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Green Flag Award meetings and correspondence

A Freedom of Information request to Cardiff Council by Anne Greagsby

The request was rejected by Cardiff Council.

Anne Greagsby

7 August 2009

Dear Sir or Madam,

Please can you provide me with Cardiff councils
1. correspondence with the green flag award people and the judges
2. details of and when/where the meetings took place plus minutes
of the meetings with the green flag award judges
3. the correspondence and meetings and information given to the
green flag award judges on the issues surrounding the development
of the park during their assessment.
4. Correspondence and meetings plus minutes of meetings
with parks management and green park award officials/judges during
their assessment.

5. what if any correspondence between
Paul Todd Green Flag Award Scheme Manager @
Keep Britain Tidy
Elizabeth House
The Pier
Wigan

Email: [email address]
Web site: greenflagaward.org.uk

Yours faithfully,

Anne Greagsby

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Cardiff Council

7 August 2009

Dear Anne Greagsby,
Thank you for your Freedom of Information request.
Details have been forwarded to the Freedom of Information Officer within the relevant department who will be dealing with your request and will contact you in due course.
If you have any further queries, please do not hesitate to contact us.

Sincerely,
Paula Franklin
C2C Records Officer
Connect to Cardiff
Cardiff County Council
County Hall
Atlantic Wharf
Cardiff
CF10 4UW

email [email address]

Annwyl Anne Greagsby,
Diolch am eich cais Rhyddid Gwybodaeth.
Mae’r manylion wedi cael eu danfon at y Swyddogion Rhyddid Gwybodaeth yn yr adran berthnasol. Byddent yn delio gyda’ch cais a byddent yn cysylltu â chi yn fuan.
Os oes gennych chi unrhyw ymholiad bellach, cysylltwch â fi os gwelwch yn dda.
Yn gywir,
Paula Franklin
Cysylltu â Chaerdydd
Cyngor Caerdydd

e-bost: [email address]

Dear Sir or Madam,
Please can you provide me with Cardiff councils 1. correspondence
with the green flag award people and the judges 2. details of and
when/where the meetings took place plus minutes of the meetings
with the green flag award judges 3. the correspondence and meetings
and information given to the green flag award judges on the issues
surrounding the development of the park during their assessment. 4.
Correspondence and meetings plus minutes of meetings with parks
management and green park award officials/judges during their
assessment.
5. what if any correspondence between Paul Todd Green Flag Award
Scheme Manager @ Keep Britain Tidy Elizabeth House The Pier Wigan
Email: [email address] Web site:
greenflagaward.org.uk
Yours faithfully,
Anne Greagsby

show quoted sections

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Jones, Keeley
Cardiff Council

10 August 2009

Your Ref: CLP0012

Dear Ms Greagsby

Thank you for your request for information about correspondence regarding the green flag award, which we received on 7th August 2009 and which falls under the Environmental Information Regulations 2004.

We are considering your request under the terms of the Environmental Information Regulations 2004. You should receive the information requested within 20 working days. However under Regulation 7 we can extend the timescale for a response if the information is exempt, we require additional time to consider whether disclosure is in the public interest or the information requested is complex and additional time is needed for collation.

Cardiff Council's policy is to carry out the spirit and requirements of the Environmental Information Regulations 2004, in a manner which:

- recognizes the duty to inform as the essential principle underlying the legislation;

- discloses to requesters the maximum information possible which is not injurious to the public and private interests identified in the exemptions in the regulations and does so in the most timely and consistent manner given the nature and scope of the request;

- ensures that fees permitted under the regulations are kept to an absolute minimum whilst safeguarding our position as a non-profit making organisation

We will try to supply information in electronic format by email, but if this is not possible we will let you know. If you have any special requirements e.g. language, audio, large print, etc. please let us know.

The Regulations define a number of exceptions which may prevent the release of information. If any exceptions apply to your information request they will be considered prior to disclosure. If any of the exemption categories do apply an explanation for non-disclosure will be included in the Decision Notice response you will receive, included in this notice is your right to appeal against our decision.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. We will keep you informed if this issue arises.

In some circumstances a fee may be payable for the information you have requested, we will inform you of the details if and when appropriate. In these circumstances you will have to pay the fee before we process and release the information. The 20 working day time limit for responses will not start until we receive your payment.

