Mosquito Anti Teen Device

Dear Ms Cosgrove

I acknowledge your request for information under the Freedom of
Information Act 2000. Assuming we hold this information, I will endeavour
to supply the data to you as soon as possible but no later than 20th
November 2009 (20 working days from date of receipt).

I will advise you as soon as possible if we do not hold this information
or if there are exemptions to be considered and/or any costs for providing
the information. Please quote our reference - FOI/09/1199 - in any
communication regarding this particular request.

Best regards

Corporate Access to Information Team, Chief Executive's Department
Kent County Council, Legal & Democratic Services, Room 1.94, Sessions
House, County Hall, Maidstone. ME14 1XQ.
Tel: 01622 696265 or 01622 694261 - Fax: 01622 694383
[1]http://www.kent.gov.uk/council-and-democ...

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Dear Jan Cosgrove,

Thank you for your request for information regarding Mosquito Devices,
asking for copies of the following:

* correspondence with government departments and ministers
* minutes of all meetings where this matter was reported or considered
* decisions made by Cabinet Members and Officers to enforce the ban
* reports giving the number and location of any such devices which would
be covered by such a ban
* any information about the basis for such a ban (human rights, health,
public order etc)

Please find attached copies of the Report to County Council by Mr Mike
Hill, Cabinet Member for Community Services, which recommended that these
devices should be banned, and outlined the basis for this recommendation.
Also attached is a copy of the minutes from the County Council meeting on
15th May 2008, where Members resolved to ban these devices (Item 10).

There is no information held regarding the number and location of any such
devices, or any subsequent correspondence with government departments or
ministers. However, the decision by Kent County Council (KCC) was the
catalyst for other publicity campaigns, initiatives, and media articles on
a national scale, including the following:

BBC Newsround (June 2008)

Daily Telegraph (October 2008)

Liberty - 'Buzz Off' Campaign (2008)

Daily Mail (June 2008)

Around Kent Publication (Autumn 2008)

Kentonline (2008)

This is London (2008) - with an article from the Children's Commissioner
for England supporting the KCC approach and linking it to the Liberty
'Buzz Off' campaign

IDEA.gov.uk - a KCC forum

The City of York Children and Young People's Plan 2009-12 includes
reference to the KCC policy to ban Mosquito devices.

If you are unhappy with this response, and believe that KCC has not
complied with legislation, please ask for a review by following our
complaints process; details can be found at this link
[1]http://www.kent.gov.uk/council-and-democ...
on our website. Please quote reference FOI/09/1199.

Yours sincerely,

Andrew Swan
Information Governance Officer (Communities)
3rd Floor, Invicta House, Maidstone, Kent. ME14 1XX
01622-221621 (internal: 7000 1621)
[2][email address]

References

Visible links
1. https://webmail.kent.gov.uk/exchweb/bin/...
http://www.kent.gov.uk/council-and-democ...
https://webmail.kent.gov.uk/exchweb/bin/...
2. mailto:[email address]

Dear Jan Cosgrove,

In the response it does indicate that "There is no information held
regarding the number and location of any such devices, or any subsequent
correspondence with government departments or ministers."

I apologise if use of the word 'subsequent' may have implied that there
was correspondence prior to the County Council decision.
I can clarify that I was advised that there is no correspondence with
government departments or ministers held.

Yours sincerely,

Andrew Swan

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Dear Jan,

I am double-checking the position, although I understand it to be that
there has been no such correspondence to date.

I will return to you asap.

Yours sincerely,

Andrew Swan

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Dear Jan,

I will be away from the office now until Tuesday 8th December, however I
hope to be able to return to you on this during next week.

Yours sincerely,

Andrew Swan

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Dear Jan,

I regret that I still await a reply for your most recent follow-on
query, but will return to you as soon as I am able.

Yours sincerely,

Andrew Swan

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Dear Jan,

Many thanks for your patience. I have now been able to secure a reply
from the Cabinet Member for Community Services.

Following the County Council meeting a decision was made to defer any
formal communications with central government in order to gauge the
impact of these devices in Kent, although opportunities have been taken
to raise awareness through publicity as indicated in the original
response to you.

Thus far Kent County Council has not received any complaints from the
community about these devices (either directly or via Members in their
constituency capacity), however the current state of play will be
re-considered should there be any subsequent evidence of adverse impact.

Yours sincerely,

Andrew Swan

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Dear Jan,

I acknowledge your email, and will return to you in due course.

Yours sincerely,

Andrew Swan

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Dear Jan Cosgrove,

Further to recent communications I am now able to respond to the
following outstanding points:

On what legal authority the Cabinet Member deferred implementing a
decision of the full Council
I have been advised by the Head of Democratic Services and Local
Leadership that there is no legal or Constitutional requirement for the
County Council resolution to be followed through within a specific
timescale, and that the resolution should be taken as County Council
endorsement of the proposed course of action rather than a directive. If
the course of action proves unnecessary, or a different approach is
required, there is no legal or Constitutional requirement to notify the
County Council of non-implementation.

When this period of deferral will conclude?
As previously indicated, this will be dependant upon evidence of adverse
impact within the County.

Contact details for the Cabinet Member and the Chief Executive

Mr Hill's details can be found following this link:
[1]http://democracy.kent.gov.uk/mgCommittee...

Peter Gilroy's details can be found following this link:
[2]http://www.kent.gov.uk/your_council/how_...

Does the Council have any indication of where any such devices are
installed in the County?
Kent County Council does not hold information about use of devices in the
County and, as previously indicated, has received no complaints about
adverse impact.

Yours sincerely,

Andrew
Andrew Swan
Information Governance Officer (Communities)
3rd Floor, Invicta House, Maidstone, Kent. ME14 1XX
01622-221621 (internal: 7000 1621)
[3][email address]

References

Visible links
1. http://democracy.kent.gov.uk/mgCommittee...
http://democracy.kent.gov.uk/mgCommittee...
2. http://www.kent.gov.uk/your_council/how_...
http://www.kent.gov.uk/your_council/how_...
3. mailto:[email address]
mailto:[email address]

Dear Jan,

I am making further enquiries.

Yours sincerely,

Andrew Swan

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Dear Jan Cosgrove,

I have been advised that elected Members would be aware in general terms
that Council/Cabinet/Committee authority is required for certain courses
of action, but that the implementation of those decisions would follow
as and when appropriate. Elected Members would also be aware in general
terms that, sometimes, the authority of the Council, Cabinet or
Committee is obtained for a particular course of action that is not then
deemed necessary by the relevant Directorate/Cabinet Member because
circumstances change. As far as I am aware, elected Members were not
made aware that this particular decision might be deferred or not
implemented.

If you wish to pursue this element of your enquiries further I would
recommend that you contact the Head of Democratic Services and Local
Leadership, Mr Peter Sass (Kent County Council, Legal and Democratic
Services, Sessions House, County Road, Maidstone, Kent, ME14 1XQ, or via
08458 247 247).

I can also advise you that the matter of mosquito devices was first
raised by Kent County Councillor Mr Michael Northey. The following link
should take you to Mr Northey's contact details on Kent County Council's
website.

http://democracy.kent.gov.uk/mgUserInfo....

Yours sincerely,

Andrew Swan

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