FoIA

Stuart Hardwicke CARRUTHERS made this Freedom of Information request to Brent Borough Council

The request was successful.

From: Stuart Hardwicke CARRUTHERS

27 July 2009

Dear Sir or Madam,

Please provide a copy of your publication scheme as required by s19
of the FOIA used by the Council prior to 2009. Please also provide
a copy of any documents from the Information Commissioners Officer
authorizing its use.

Yours faithfully,

Stuart Hardwicke Carruthers

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Brent Borough Council

28 July 2009

Brent Council - INFORMATION REQUEST

Our Reference: 521694
====================================================

Dear Mr. Carruthers

Thank you for your request for information received on 27 July 2009. We aim
to respond to your request within 20 working days.

Yours sincerely

Stephen F Williams,
DPA & FOI Consultant
for Brent ITU
[email address]
--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

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Brent Borough Council

7 August 2009


Attachment Publication scheme.pdf
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Brent Council - INFORMATION REQUEST

Our Reference: 521694
====================================================

Dear Mr. Carruthers,

Your request for information has now been considered and the information
requested is enclosed.

You requested a copy of the old publication scheme and the approval of the
scheme.

Please note that the information provided may be subject to copyright and
you may require further permission from the Council to re-use it. If you
require further guidance please write to the IT Standards Manager (contact
details below).

If you are dissatisfied with the response or how the Council has handled
your request you can complain to the Council by writing to the following
address: IT Standards Manager at Brent Council, Room 105, Brent Town Hall,
Forty Lane, Wembley, Middlesex HA9 9HD, telephone 020 8937 1402, e-mail
[Brent Borough Council request email]. It is the Council's policy to ensure that, where
practicable, your complaint is dealt with by someone who was not involved in
the original decision.

You also have a right of appeal about our decision to the Information
Commissioner, however, the Information Commissioner will not normally
consider an appeal until you have exhausted your rights of redress and
complaint to the Council. The Information Commissioner can be contacted as
follows:
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF; Telephone: 01625 545 700,
www.informationcommissioner.gov.uk
As part of our commitment to improve our service to our customers we would
welcome any feedback on the way that we have dealt with your request.

Yours sincerely

Raj Seedher

Phone: 020 8937 1402
[email address]
--
The use of Brent Council's e-mail system may be monitored and communications read in order to secure effective operation of the system and other lawful purposes.

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From: Stuart Hardwicke CARRUTHERS

7 August 2009

Dear Sir or Madam,

Many thanks for your reply. There remains a minor issue.

The publication scheme approved by the ICO ran out on 28 February
2007 and Model Publication Schemes were not introduced until 01
January 2009.

Which publication authorized by the ICO and required by s19 was the
Council operating under between 28 February 2007 and 01 January
2009.

If none please simply state this.

Yours faithfully,

Stuart Hardwicke CARRUTHERS

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From: Seedher, Raj
Brent Borough Council

7 August 2009

Dear Mr Carruthers.

The ICO extended existing schemes until the new Model Publication Scheme came in. The ICO will be able to confirm this position. The old scheme was still operating until the model scheme was introduced. The ICO no longer approves publication schemes.

Rajesh Seedher
IT Standards Manager
Information Technology Unit
Business Transformation Department
Brent Council
Telephone 020 8937 1402

show quoted sections

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From: Seedher, Raj
Brent Borough Council

7 August 2009

See below for ICO's position

Approval of existing publication schemes
Previously, publication schemes expired four years after the date of approval. We have now decided to extend approval of all existing schemes until December 31st 2008.

http://www.ico.gov.uk/what_we_cover/free...

Rajesh Seedher
IT Standards Manager
Information Technology Unit
Business Transformation Department
Brent Council
Telephone 020 8937 1402

show quoted sections

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From: Stuart Hardwicke CARRUTHERS

7 August 2009

Dear Seedher, Raj,

Many thanks.

It is noted that the ICO made an decision to extend existing
publication schemes (i.e. those authorised) on 07 February 2008,
and that Brent ceased to have an publication scheme on 28 Feb 2007.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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From: Seedher, Raj
Brent Borough Council

7 August 2009

I wish to point out that you have made an incorrect statement. Further information can be found from the ICO.

Rajesh Seedher
IT Standards Manager
Information Technology Unit
Business Transformation Department
Brent Council
Telephone 020 8937 1402

show quoted sections

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From: Stuart Hardwicke CARRUTHERS

7 August 2009

Dear Seedher, Raj,

No

19. - (1) It shall be the duty of every public authority
(a) to adopt and maintain a scheme which relates to
the publication of information by the authority and is approved by
the Commissioner (in this Act referred to as a "publication
scheme"),

It is your publication scheme not the ICO's.. I should have no need
to ask you for documentation identifying that you have a valid
publication scheme. Based on the information provided you ceased to
have a publication scheme in 2007 until the ICO imposed one in
2009.

Yours sincerely,

Stuart Hardwicke CARRUTHERS

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