Dear Sir or Madam,

Please find attached recent correspondence I have had with the
'Campaign for Better Transport' regarding their activities in
trying to collect negative information about the conservative/tory
party.

I would like to know if you have already received a complaint about
this, and if not what needs to be done for you to consider such a
complaint.

Yours faithfully,

Paul Perrin

---------- Forwarded message ----------
From: paul perrin <[email address]>
Date: 2009/6/18
Subject: Re: Contact Campaign for Better Transport
To: Campaign for Better Transport <[email address]>

Madam,

Your 'clarification' clearly does not address the content of the
original email.

The phrase "of how they'll really behave in government." can only
refer specifically to the conservatives.

It is a shame that you seek to cover up the mistake that has been
made, rather than address the issue.

As long as you deny what has happened there can be no confidence
that it can be properly addressed.

I know you are not subject to Freedom of Information legislation
(yet) however as good practice I would appreciate it if you could
tell me who had seen the original email (and any drafts) before it
was sent out.

Regards

Paul Perrin

2009/6/18 Campaign for Better Transport <[email address]>

Hello Mr Perrin,
Thanks for your email. I paste below an email I sent round today in
response to Duncan's email.

Estelle

---
Good morning,

This is an email to clarify a note we sent round yesterday asking
for
examples of transport policies being made or considered at a local
level, because I realise the note may have come across as party
political.

The email referred to the Conservative Party because in the
elections
earlier this month the Conservatives gained control of 30 of the 34
councils. It should instead have asked for examples of 'council'
actions
or thinking. Because of the dominance of the Conservatives at the
council level, the term Conservatives was used almost as shorthand.
It
should not have been. We are interested in information about local
council transport decisions, not solely Conservative council
decisions.

We are a non-partisan organisation. We are interested in securing
good
transport policies and programmes, not in party political issues.
We
work with all political parties to improve public transport. I'm
sorry
if yesterday's email gave you a different impression.

I hope this email clarifies things and am happy to take any
questions.

Estelle
---

Estelle Taylor
Communications Director
- - - - - - - - - - - - - - - - - - - - - - -
Campaign for Better Transport
12-18 Hoxton Street, London N1 6NG
www.bettertransport.org.uk

Campaign for Better Transport works to secure transport policies
and
programmes that improve people's quality of life whilst reducing
environmental impact.

Campaign for Better Transport Charitable Trust is a registered
charity
(1101929) and a company limited by guarantee, registered in England
and
Wales (4943428).

This e-mail and any attachments with it are intended for the
addressee
only and not for wider distribution. They may be confidential and
may be
the subject of legal and/or professional privilege. If you have
received
this email in error, please notify the sender. The content may be
personal or contain personal opinions and cannot necessarily be
taken as
an expression of the position of the Campaign for Better Transport.
Whilst every care has been taken to check this outgoing email for
viruses, it is the responsibility of the recipient to carry out any
checks upon arrival. Campaign for Better Transport cannot be held
responsible for any damage caused in this way.

-----Original Message-----
From: [email address] [mailto:[email address]]
On Behalf Of Paul Perrin
Sent: 18 June 2009 08:34
To: Campaign for Better Transport
Subject: Contact Campaign for Better Transport

Submitted on Jun 18 2009 - 08:33
Submitted by anonymous user: [213.120.115.254]

Submitted values are:

Your name: Paul Perrin
Your email address: [email address]
Your phone number:
Type of enquiry: I have a question about one of your campaigns
Your message:
Hi

I have read that Duncan macKenzie of your Campaigns and
Communications
team sent out an email including the following text:
---
We've been approached by a campaigner in Nottingham who's alerted
us
that the Conservatives, who have just won control of the local
council,
have said they're going to cancel the planned tram extension there.
So
to help, we've been wondering if we can find other examples of
things
the Tories are doing which are bad for sustainable public
transport.
Can you tell us if they've done or said anything in your area
that's
grabbed your attention about local bus, tram or rail travel,
planned
roads, or airports? We're thinking of 'negative' things - things
that
show that they're hostile to good public transport. Perhaps also,
what
they do and say locally can give us some idea of how they'll really
behave in government.

When you tell us what they've been up to near you, we'll try to put
that
in the national picture and see if we can build up a profile of
their
local actions and policies across the country.

Please send all your comments to me....
--

Could you explain why you are taking an interest in party political
matters and provide me with the full text of this email, so I can
consider whether this justifies a complaint to the charity
commissioners.

