Lincoln County Council Procedure on failures under the Data Protection Act 1998

Mr B P Wagstaff made this Freedom of Information request to Lincolnshire County Council

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

From: Mr B P Wagstaff

13 February 2009

Dear Sir or Madam,

Freedom of Information Act 2000

I request a full copy of Lincoln County Councils applied Policy &
Procedures to Information requests made under the 1998 Data
Protection Act.

What is the specified timescale/s for Lincoln County Council to
correctly supply Information requests made by the public under the
1998 Data Protection Act.

What is the specific Internal policy & procedure, including
complaint procedure, applied by Lincoln County Council when failing
to supply correctly Information requested under the 1998 Data
Protection Act legislation.

What is the specific timescale Lincoln County Council apply to the
public for Freedom of Information Act 2000 requests.

Who is the specified Data Protection Officer for Lincoln County
Council.

Yours faithfully,

Mr B P Wagstaff

Link to this

From: Trevor A. Peel

16 February 2009

Trevor Peel
Infrastructure Engineer
Information Technology
Mouchel
Mill House
Brayford Wharf North
Lincoln, LN1 1YT

Direct Line: +44 (0) 1522 83 6119
[1]www.mouchel-lincoln.com

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From: Mr B P Wagstaff

16 February 2009

Dear Sir or Madam,

As I have already received responses from LCC on a previous FOI
request made on this Computer and also sent and received
correspondence from workers within Lincoln County Council, then I
must assume you are having problems with your system. please advise
as to any further delay's from Lincoln County Council to the
requests submitted?

Yours sincerely,

Mr B P Wagstaff

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From: Infomgt
Lincolnshire County Council

16 February 2009

Dear Mr Wagstaff

Freedom of Information Reference: 07677FOI
Subject: Request for information regarding County Councils Policy and procedure with Data Protection Act requests

Please can you confirm whether this Freedom Of Information request was for the attention of Lincolnshire County Council or Lincoln City Council?

Yours sincerely

Shannon Bennett
Resources Directorate
Lincolnshire County Council

[Lincolnshire County Council request email]

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From: Mr B P Wagstaff

16 February 2009

Dear Infomgt, Shannon Bennett

Yes it was correctly sent to Lincoln County Council.
on the 13th February 2009, through the What do they know web
facility.

Yours sincerely,

Mr B P Wagstaff

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From: Mr B P Wagstaff

17 February 2009

Dear Sir or Madam,

I hope you have sorted the issues in respect to my requests made to
Lincolnshire's County Council as below.

1) Lincoln County Council Procedure on failures under the Data
Protection Act 1998. Submitted 13th February 2009.

3)Lincoln County Councils use of Private Investigators for the
Public. Submitted the 7th February 2009

2)Lincoln County Council - Child Counselling Services private or
public provision. Submitted 5th February 2009

Yours sincerely,

Mr B P Wagstaff

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From: Peter Barton
Lincolnshire County Council

18 February 2009

Attachment image001.gif
11K Download

We have been having trouble getting back to this e-mail. This is another
test.

Peter Barton
Head of Web & Information Governance
t: 01522 553696
e: [1][email address]
w: [2]www.lincolnshire.gov.uk

Keep up with developments in the WAIST
team here...[3]http://thewaistline.blogspot.com/

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From: Mr B P Wagstaff

18 February 2009

Dear Peter Barton,

That seems perfect, nice to have you successfully online Mr Barton
of Lincolnshire County Council.

Yours sincerely,

Mr B P Wagstaff

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From: Peter Barton
Lincolnshire County Council

18 February 2009

Thanks for that.

Ourselves and "what do they know" have been working to resolve an issue between our two systems.

Now it is operating correctly we will set to on answering your question.

Sorry for the delay.

Regards,

Peter

Peter Barton
Head of Web & Information Governance
t: 01522 553696
e: [email address]
w: www.lincolnshire.gov.uk

Keep up with developments in the WAIST team here...http://thewaistline.blogspot.com/

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From: Infomgt
Lincolnshire County Council

4 March 2009

Dear Mr Wagstaff

Freedom of Information Reference: 07677FOI

Subject: Request for information regarding County Coucncils Policy and
procedure with Data Protection Act requests

Thank you for your recent request for information received by this office
on 13 February 2008.

