reproduction or commercial exploitation of materials supplied under
this scheme without the express permission of Bristol City Council may
be an infringement of copyright.

The Council is unable to grant permission to reproduce or re-use any
material accessed through this scheme that is the property of third
parties. Permission to reproduce or re-use such material must be
obtained from the copyright holders.

Best wishes

Jackie Brown
Complaints Officer, Children and Young People's Services
Bristol City Council
P O Box 57
Room U27 Council House
College Green
BRISTOL BS99 7EB

From: Katherine Lethbridge-Tatlow
<[FOI #10032 email]>
To: Julie Cole <[email address]>
Date: 21/04/2009 19:55:12
Subject: Re: Freedom of Information request - Demolition of
Ashley House

Dear Julie Cole,

Thank you for your reply.

I have very good reason to believe that email correspondence from
officers of Bristol City Council, and possibly meeting minutes as
well, where mention is made of the demolition of Ashley House, do
in fact exist. Such an email has, in fact, been read out to me by
one of the recipients. Whilst no instruction to demolish may have
been made I would still like to view correspondence which
mentions
even the possibility of demolition.

This information is in your possession and I would draw your
attention to the wording of the Freedom Of Information Act which
obliges you to investigate this matter and provide copies of the
information when requested.

Please would you respond asap.

Yours sincerely,

Katherine Lethbridge-Tatlow

show quoted sections

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Alex Skene left an annotation (29 May 2009)

A couple of points

- the council should have made it clear it considered the information you requested to be environmental in nature, and said that it was treating your request under the Environmental Information Regulations 2004 (EIR). They've given you no indication why they've switched from the provisions of the FOI Act...
- they should have confirmed or denied whether it holds the information requested
- the public interest test should have been carried out separately for each exemption. You might have additional reasons to point out to the Council why it is in the public interest to release the information. The EIR guidance linked below provides additional information on the public interest test.
- 12(4)(d) - they should have told you of the planned publication date of the information as required by EIR 14(4):

"14(4) - If the exception in regulation 12(4)(d) is specified in the refusal, the authority shall also specify, if known to the public authority, the name of any other public authority preparing the information and the estimated time in which the information will be finished or completed."

- 12(4)(e) - this is always a hard one to judge. I'd advise reading the official EIR guidance on this exemption - see <<http://www.defra.gov.uk/corporate/opengo...>>

As they've not handled your request or the exemptions particularly well, I'd recommend asking for an internal review, giving your reasons for your complaint.

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