Regards

Email subject: Contact Campaign for Better Transport

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

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.

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delete
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Dear Mr Perrin

Thank you for your email of 18 June 2009, in connection with your concerns
regarding the circulation by the charity of an email entitled 'Campaign
for Better Transport wants to hear from you!'.

Your enquiry whether the Commission has already received a complaint about
this email has been assessed as a request under the Freedom of Information
Act 2000 and we can respond to that request as follows:

1. A single similar complaint was received on 17 June 2009, the day
before your own email to us. Subsequently, we have received a related
press enquiry from 'Third Sector Magazine' on 19 June 2009.

If you are unhappy with our response to your FOI request, have a complaint
or wish to request a review of our FOI decision, you should write to:
Charity Commission Direct, PO Box 1227, LIVERPOOL, L69 3UG. Please state
what it is you are dissatisfied with, which will assist us when we review
our response. If you request a Decision Review you will be notified of our
final decision.

If after this you remain unhappy with the decision, you may apply directly
to the Information Commissioner (ICO) for a decision. Generally, the ICO
cannot make a decision unless you have exhausted our complaints
procedure. The Information Commissioner can be contacted at: The
Information Commissioner***s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF.

Addressing your wider concerns regarding the email, we can advise as
follows:

1. Having carefully considered the concerns expressed to us, together
with the content of the response issued to you by Estelle Taylor on
behalf of the charity, we are currently corresponding with the
charity's trustees to provide detailed advice and guidance.
2. The Commission publishes specific guidance for charities considering
engaging in Campaigning or other activities which could be seen by the
public as being political or politically motivated. This guidance
(CC9) is available to the public on our website at
[1]www.charitycommission.gov.uk, by following the link 'Publications
and Guidance'. You may find this helpful in understanding the
Commission's position in addressing such matters.

We can not comment on the form of apology offered by Ms Taylor on behalf
of the charity, other than to note that this appears to have been
circulated to all those receiving the original. We will however be
seeking specific confirmation of this directly from the trustees.

We appreciate you drawing this matter to our attention.

Any query, please call us on 0845 3000 218

Yours sincerely

Kenneth Rogers

Charity Commission Direct - Caseworking Team

t: 0845 300 0218

f: 0151 703 1555

e: [2][Charity Commission request email]

a: PO Box 1227, Liverpool, L69 3UG

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Dear CCD Email Team,

Thank you for your prompt and considered response.

Just to clarify the current situation - are you investigating this
complaint further? or have you considered it and (as per your
email) decided that the appropriate response is to give them
additional guidance?

Yours sincerely,

Paul Perrin

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

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Dear Mr Perrin

Thank you for your email of 23 June 2009, in connection with the above
charity.

As indicated in our initial response, the Commission is actively seeking
the trustees response to the concerns expressed. The trustees have
indicated to us that the matter will be discussed in depth at their next
meeting and a response to the queries we have raised will follow shortly
after that meeting. Once this has been received and fully considered we
will then (and only then) decide what action on our part may be required.

At this stage the Commission is simply gathering information to assist in
formulating such a decision.

Any query, please call us on 0845 3000 218

Yours sincerely

Kenneth Rogers

Charity Commission Direct - Caseworking Team

t: 0845 300 0218

f: 0151 703 1555

e: [1][Charity Commission request email]

a: PO Box 1227, Liverpool, L69 3UG

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Dear Mr Rogers,

Thank you for your response.

You say:

"As indicated in our initial response, the Commission is actively
seeking the trustees response to the concerns expressed."

However your initial response said nothing of the kind, your
initial response actually said:

"we are currently corresponding with the
charity's trustees to provide detailed advice and guidance."

Providing the charities trustees with "detailed advice and
guidance" is entirely different to "seeking the trustees response
to the concerns expressed".

Can you confirm that you accept that these are entirely different,
and so your response to me was entirely inappropriate and
misleading?

Further, can you tell me:
- When the next meeting of the charities trustees is to be held.
- When you will be receiving a report of that meeting
- When you will be forming a view based on that report
- Whether you will be providing 'interested parties' (such as
myself) with updates on progress, or whether we will be expected to
ask at regular intervals to track the progress of this matter?

Yours sincerely,

Paul Perrin

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

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Dear Mr Perrin

Thank you for your email of 28 June 2009 in connection with the above
charity.

Our apologies if you found our earlier responses confusing, in the context
of outlining the Commission's engagement with the charity's trustees over
the concerns expressed in relation to the circular email issued by one of
its workers.

In our initial responses we indicated that we were corresponding with the
trustees on the matter, with a view to providing advice and guidance where
needed, subsequently we confirmed that we were actively seeking the
trustees response to the concerns expressed. Both forms of phraseology
were accurate and in our view indicative of the fact that we were
corresponding with the trustees to seek their response with a view to
providing advice and guidance where needed.

We do not consider either response misleading or inappropriate, since we
are corresponding with the trustees to seek their response and will where
found necessary then provide them with detailed advice and guidance,
however we apologise if this impression was given inadvertently by our
choice of phrase.

We understand that the trustees are due to meet to discuss these matters
in November 2009 (at their next scheduled meeting) and we have been
assured that a response to our correspondence will be provided shortly
thereafter. We will not be providing you (or any other interested
parties) with any updates however, since our correspondence
with the trustees is conducted in confidence as part of our regulatory
role.

As indicated in our email to you dated 26 June 2009, a decision on what
(if any) specific advice and guidance we may need to provide to the
trustees' will be made following receipt and consideration of their
response.

Any query, please call us on 0845 3000 218

Yours sincerely

Kenneth Rogers

Charity Commission Direct - Caseworking Team

t: 0845 300 0218

f: 0151 703 1555

e: [1][Charity Commission request email]

a: PO Box 1227, Liverpool, L69 3UG

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Dear CCD Email Team,

Any confusion is clearly in the content of your responses, which
given your clarification are indeed misleading.

So can you confirm that following a complaint from the public, your
procedure is to acknowledge the complaint and then provide no
further information/response to the complainant?

Yours sincerely,

Paul Perrin

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

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Dear Mr Perrin

Thank you for your email of 6 July 2009, in connection with the above
charity.

As requested we confirm that after considering and acknowledging a
complaint against a charity the Commission provides no further 'updates'
to the complainant.

We feel it important to point out that this does not mean complaints are
ignored:

o If issues falling within our remit are identified during our
consideration of the complaint (or subsequently) these would of course
be taken up with the trustees of the charity, however that
correspondence would be confidential in nature and could not be copied
or summarised to a complainant.
o If no issues fall within our remit, or issues exist which fall to
other Regulators are identified, the complainant will be informed of
this and where possible given advice on addressing these by other
means.

Any query, please call us on 0845 3000 218

Yours sincerely

Kenneth Rogers

Charity Commission Direct - Caseworking Team

t: 0845 300 0218

f: 0151 703 1555

e: [1][Charity Commission request email]

a: PO Box 1227, Liverpool, L69 3UG

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Dear CCD Email Team,

I appreciate this is not really part of the FOI process, but I
really think you need to think through the statement that you have
made (vis):

"however that correspondence would be confidential in nature"

Why would any correspondence be 'confidential' in nature? what is
it that a charity and the charity commission would want to keep
secret from the public - the public who fund the commission, donate
to the charity and 'finance' every charities tax-free status?

I think your organisation must *fundamentally* misunderstand the
entire basis of 'freedom of information' to make such a statement.

Every penny that finances you and the charities very existence
comes from the publics pocket - what could there possibly be that
the 'public' must no know?

Yours sincerely,

Paul Perrin

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

This email and any files transmitted with it are confidential and intended
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Dear Mr Perrin

Thank you for your email of 28 July 2009, in connection with the above.

While able to understand your concern, that information to which the
public have a statutory right of access is in fact made available to them
in accordance with that right, the matter is not quite as simple as it may
appear at face value.

Information held by Public Bodies such as the Commission is indeed subject
to the provisions of the Freedom of Information Act 2000, however it is
also subject to the provisions of the Data Protection Act 1998. It is
precisely because of the 'overlap' between these two pieces of legislation
that a Schedule was included in the Freedom of Information Act 2000
excepting the disclosure of certain information under certain
circumstances.

One such exception is where a Regulatory Body, such as the Commission,
engages in correspondence as part of its Regulatory role. Another such
exception is where information requested is of a personal nature, subject
to the provisions of the Data Protection Act 1998. Where such exceptions
arise, it is not therefore a case of the Public Body wishing to 'keep
secret' the information concerned, it is simply the case that the law says
that information can not be disclosed. This is in effect exactly the same
legislation which protects your correspondence with us from disclosure to
the trustees of the charity concerned in your original complaint to us
(Campaign for Better Public Transport - 1101929).