Q1. I request a full copy of Lincoln County Councils applied Policy &
Procedures to Information requests made under the 1998 Data Protection
Act.

Answer.

There is currently no specific policy relevant to the Data Protection Act.
We simply strive to comply in all respects.

All of our policies, or lack of them, in respect of Information
Governance, including Data Protection, are currently under review. We have
a new and growing section on our web site entitled "Information
Governance", where information regarding our "Information Governance"
procedures are made public. You can see it at the following address:

[1]http://www.lincolnshire.gov.uk/informati...

Q2. What is the specified timescale/s for Lincoln County Council to
correctly supply Information requests made by the public under the

1998 Data Protection Act.

Answer.

We respond to Subject Access Request within 40 calendar days.

Q3. What is the specific Internal policy & procedure, including complaint
procedure, applied by Lincoln County Council when failing to supply
correctly Information requested under the 1998 Data Protection Act
legislation.

Answer.

This is from our web site. "If you feel that we have not given you what
you want, or have taken more time than the statutory time limit, you are
entitled to complain. " and there is a link to our complaints pages at
[2]http://www.lincolnshire.gov.uk/complaints

Q4. What is the specific timescale Lincoln County Council apply to the
public for Freedom of Information Act 2000 requests.

Answer.

20 Working days.

Q5. Who is the specified Data Protection Officer for Lincoln County
Council.

Answer.

Peter Barton. Head of Web and Information Governance is the Data
Protection Officer for Lincolnshire County Council.

We believe that ths answers your request in full.

Yours sincerely

Rachel Starmer
Resources Directorate
Lincolnshire County Council

[3][Lincolnshire County Council request email]

The information we have supplied to you may contain intellectual property
rights of Lincolnshire County Council. Your use of the information must be
strictly in accordance with the Copyright Designs and Patents Act 1988 (as
amended), or other applicable legislation. In particular, you must not
re-use this information for any commercial purpose.

If you would like to re-use this information for any commercial purpose
you must make a formal request to us under the Re-Use of Public Sector
Information Regulations 2005. Please email us at
[4][email address]

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From: Mr B P Wagstaff

4 March 2009

Dear Infomgt, Rachel Starmer,

Thank you for the above document and content supplied.

In respect to your answer to Question 3, I did make a formal
complaint as your reply indicates doing, this was on the 02nd
February 2009. To date Lincolnshire County Council has failed to
either acknowledge or respond to this formal Complaint which is
again regrettable.

It is I believe now the 4th March 2009 and as yet no reply from
Lincolnshire County Council to the complaint submitted correctly,
which is very concerning considering your advice now given on this.

Based on Lincolnshire County Councils applied procedure failures to
uphold the answers you have given in qestion 2 and 3 above to a
member of the public. I now ask in regard to this Freedom of
Information Act request, that it is submitted without further delay
for Internal review, due to the maladministration applied to advice
and the reply when supplied by official's ie: Data Protection
Officers or Information agents of Lincolnshire County Council to
the public.

Yours sincerely,

Mr B P Wagstaff

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From: Mr B P Wagstaff

27 March 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 Lincolnshire County
Council's handling of my FOI request 'Lincoln County Council
Procedure on failures under the Data Protection Act 1998'.

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

Yours sincerely,

Mr B P Wagstaff

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From: Infomgt
Lincolnshire County Council

3 April 2009

Dear Mr Wagstaff

Thank you for your request for an Internal Review. Please could you clarify whether you are seeking an internal review of the way your Freedom of Information was handled, or whether you are seeking an Internal review or making a complaint about a previous complaint you have submitted through the complaint procedure that was described to you as part of your Freedom of Information request response.

Amy Hall

Principal Legal Officer

Legal Services Lincolnshire

County Offices

Newland

Lincoln

LN1 1YS

Tel: (01522 552039)

E-mail: [email address]

This e-mail may include legally privileged information and contain confidential material intended only for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination of information contained herein, together with distribution of copying of this e-mail, is strictly prohibited. If you have received this e-mail in error, please immediately notify me by return e-mail.

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From: Mr B P Wagstaff

3 April 2009

Dear Infomgt,

For the attention of Ms Amy Hall, Lincolnshire County Council,

Thank you for your e-mail of the 03rd April 09 seeking further
clarity to assist the Internal Review requested on the 04th March
09, this in relation to Freedom of Information, Your-Ref: 07677FOI,
please read the following:

Dear Mr Wagstaff

Thank you for your request for an Internal Review. Please could you
clarify whether you are seeking an internal review of the way your
Freedom of Information was handled, or whether you are seeking an
Internal review or making a complaint about a previous complaint
you have submitted through the complaint procedure that was
described to you as part of your Freedom of Information request
response.

------------------------------------------------------

The Information given in reply to FOI question 3 "ref Complaint" as
supplied below to assist, was already instigated, as yet
regrettably not acknowledged by Lincolnshire County Council as per
policy/procedure that I was directed to read.
This advice was also contradicted when sought.
The outstanding Information I requested is long overdue, and has
now been put to the Information Commissioner office as advised.

-----------------------------------------------------

Q3. What is the specific Internal policy & procedure, including
complaint procedure, applied by Lincoln County Council when failing
to supply correctly, Information requested under the 1998 Data
Protection Act legislation.

Answer.

This is from our web site. "If you feel that we have not given you
what you want, or have taken more time than the statutory time
limit, you are entitled to complain. " and there is a link to our
complaints pages at http://www.lincolnshire.gov.uk/complaints

Rachel Starmer
Resources Directorate
Lincolnshire County Council

------------------------------------------------------

The request for an Internal review would be to clarify what is
correct and what is not correct complaint procedure information
within your organisation please?

Ps:
I will be replying to Ms Amy Hall's supplied Information & contact,
this in respect to
"Lincoln County Councils use of Private Investigators for the
Public"

LCC Ref:07665FOI

Yours sincerely,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

8 April 2009

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Dear Mr Wagstaff

FOI Request: 07677FOI

Thank you for providing clarification below. I have reviewed the response
provided to you in respect of this request. Specifically, you asked:

What is the specified timescale/s for Lincoln County Council to correctly
supply Information requests made by the public under the 1998 Data
Protection Act.

Our response was:

We respond to Subject Access Request within 40 calendar days.

You also asked:

What is the specific Internal policy & procedure, including complaint
procedure, applied by Lincoln County Council when failing to supply
correctly Information requested under the 1998 Data Protection Act
legislation.

Our response was:

This is from our web site. "If you feel that we have not given you what
you want, or have taken more time than the statutory time limit, you are
entitled to complain. " and there is a link to our complaints pages at
[1]http://www.lincolnshire.gov.uk/complaints

I confirm that this information is correct. Under the Freedom of
Information Act we are obliged to supply you with information that is held
in a recorded format subject to any exemptions that may apply. We held
recorded information that answered your question about the complaint
procedure for information requested under the Data Protection Act. We
supplied you with that information in the form of a statement that is
provided in recorded format on our website and a link to where further
information about the complaints process is already published. This is the
extent of our obligation under the Act.

If you have utilised this procedure and not received a satisfactory
response then you can submit a complaint through any of the channels
provided on our website. Any unsatisfactory service you feel you have
received following your contact with another area of the County Council
cannot be reviewed through the internal review process for your Freedom of
Information Act request.

If you are not satisfied with the outcome of this review you are entitled
to submit a formal complaint to the Informtion Commissioner's Office.
Further details can be found on their website [2]www.ico.gov.uk.

Yours sincerely

Amy Hall

Principal Legal Officer

Legal Services Lincolnshire

County Offices

Newland

Lincoln

LN1 1YS

Tel: (01522 552039)

E-mail: amy.hall[3]@lincolnshire.gov.uk

This e-mail may include legally privileged information and contain
confidential material intended only for the use of the addressee. If the
reader of this message is not the intended recipient, you are hereby
notified that any dissemination of information contained herein, together
with distribution of copying of this e-mail, is strictly prohibited. If
you have received this e-mail in error, please immediately notify me by
return e-mail.

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From: Mr B P Wagstaff

11 April 2009

Dear Amy Hall,

Thankyou for your response dated the 8th April 09 relating to
issues and information supplied in reply to my FOI Request:
07677FOI by Lincolnshire County Council.

Due to the breaches of Lincolnshire County Councils complaints
Policy and procedures as you have now clearly provided Information
to clarify,the appropriate action will be instigated, again on your
information and advice you kindly gave.

As Information clearly was not supplied as requested under the Data
Protection Act 1998, and the complaint policy & procedure was
unavailable to a member of the public as recorded, this then raises
serious failing in the Local County Authorities supply of
information to the public.
I therfore on the subject of the above request an Internal review.

Thankyou for your assistance to date.

Yours sincerely,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

11 April 2009

I will be out of the office until Thursday 16th April 2009. Please contact Ruth Granger if your e-mail relates to an urgent Data Protection matte.

If your E‑mail is a request under the Freedom of Information Act then please send this to [Lincolnshire County Council request email] This is the E‑mail account that is used to process Freedom of Information Act requests.

Note: We are a Microsoft Office site. Our base version is Office 2000. Please make sure that files you send can be read in this format.

Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this e-mail is strictly prohibited unless expressly authorised by the sender.

The information contained in this message is intended for the named recipients only. It may contain privileged and confidential information and if you are not the addressee or the person responsible for delivering this to the addressee, you may not copy, distribute or take action in reliance on it. If you have received this message in error, please notify the sender(s) immediately by telephone. Please also destroy and delete as soon as possible the message from your computer.

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From: Mr B P Wagstaff

3 May 2009

Dear Amy Hall,

In regard to this Freedom of Information request, your ref: FOI
07677FOI.
Can you please confirm and detail your policy and procedure for the
Internal Review requested on the 11th April 2009, this in respect
to the request titled:

Lincoln County Council Procedure on failures under the Data
Protection Act 1998.

Yours sincerely,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

3 May 2009

I am currently out of the office, returning on Tuesday 5th May 2009. Please contact Kathy Beatham if your e-mail is urgent.

If your E‑mail is a request under the Freedom of Information Act then please send this to [Lincolnshire County Council request email] This is the E‑mail account that is used to process Freedom of Information Act requests.

Note: We are a Microsoft Office site. Our base version is Office 2000. Please make sure that files you send can be read in this format.

Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this e-mail is strictly prohibited unless expressly authorised by the sender.

The information contained in this message is intended for the named recipients only. It may contain privileged and confidential information and if you are not the addressee or the person responsible for delivering this to the addressee, you may not copy, distribute or take action in reliance on it. If you have received this message in error, please notify the sender(s) immediately by telephone. Please also destroy and delete as soon as possible the message from your computer.

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From: Mr B P Wagstaff

14 May 2009

Dear Amy Hall,

In regard to this Freedom of Information request, your ref: FOI
07677FOI. Can you please confirm and detail your policy and
procedure for the Internal Review requested on the 11th April 2009,
this in respect to the request titled:

Lincoln County Council Procedure on failures under the Data
Protection Act 1998.

Yours sincerely,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

14 May 2009

Dear Mr Wagstaff

Thank you for your e-mail. I am out of the office tomorrow but will provide a response to your request next week.

Amy Hall

Principal Legal Officer

Legal Services Lincolnshire

County Offices

Newland

Lincoln

LN1 1YS

Tel: (01522 552039)

E-mail: [email address]

This e-mail may include legally privileged information and contain confidential material intended only for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination of information contained herein, together with distribution of copying of this e-mail, is strictly prohibited. If you have received this e-mail in error, please immediately notify me by return e-mail.

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From: Mr B P Wagstaff

30 May 2009

Dear Amy Hall, principal Legal Advisor for Lincolnshire County
Council.

I have a received a response dated the 29th May 2009 from the
designated Complaints Manager for Lincolnshire County Council ,
This is a Mr John Stephenson.

He clearly states that he does not deal with issues for
Lincolnshire County Council apart from items stated and falling
within, as quoted from Mr John Stephenson. " I am statutory Social
Care Complaints Manager, and deal with complaints that fall under
Section S26 Children's Act 1989". he also makes further incorrect
statements relating to a Miss K Andrews actions to date.

As a complaint was registered to "The Complaints Manager" on the
2nd of February 09 in respect to Lincolnshire County Council
repeatably failing to provide information for a child under the
Data Protection Act 1998. The Complaint submitted is in accordance
with the advice Mrs Amy Hall gave on the 8th April 2009 FOI
Request: 07677FOI,when seeking Clarity on correct procedure for a
member of the public and advocate for a child, specifically on
Information request failures. Clear policy and procedure is now
again urgently required due to Mr John Stephenson's response.

The outstanding Information requested as notified to you Mrs Amy
Hall in a recent telephone Conversation, is regrettably still 6
months on outstanding from Lincolnshire County Council. I notified
Mrs Amy Hall that as advised from Mr John Stephenson ie (that quote
"there is no complaint policy for Information request failures")and
in relation to the lack of care by the disgraceful response from a
Mrs Edwina Scott of LCC, I have had no alternative but to put this
outstanding Information failure to the Information Commissioner's
office.

The Complaint of the 02nd Feb 09 has not at any time been correctly
acknowledged, therefore leaving clearly, failures to advocates and
representation for children not acted on.

This situation has been notified also to the following Lincolnshire
County Council officials:

1) Mr John Stephenson : (Complaints Manager)

2) Mrs Amy Hall : (Principal Legal Advisor)

3) Mr Peter Duxbury :
(Children's Service Director + Chairperson of the Local
Safeguarding Children Board)

4) Mrs Jennifer Thornton : (Local Safeguarding Children's Board)

5) Mrs Sally Ward. (Lincolnshire County Council)

This does not of course take into consideration any further
breaches in confidentiality undertaken.

The complaint to date needs correct acknowledgement & applied
procedure under the correct complaint policy as operated by
Lincolnshire County Council, and as per Mrs Amy Halls definition.

Issues that have come to light from a Data Protection Officer in a
signed response dated 20th February 09 attribute to the incorrect
refusal of Child's Information, and are based on, statements of a
malicious nature, by a Court convicted criminal.

This needed as stated clearly to a Mrs Jennifer Thornton on the
22nd April 09, at a stage 3 panel meeting, to be dealt with as a
matter of extreme urgency.

Individual questions asked repeatedly on this serious sensitive
issue have not been forthcoming at all. As these issues are acutely
private, it is with regret due to a complete lack of care for this
child by Lincolnshire County Council, that further questions under
the FOI statutory provision seem the only way that clarity and any
truth can be sought from the administration operating today in
Lincolnshire County Council departments.

The result of these failures is further serious maladministration
affecting children. This also clearly notified to Lincolnshire
County Council officials as listed, without as yet an Investigation
undertaken according to the complaint submitted and Policy
applicable.

I hope this is now dealt with after numerous requests since the
02nd February 09 and please take all of the above facts as
documented into account regarding the Internal Review requested.

Yours sincerely,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

30 May 2009

I will be out of the office on Friday 29 May 2009.

If your E‑mail is a request under the Freedom of Information Act then please send this to [Lincolnshire County Council request email] This is the E‑mail account that is used to process Freedom of Information Act requests.

Note: We are a Microsoft Office site. Our base version is Office 2000. Please make sure that files you send can be read in this format.

Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this e-mail is strictly prohibited unless expressly authorised by the sender.

The information contained in this message is intended for the named recipients only. It may contain privileged and confidential information and if you are not the addressee or the person responsible for delivering this to the addressee, you may not copy, distribute or take action in reliance on it. If you have received this message in error, please notify the sender(s) immediately by telephone. Please also destroy and delete as soon as possible the message from your computer.

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beek left an annotation ( 4 July 2009)

This would seem to be an appalling example of LCC obfuscating and wriggling when confronted with a perfectly legal FOI request. Trying to get information out of them is like pulling teeth. The problem is that the ICO will probably only issue "guidance on compliance procedures" instead of applying genuine sanctions.

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From: Mr B P Wagstaff

4 July 2009

Dear Sir or Madam,

I would request the information as offered by you Mrs Amy hall,
Lincoln County Councils Principal Legal advisor.

Yours faithfully,

Mr B P Wagstaff

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From: Mr B P Wagstaff

8 July 2009

Dear Sir or Madam,

Please can you advise why no procedure has been applied to this
Freedom of Information Act 2000 request including the Internal
Review requested in March 2009 and again when requested on the 11th
April 09.