If you have any queries or concerns regarding the EIR please do not hesitate to contact me.

You can find out more about the Act from the Information Commissioner at:

Information Commissioner's Office (Wales)

Cambrian Buildings

Mount Stuart Square

Cardiff

CF10 5FL

http://www.informationcommissioner.gov.u...

Telephone: 029 2044 8044

Fax: 029 2044 8045

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

Please remember to quote the reference number above in any future communications.

Yours Sincerely

Keeley Jones

Development Officer / Swyddog Datblygu

Community Development & Research Team / Tîm Datblygu Cymunedol ac Ymchwil

Culture, Leisure and Parks / Diwylliant, Hamdden a Pharciau

029 2087 3940

P STOP! Do you really need to print this email? Please save the Environment.

Arhoswch eiliad! Oes rhaid i chi brintio'r e-bost hwn? Gofalwch am yr Amgylchedd.

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Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
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Parks
Cardiff Council

17 August 2009


Attachment FOI CLP0012.pdf
2.8M Download View as HTML


My Ref: MAT(P)/SD/2059/CLP0012 G00158

14 August, 2009

Anne Greagsby

[FOI #16595 email]

Dear Ms Greagsby

ELECTORAL DIVISION: CATHAYS

GREEN FLAG JUDGING OF BUTE PARK

Thank you for your request under the Freedom of Information Act 2000
about correspondence relating to the Green Flag judging of Bute Park in
2009 received on 7th August 2009.

We have considered your request and enclose the following information:

Various emails between Council officers and the judging team, and the
itinerary for the judging visit.

Most of the documents that we provide in response to Environmental
Information Regulations 2004 requests will be subject to copyright
protection. In most cases the copyright will be owned by Cardiff
Council. The copyright in some documents may be owned by another person
or organisation, as indicated on the documents themselves.

You are free to use any documents supplied for your own use, including
for non-commercial research purposes. The documents may also be used for
news reporting. However, any other type of re-use, for example by
publishing the documents or issuing copies to the public will require
the permission of the copyright owner.

Details of the arrangements for reusing the material owned by Cardiff
Council can be found on our website at or by contacting the Information
Manager, Room 111, County Hall, Cardiff CF10 4UW (Phone 029 2087 3346).

For documents where the copyright is not owned by Cardiff Council, you
would need to apply to the copyright owner to obtain their permission
for re-use.

We supply this information based on your original request. If this
information does not answer your enquiry or if you feel we have not
fully understood your request, please contact me to clarify your exact
requirements.

If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please do not hesitate to contact me.

Yours sincerely

Jon Maidment

Operational Manager

Parks

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
**********************************************************************

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Anne Greagsby

18 August 2009

Dear Sir or Madam,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of Cardiff Council's
handling of my FOI request 'Green Flag Award meetings and
correspondence'.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/gr...

Yours faithfully,

Anne Greagsby

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Bradshaw, Phillip
Cardiff Council

30 December 2009

Dear Ms Greagsby

On reviewing this matter with a view to closure it appears that I overlooked formally responding to your request for review received on 18 August . Please accept my apologies.

Although you requested a review Regulation 11 of EIR says "an applicant may make representations to a public authority in relation to the applicant's request for environmental information if it appears to the applicant that the authority has failed to comply with a requirement of these Regulations in relation to the request."

I note that you have not alleged any failure to comply with a requirement of the Regulations. I must therefore determine the review solely on the basis of the request of 7 August and responses of 10 and 17 August.

The Councils response was within the time limit and accordingly I find no breach of Regulation 5.

I note from the disclosed information that certain personal data (as defined by the Data Protection Act 1998) has been redacted. In the absence of any representations from you I consider this to be a proper application of the exception in Regulation 13 - see below.

I note however that the disclosure letter of 17 August did not contain the following information required by Regulation 14 in respect of information held but not disclosed:

* the reasons for not disclosing the information requested
* any exception relied on under regulations 12(4), 12(5) or 13

In that respect I uphold your complaint.

I must also formally accept that in dealing with this review we have failed to comply with the time limit under Regulation 11(4)
For the purposes of Regulation 11 I accordingly confirm that in these respects :
(a) the Council accepts that it failed to comply with the requirements of Regulation 14(1) and Regulation 11(4) of the EIR
(b) on behalf of the Council I apologise for these errors and enclose below the information which should have been provided on August 17 under Regulation 14 . In addition this email will be copied to those who handled the initial request as a reminder of the duty under Regulation 14
(c) no further action will be taken

The exception relied on in redacting information from the original disclosure was Regulation 13. The information was personal data of which you were not the data subject.