It must also be remembered that the Freedom of Information Act 2000
applies only to information, it does not grant any right to actual
correspondence (although on some occasions providing copies can be the
most efficient means of providing the information requested this is not a
right under the 2000 Act). For example, a request could be made for a
copy of a letter containing allegations against an individual, such a
request would be declined if the correspondence was confidential in
nature, however it may be possible for a summary of information contained
in the letter to be made available in response to the request.

The above is of course a deliberate simplification, since the issues and
legislation surrounding Data Protection, Confidentiality of Information
and Freedom of Information, are complex and overlap in many places.

The Commission simply operates within the legislative and regulatory
framework established by Parliament and its handling of information is
itself subject to Regulation by the Office of the Information
Commissioner. It is to that Office that you would need to direct any
request for a more detailed technical explanation of why some forms of
information are held in confidence and some can be disclosed.

As we have already advised you, the charity's trustees are due to meet in
November 2009 to discuss the issues arising from the circulation of the
email about which you first complained. Once they have done so we have
been told by them that they will respond to us and on receipt of that
response we will consider whether the trustees have identified any further
corrective action they need to take internally, or whether they require
any additional advice or guidance from the Commission.

If you are dissatisfied with this response, or our handling of this case,
you are free to raise a separate complaint about this with the
Commission. Initially this would involve our local resolution process, a
review of the case handling by the Senior Manager of the Division
responsible, at the end of which if still dissatisfied your would be
informed of further options available to you.

If you wish to begin this process you should contact Ms Deborah Morgan,
Senior Manager, Charity Commission Direct, PO Box 1227, Liverpool L69
3UG. You may also contact her by email via the
[1][email address] address, marking your email -
Complaint against the Commission - and setting out the nature of your
complaint over our handling of your complaint against the charity.

Any query, please call us on 0845 3000 218

Yours sincerely

Kenneth Rogers

Charity Commission Direct - Caseworking Team

t: 0845 300 0218

f: 0151 703 1555

e: [2][Charity Commission request email]

a: PO Box 1227, Liverpool, L69 3UG

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Dear CCD Email Team,

I find your response patronising and evasive.

So would like the request/response to under go an internal review.

A major charity appear to be engaging in party political activities
in the year leading up to a general election, and the charity
commissioners response is to sit on their hands for a full six
months while they wait for the charities trustees next meeting to
come around before considering any action.

You offer no explanation of your reasoning, you just state what you
are doing, and hide behind your interpretation of the freedom of
information act/data protection act to block any further
consideration.

This is not acceptable behaviour from a publicly financed body.

Yours sincerely,

Paul Perrin

Thank you for your email to the Charity Commission.

We aim to give you a full and clear response within fifteen working days
from receipt of your email. We will ensure that our response is both
accurate and appropriate.

This is the same service standard we apply to letters and faxes but
Charity Commission Direct will usually respond to general email enquiries
within five working days where there is no need for referral to one of our
specialist operational teams.

If we cannot give you a full response within fifteen days, we will contact
you and let you know the reasons why this is not possible and indicate
when we expect to be in a position to give you a full response. We will
also let you have the name and contact number of the person dealing with
your query.

You can find the Commission's contact details on our website at
[1]http://www.charitycommission.gov.uk/tcc/...

This email and any files transmitted with it are confidential and intended
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Dear Mr Perrin

Thank you for your email of 5 August.

I note from your email that you found my colleague***s response of 30 July
both patronising and evasive. As a result of this you would like the
request/response to undergo an internal review.

In order that we might give this matter further consideration we do
require precise details as to what you would like reviewed. In particular,
we require confirmation as to whether you want us to review your request
for information and/or the manner in which your correspondence/this case
has been handled.

It is clear from your email that you found our response to your previous
correspondence unacceptable. It is unclear however as to why you found it
unacceptable. It would be appreciated therefore if you could provide us
with full details of any specific areas of concern. Once we have received
a clear explanation as to why you consider our previous response(s)
unacceptable we will be happy to review the case.

I look forward to hearing from you.

Any query, please call us on 0845 3000 218

Yours sincerely

Barbara Westhead

Charity Commission Direct - Caseworking Team

t: 0845 300 0218

f: 0151 703 1555

e: [1][Charity Commission request email]

a: PO Box 1227, Liverpool, L69 3UG

------------------- Original Message

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