Information related to an escape of water at Main St Linlithgow

Mr J Esland made this Freedom of Information request to West Lothian Council

Waiting for an internal review by West Lothian Council of their handling of this request.

From: Mr J Esland

22 February 2010

Dear West Lothian Council,

Under the Freedom of Information Act, I formally request that you
send me a copy of all information you have pertaining to an escape
of water or for any insurance claims made by, on behalf of or
against West Lothian Council relating to any property between 38-44
Main St Linlithgow for all dates between and including the 7th
January and the 22nd February 2010.

This includes:
-Any and all reports made by any council representative/s that
attended or commented on any incident at 38-44 Main St Linlithgow
during this time period

-Any communication between yourselves and your insurers, or vice
versa, related to any address between 38-44 Main St Linlithgow or
any incident occurring at any of these addresses during this time
period

-Details of any claims received from other insurers representing
parties living at any address on Main St Linlithgow and their
resolution/status during the time period mentioned

Yours faithfully,

James Esland

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From: Customer Service
West Lothian Council

22 February 2010

Thank you for emailing the Customer Service Centre. Due to a high volume
of emails being received on a daily basis, we shall respond to your email
as soon as possible. For the time being, please do not email any repairs
or emergency requests, as they may not be dealt with immediately.
West Lothian is the UK Council of the Year 2006

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West Lothian Council

22 February 2010

22/02/10

Dear James Esland

FREEDOM OF INFORMATION (Scotland) Act 2002
ENQUIRY SUBJECT : Information related to an escape of water at Main St Linlithgow

We acknowledge your request logged on 22/02/10 at 17:56 asking for information about our services.

Your request has now been forwarded to the Action Officer and you should receive a response in 20 working days.

Should we require any further information from you to enable your request to be processed, you will be contacted directly.

In the meantime, if you require any further information please do not hesitate to contact us.

Yours sincerely

Customer Service

West Lothian Council

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From: Marr, Douglas
West Lothian Council

11 March 2010

Dear Mr Esland

I confirm that West Lothian Council have received your information
request dated 22nd of February 2010
In order to ensure that there are no breaches of data protection in
relation to your request I would appreciate if you could advise me if
you are a tenant or resident of any of the property named.This is to
ensure that the approppriate information is released.

If you are acting on behalf of a specific person or persons you need to
provide me with a mandate , signed by your client ,authorising the
release of any personal information relating to the individual.

Douglas Marr
Service Development Manager

Please note I have now moved to the Civic Centre
My new Telephone Number is 01506 281879

My Email address remains as it is [email address]

West Lothian is the UK Council of the Year 2006

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This email has been scanned for all viruses by the MessageLabs SkyScan
service on behalf of West Lothian Council.
For more information on a proactive anti-virus service working
around the clock, around the globe, visit http://www.messagelabs.com
________________________________________________________________________

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Richard Taylor left an annotation (11 March 2010)

The freedom of information act is applicant and purpose blind.

ie. it doesn't matter who is asking for the information the response should be the same.

It may be that if some of the information is your own personal information you can obtain that via a "subject access" request under the data protection act you might be expected to be advised of that in response to an FOI request.

I suggest writing back asking them to either supply the information or provide you a decision notice explaining with reference to the FOI Act why they think the information you are seeking is exempt. You could explicitly state you are not seeking any personal information.

(If you are wanting to access personal information - and it doesn't appear to me you are - then I suggest contacting the council directly to do that).

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From: Mr J Esland

11 March 2010

Dear Marr, Douglas,

I am acting on behalf of the owner of 42 Main St Linlithgow - this
being my partner Miss Lyndsey Anne Powell.

However the information I am seeking isn't personal in nature. My
interest is principally in the cause of the recent escape of water
and the council's actions in response to it. As such, I don't see
how any of the requested information should contain personal
details other Lyndsey's name and address i.e. 'there was an escape
of water for X reason which affected Y properties. The council did
Z in response'.

Please confirm that the mandate is necessary. If so, is it
sufficient to email a signed note to you? Do you propose I should
attempt to collect such a note from all the persons involved?
Clearly this won't be possible....

Yours sincerely,

Mr J Esland

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From: Marr, Douglas
West Lothian Council

12 March 2010

Dear Mr Esland
Thank you for your email
I am now making arrangements to send you information in relation to your
request, which is not in breach of data Protection Legislation, as such
no mandate will be required

Yours Sincerely

Douglas Marr
Service Development Manager

Please note I have now moved to the Civic Centre
My new Telephone Number is 01506 281879

My Email address remains as it is [email address]

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Things to do with this request

Anyone:
West Lothian Council only: