Dear Sir or Madam,

Please submit the surveyors report that claimed Splashlands at
Stanborough Lakes was suffering from subsidence.

Yours faithfully,

Neil Burrows

Dear Mr Burrows,

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

I acknowledge your request for information received on 25th May 2008.
Your request has been passed onto me, as I am the officer responsible for
Freedom of Information at the Council. The email address you have
contacted is the correct address for Freedom of Information requests.

The Council's policy is to release information unless an exemption can be
reasonably applied. The Council will respond within 20 working days by
either releasing the information or letting you know why it cannot release
the information. If for any reason it is not possible to respond within
the 20 days, we will let you know as soon as possible with the date by
which we anticipate we are able to respond.

For your information, the Freedom of Information Act defines a number of
exemptions, which may prevent release of the information you have
requested. There will be an assessment of your request and if any of the
exemption categories apply then the information may not be released. You
will be informed if this is the case, including your rights of appeal
against the refusal to disclose the information.

If the information you request concerns a third party then they may be
consulted prior to a decision being taken on whether or not to release the
information to you. You will be informed if this is the case.

If you have any queries or concerns then please contact Ian Colyer,
Freedom of Information Officer, Welwyn Hatfield Council, Council Offices,
The Campus, Welwyn Garden City, Herts AL8 6LA, Tel 01707 357413, email:
[1][Welwyn Hatfield District Council request email] .

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[2]www.informationcommissioner.gov.uk

Yours sincerely,

Ian Colyer

Freedom of Information Officer

Welwyn Hatfield Borough Council

Find a job online, report streetscene problems, pay bills or find out what
benefits you could claim by visiting [3]www.welhat.gov.uk

The information in this email is intended for the named recipients only.
It may be subject to public disclosure under the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure, the
confidentiality of this email and your reply cannot be guaranteed.

If you are not the intended recipient you must not copy, distribute or
take any action or place reliance on any of the contents. If you have
received this email in error, please notify the sender as soon as possible
by using the email address shown and then delete the message.

Please be aware that emails sent to or received from Welwyn Hatfield
Borough Council may be intercepted and read by the Council. Interception
will only occur to ensure compliance with Council policies or procedures
or regulatory obligations, to prevent or deter crime, or for the purposes
of essential maintenance or support of the email service.

Finally, the views expressed in this message are personal and not
necessarily those of the Council.

References

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1. mailto:[Welwyn Hatfield District Council request email]
2. http://www.informationcommissioner.gov.uk/
3. http://www.welhat.gov.uk/
http://www.welhat.gov.uk/

Dear Mr Burrows,

Thank you for your request for information received on 25^th May 2008.

I have now been in contact with our Corporate Property Department to
satisfy your request. Unfortunately, I have been informed that this
document can not be found in our records. There have been a number of
staffing changes in this department since the swimming pool was closed and
the staff who dealt with this issue no longer work for the Council. I am
sorry that I cannot be of further help.

I hope this satisfies your request but if you require clarification or any
further information, please contact me.

If you are dissatisfied with the handling of your request, please set out
in writing your complaint and send it to Ian Colyer, Freedom of
Information Officer, Welwyn Hatfield Council, Council Offices, The Campus,
Welwyn Garden City, Herts AL8 6AE, tel: 01707 357413, email:
[1][Welwyn Hatfield District Council request email]. I enclose a copy of the Freedom of Information
complaint procedure.

If you are still dissatisfied, you can also complain to the Information
Commissioner at:

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Telephone: 01625 545 700

[2]www.informationcommissioner.gov.uk

Yours sincerely

Ian Colyer

Freedom of Information Officer,

Welwyn Hatfield Borough Council

Find a job online, report streetscene problems, pay bills or find out what
benefits you could claim by visiting [3]www.welhat.gov.uk

The information in this email is intended for the named recipients only.
It may be subject to public disclosure under the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure, the
confidentiality of this email and your reply cannot be guaranteed.

If you are not the intended recipient you must not copy, distribute or
take any action or place reliance on any of the contents. If you have
received this email in error, please notify the sender as soon as possible
by using the email address shown and then delete the message.

Please be aware that emails sent to or received from Welwyn Hatfield
Borough Council may be intercepted and read by the Council. Interception
will only occur to ensure compliance with Council policies or procedures
or regulatory obligations, to prevent or deter crime, or for the purposes
of essential maintenance or support of the email service.

Finally, the views expressed in this message are personal and not
necessarily those of the Council.

References

Visible links
1. mailto:[Welwyn Hatfield District Council request email]
2. http://www.informationcommissioner.gov.uk/
3. http://www.welhat.gov.uk/
http://www.welhat.gov.uk/

Mr Burrows,

My apologies. I forgot to attach the complaint procedure.