Clarity for the Internal review request was supplied to a Mrs Amy
Hall, Principal Legal advisor for Lincolnshire County Council and
confirmation of the request for the Internal Review was given.

I believe this is an inappropriate delay in both the original
Freedom of Information requested Information, and failure to apply
due process of procedure to a member of the public requesting an
Internal Review.

Yours faithfully,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

8 July 2009

Dear Mr Wagstaff

Thank you for your e-mail.

The internal review that you requested for this Freedom of Information Request (07677FOI) was provided to you in my e-mail of 8th April 2009 titled "Freedom of Information Request: 07677FOI Internal Review Response". In that e-mail I stated:

"We held recorded information that answered your question about the complaint procedure for information requested under the Data Protection Act. We supplied you with that information in the form of a statement that is provided in recorded format on our website and a link to where further information about the complaints process is already published. This is the extent of our obligation under the Act.

If you have utilised this procedure and not received a satisfactory response then you can submit a complaint through any of the channels provided on our website. Any unsatisfactory service you feel you have received following your contact with another area of the County Council cannot be reviewed through the internal review process for your Freedom of Information Act request.

If you are not satisfied with the outcome of this review you are entitled to submit a formal complaint to the Information Commissioner's Office. Further details can be found on their website www.ico.gov.uk."

I am afraid I do not understand what further information I can supply to you in this regard.

Yours sincerely

Amy Hall

Principal Legal Officer

Legal Services Lincolnshire

County Offices

Newland

Lincoln

LN1 1YS

Tel: (01522 552039)

E-mail: [email address]

This e-mail may include legally privileged information and contain confidential material intended only for the use of the addressee. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination of information contained herein, together with distribution of copying of this e-mail, is strictly prohibited. If you have received this e-mail in error, please immediately notify me by return e-mail.

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From: Mr B P Wagstaff

13 July 2009

Dear Amy Hall,

Thank you for your response to the issues raised.
I have as you advise again due to failures on a formal complaint
submitted and receipted to Lincolnshire County Councils Complaints
Department, issued another complaint through the e-mail facility.
This was sent on Thursday 09th July and has returned a reference
Number 116074.

I hope that this will encourage Lincolnshire County Council to
apply its Complaint procedures in line with the applicable
Complaints policy now.

Thank you for your advice and assistance on this serious Data
Protection Act, and LCC,s Information Governance team Failure to a
child's outstanding Information request.

I understand that all relevant documentation should be forwarded to
the Information Commissioner regarding this issue.

Yours sincerely,

Mr B P Wagstaff

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From: Amy Hall
Lincolnshire County Council

13 July 2009

I will be out of the office until Wednesday 22 July 2009. Please contact Kathy Beatham if you require legal advice before my return.

If your E‑mail is a request under the Freedom of Information Act then please send this to [Lincolnshire County Council request email] This is the E‑mail account that is used to process Freedom of Information Act requests.

Note: We are a Microsoft Office site. Our base version is Office 2000. Please make sure that files you send can be read in this format.

Any form of reproduction, dissemination, copying, disclosure, modification, distribution and/or publication of this e-mail is strictly prohibited unless expressly authorised by the sender.

The information contained in this message is intended for the named recipients only. It may contain privileged and confidential information and if you are not the addressee or the person responsible for delivering this to the addressee, you may not copy, distribute or take action in reliance on it. If you have received this message in error, please notify the sender(s) immediately by telephone. Please also destroy and delete as soon as possible the message from your computer.

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From: Mr B P Wagstaff

13 July 2009

Lincolnshire County Council.

Dear Amy Hall,

Thank you for your response to the issues raised.
I have as you advise due to failures on a formal complaint
submitted and receipted to Lincolnshire County Councils Complaints
Department on this FOI issue, sent another complaint through the
e-mail facility. This was sent on Thursday 09th July and has
returned a reference Number 116074.

I hope that this will encourage Lincolnshire County Council to
apply its Complaint procedures in line with the applicable
Complaints policy now.

Thank you for your advice and assistance on this Data Protection
Act, and LCC,s Information Governance team Failure to a child's
outstanding Information request.

