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Legal Advice to Chief Executive

K.Lacey made this Freedom of Information request to Swindon Borough Council

Response to this request is long overdue. By law, under all circumstances, Swindon Borough Council should have responded by now (details). You can complain by requesting an internal review.

From: K.Lacey

30 January 2009

Dear Sir or Madam,

1) Did the Chief Executive make a request for legal advice, or was
he provided with legal advice (and if so, who from?) concerning
discontinuance of recording, monitoring and investigation of
complaints etc. concerning activities arising from and occurring
at, Redlands Farm and Airfield in Wanborough, before directing
Swindon Borough Council in November 2006 that he considered it
"inappropriate to continue to respond to complaints about Redlands
unless significant new matters are raised and [...] instructed both
the Director of Planning and the Director of Enforcement and Health
accordingly." He stated "We will continue to investigate new or
material breaches of the conditions attached to the Planning
Permission for the site in accordance with our Enforcement Policy."

2) a)Did the Borough Solicitor advise the Chief Executive of the
illegality or legality of making such a direction to Swindon
Borough Council staff and specifically b) whether such an
instruction would be legally compliant?

3) Was this decision made public to the residents of the Borough of
Swindon and surrounding localities either by notification in the
local press or by notification to local Parish Councils?

4) Who was informed of this decision other than Swindon Borough
Council staff?

Yours faithfully,
K.Lacey

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From: Sharon Druett
Swindon Borough Council

13 February 2009

Dear K Lacey,

Ref FOI286659 Freedom of Information Request

I acknowledge the receipt of your attached email

Your request was received on 30 January 2009 and we are dealing with it under the terms of the Freedom of Information Act 2000.

The Council has a duty to respond promptly or no later than 20 working days, which in this case is 27 February 2009.

If you have any queries about this email please contact me.

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

Yours sincerely,

Sharon Druett

Freedom of Information Officer

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From: Sharon Druett
Swindon Borough Council

27 February 2009

Dear K Lacey,

Further to the attached email I can confirm your request may be subject to exemption provisions within the Act.
If a qualified exemption applies to the information and the public interest test is engaged, the Act allows the time for the response to be longer than 20 days, and the information must be supplied within what is considered a 'reasonable' time scale considering the circumstances of the case.
We are considering the information under Section 42 Legal Professional Privilege.
In the meantime any unaffected information will be released to you as soon as possible and we plan to send a full response within the next fourteen days, which in this case is 13 March 2009.

If you have any queries about this matter please contact me.

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

Yours Sincerely,

Sharon Druett

Freedom of Information Officer

show quoted sections

"The views expressed in this email are personal and may not necessarily reflect those of Swindon Borough Council unless explicitly stated otherwise.
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error, please notify me immediately. If you are not the intended recipient of this email, you should not copy it for
any purpose, or disclose its contents to any other person.
Senders and recipients of email should be aware that, under the Data Protection Act 1998 and Freedom of Information Act 2000, the contents may
have to be disclosed.
This footnote also confirms that this email has been swept by McAfee Anti-Virus software for the presence of computer viruses. However, Swindon
Borough Council cannot accept liability for viruses that may be in this email and we recommend that you check all emails with an appropriate virus
scanner."

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From: K.Lacey

27 February 2009

Dear Sharon Druett,

You have previously replied to an FOI request citing Section 42.

As there is a planning application concerning Redlands Farm
currently undetermined which has been subject material changes, and
which relates to activities subject to the Chief Executives
directive, there is some public interest in this matter and a need
for a decision about these FOI requests before the planning
application is brought before the planning committee.

Many local people are concerned about what legal advice has been,
and is, being provided in regard to planning applications
concerning Redlands Farm. There have been instances where Swindon
Borough Council has not been legally compliant. It is in the public
interest that the information that I have requested is released. A
failure to provide,according to a Barrister consulted about this
issue, what should be standard legal advice, suggests that the
Council has something to hide.
A section 42 exemption allows the Council to escape responsibility
of reply if the information provided could be used in legal
proceedings against it.

Actions taken by the Council regarding Redlands Farm have already
exposed the Council legally.

Yours sincerely,

K.Lacey

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K.Lacey left an annotation ( 5 June 2010)

After intervention by my solicitor Swindon Council admitted that the Chief Executive Gavin Jones did not seek legal advice and was not given legal advice before making his directive to council officers and employees. Legal advice received by this petioner suggests that in making this order the Chief Executive exceeded the limits of his legal authority.

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