The reason it applies is that the data consists of the names of correspondents and other parties involved in the Green Flag process. Disclosure would breach the first data protection principle in the Data Protection Act 1998 namely : "Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless-(a) at least one of the conditions in Schedule 2 is met ... ". We have not identified any applicable condition and accordingly the Reg 13(1) exception is engaged. This is an absolute exemption - we are not required to carry out a public interest test.

If you are dissatisfied with this decision you may request the Information Commissioner to investigate. The contact details are:

Information Commissioner's Office (Wales)
Cambrian Buildings
Mount Stuart Square
Cardiff
CF10 5FL

http://www.informationcommissioner.gov.u...
Telephone: 029 2044 8044
Fax: 029 2044 8045
Email: [email address]

Phil Bradshaw <http://wikiweb/index.php?title=Informati...>

Information Manager
Citizen & Democratic Service

Room CY4A, County Hall

EMail: [email address]

Phone: 029 2087 3346
[mobile number]

Fax: 029 2087 3349

Share a little Knowledge this Christmas

show quoted sections

Mae'n bosibl bod gwybodaeth gyfrinachol yn y neges hon. Os na chyfeirir y neges atoch chi'n benodol (neu os nad ydych chi'n gyfrifol am drosglwyddo'r neges i'r person a enwir), yna ni chewch gopio na throsglwyddo'r neges. Mewn achos o'r fath, dylech ddinistrio'r neges a hysbysu'r anfonwr drwy e-bost ar unwaith. Rhowch wybod i'r anfonydd ar unwaith os nad ydych chi neu eich cyflogydd yn caniatau e-bost y Rhyngrwyd am negeseuon fel hon. Rhaid deall nad yw'r safbwyntiau, y casgliadau a'r wybodaeth arall yn y neges hon nad ydynt yn cyfeirio at fusnes swyddogol Cyngor Dinas a Sir Caerdydd yn cynrychioli barn y Cyngor Sir nad yn cael sel ei fendith. Caiff unrhyw negeseuon a anfonir at, neu o'r cyfeiriad e-bost hwn eu prosesu gan system E-bost Gorfforaethol Cyngor Sir Caerdydd a gallant gael eu harchwilio gan rywun heblaw'r person a enwir.
**********************************************************************

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Anne Greagsby

2 January 2010

Dear Bradshaw, Phillip,

I can not understand your reply. Please could I have an answer in
plain english?

Yours sincerely,

Anne Greagsby

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Bradshaw, Phillip
Cardiff Council

4 January 2010

Dear Ms Greagsby

I am sorry you were not able to follow my reply. If you can be more
specific as to which part is causing a problem I will try to help.

I am aware that the response does contain an amount of what may be
regarded as jargon.

However that cannot be avoided. I am required by regulations 11 and 14
to provide very specific information when responding to a review or
refusing to supply some information. That necessarily means that I must
use the technical language of the regulations, and, where the exemption
is the personal data exemption, the technical language of the Data
Protection Act.

As the exemption here was for personal data, rather than my trying to
explain how this works in more detail, may I refer you to the ICO's
explanatory guide which you will find at :

http://www.ico.gov.uk/upload/documents/l...
tailed_specialist_guides/personal_information.pdf

Although that refers to FOIA, the exception in Regulation 13 of the EIR
works in the same way for all practical purposes.

Phil Bradshaw

Information Manager
Citizen & Democratic Service

Room CY4A, County Hall

EMail: [email address]

Phone: 029 2087 3346
[mobile number]

Fax: 029 2087 3349

Share a little Knowledge this Christmas

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Anne Greagsby left an annotation (15 January 2010)

I can not understand why the identity of the green flag judges can not be disclosed! Why is there the need to keep this information secret? Judging parks is hardly something to be secretive about! Unless of course, if disclosed the judges would then be identified as having links to the Lib Dems or/and Plaid Cymru politicians in Cardiff. It is in the public interest to know who these judges are. It is in the public interest to know that the judges are impartial. My conclusion is that there is something to hide from the public.

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