I understand that all relevant documentation should be forwarded to
the Information Commissioner regarding this Information
maladministration.

Yours sincerely,

Mr B P Wagstaff

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Mr B P Wagstaff left an annotation (13 August 2009)

The 1998 Data Protection Act was clearly breached by Lincolnshire County Council officials, the reasons for failure to provide 'Subject Access information' requested are before the Information Commissioner.

10 months on the Information requested in writing to this Council is still outstanding for my child.

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anon left an annotation (27 February 2010)

This John Stephenson is a nightmare to deal with. He does everything he can to obstruct complaints. He will give you false reasons why he can't progress your complaint. He will get you re-writing your complaint over and over for no reason other than to exhaust you in the hope you will drop your complaint. He will tell you your complaint is vexatious,that you have no complaint, whilst repeating parrot fashion that his role is impartial.huh! He chooses all the investigators up to stage 3 so you will get no-where until its out of the local authorities hands. People really need an experienced advocate or legal person with knowledge of complaint procedure to have a chance of getting anywhere with a complaint.

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Mr B P Wagstaff left an annotation (28 February 2010)

Dear Anon,

Thank you for your comment and observations in respect to failings of social complaints that are handled by a Mr Stephenson.

It is as you say regrettable that complaints and statutory regulations are so poorly administered at all levels from this authority. I have to wait a little longer before supplying details of the abuse my family have received on various serious issues as I am sure you will understand.

My main aim is now to improve the lot for children in the West-Lindsey and Lincolnshire County area who are suffering and remain an easy target for failing officials. I believe statutory social obligations to Children need applying correctly and now as a matter of urgency.

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anon left an annotation ( 5 March 2010)

This CO told me in writing my complaint was vexatious and I didnt have a complaint. It was upheld at lgo stage and the complaint stage was criticised and something awarded.

The trouble is so many complaints are said to be resolved at stage 1 when the people are just obstructed and told they cant complain because they have been through care proceedings which is false or some other fob off.

To use this complaint service you need to have access to the internet so you can check information. You need to be good at paperwork,which many people arent. You also need to have the internet to check social work procedures etc.

It is up to the CO to help write out a complaint but they won't tell you what procedures sws have broken as they have a vested interest in protecting these workers. Its an absolute minefield. If you read their complaints booklet it stated "help us to help you." they say they welcome complaints in order to improve their already high standards!!!!!!
In reality the opposite is true.The complaints system is used to cover up malpractice so that ss staff can behave how they wish. That is why things never change.

I think a watchdog should be set up on the internet so that people can come together and get advice and support. Then we can collate what is happening and challenge it.

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anon left an annotation ( 5 March 2010)

Also Lincoln social services were supposed to have changed procedures since they abused my family needlessly.

I don't believe they have done anything. From what I have heard things are as bad as ever,which concerns me that lessons have not been learnt! I shall have to submit my own FOI request and get people involved.

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anon left an annotation ( 5 March 2010)

A woman on facebook who had the same problem went to the local paper and finally she has had her records.

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Mr B P Wagstaff left an annotation ( 6 March 2010)

Dear Anon,

You make absolute valid points Anon, people using the Social Services Complaint section of Lincolnshire County Council will I am sure recognise immediately the failings.
Are you saying that Lincolnshire County Council official's are corrupt regarding Social Services procedures?
I am sorry to hear that your family have suffered abuse.

Did you say that there is an organisation set-up to help people suffering this sort of abuse or are you intending to look into this.I will of course contribute?
I wish you and your family the best of luck and will keep you in mind.

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anon left an annotation ( 8 March 2010)

I will message you,rather than post too much on here.

If you go to the childrens services website then they have local procedures that ss staff have to follow. Also the General social care council have a list of codes of conduct that the social workers and staff should follow.Unfortunately staff seem to behave as they wish and the social services response is to direct you to the complaint service. Which even staff admit no-one gets anywhere with it unless you have plenty of time and access to people with knowledge on the internet.

Yes my family was abused shockingly by sws and the managers dont give a toss. They will defend staff no matter how bad. You will also find if you put in a complaint about serious misconduct that the worker will mysteriously be transferred to the next county SS,which is irresponsible and just moves the problem to more unsuspecting families.

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Things to do with this request

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