Ian Colyer,

Freedom of Information Officer,

Welwyn Hatfield Borough Council

Find a job online, report streetscene problems, pay bills or find out what
benefits you could claim by visiting [1]www.welhat.gov.uk

The information in this email is intended for the named recipients only.
It may be subject to public disclosure under the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure, the
confidentiality of this email and your reply cannot be guaranteed.

If you are not the intended recipient you must not copy, distribute or
take any action or place reliance on any of the contents. If you have
received this email in error, please notify the sender as soon as possible
by using the email address shown and then delete the message.

Please be aware that emails sent to or received from Welwyn Hatfield
Borough Council may be intercepted and read by the Council. Interception
will only occur to ensure compliance with Council policies or procedures
or regulatory obligations, to prevent or deter crime, or for the purposes
of essential maintenance or support of the email service.

Finally, the views expressed in this message are personal and not
necessarily those of the Council.

References

Visible links
1. http://www.welhat.gov.uk/
http://www.welhat.gov.uk/

Dear Ian Colyer,

Thank you very much for your reply, I apologise for the delay in
replying as I've been extremely busy recently.

I find it hard to understand how such a report could go missing but
surely you have the address of the Surveyor who carried out the
inspections? I expect this info would be on your financial records
somewhere plus they are probably a firm you use on a regular basis.

Yours sincerely,

Neil Burrows

Dear Mr Burrows,

I have again spoken to our Corporate Property Department about your
request. They have informed me that they have been unable to find a copy
of the surveyors report as requested. None of the current staff in the
department have any knowledge of where this can be found. I have looked
back at the committee reports agreeing that the pool should be closed and
whilst these mention the surveyors report, neither the report of the name
of the firm that carried out the survey is mentioned.

I regret therefore that I am unable to help you further with your request
as clearly the information has not been retained.

Yours sincerely,

Ian Colyer,

Freedom of Information Officer,

Welwyn Hatfield Borough Council

Find a job online, report streetscene problems, pay bills or find out what
benefits you could claim by visiting [1]www.welhat.gov.uk

The information in this email is intended for the named recipients only.
It may be subject to public disclosure under the Freedom of Information
Act 2000. Unless the information is legally exempt from disclosure, the
confidentiality of this email and your reply cannot be guaranteed.

If you are not the intended recipient you must not copy, distribute or
take any action or place reliance on any of the contents. If you have
received this email in error, please notify the sender as soon as possible
by using the email address shown and then delete the message.

Please be aware that emails sent to or received from Welwyn Hatfield
Borough Council may be intercepted and read by the Council. Interception
will only occur to ensure compliance with Council policies or procedures
or regulatory obligations, to prevent or deter crime, or for the purposes
of essential maintenance or support of the email service.

Finally, the views expressed in this message are personal and not
necessarily those of the Council.

References

Visible links
1. http://www.welhat.gov.uk/
http://www.welhat.gov.uk/

Dear Ian Colyer,

Thank you for your reply. Just one last area you could check before
I have to put in a complaint on the way WH Council seem to mislay
important information. Surely you have an invoice from the
surveyors billing the council for the work carried out?
You may also be interested in this link -
http://www.shapps.com/forum/index.php?to...
The part relevant to this FOI request starts around the middle of
page 3.

Yours sincerely,

Link: [1]File-List

26th September 2008

Case Reference Number FS50212928

Dear Mr Burrows

Your information request to Welywn Hatfield District Council (the
Council).

Thank you for your correspondence dated 4 September 2008 in which you make
a complaint about the Council's decision not to release the information
you requested.

Your case has been allocated to one of our case resolution teams who will
contact you as soon as possible to explain how your case will be
progressed. Due to the volume of complaints we are receiving at present
it may be several months before you hear from us.

The Information Commissioners Office is an independent public body set up
to promote public access to official information. We will rule on eligible
complaints from people who are unhappy with the way public authorities
have handled requests for information under The Freedom of Information Act
2000.

If you need to contact us about any aspect of your complaint about the
Council please contact our Freedom of Information Helpline on 08456
306060, or 01625 545745 if you would prefer to call a 'national rate'
number, being sure to quote the reference number at the top of this
letter.

Yours sincerely

Sent on behalf of

Mr Paul Arnold

Head of Customer Service

FOI Case Reception Unit

The Information Commissioner's Office

show quoted sections

[2]http://www.ico.gov.uk or e-mail: [email address]

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

Tel: 01625 545 700 Fax: 01625 524 510

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

References

Visible links
1. file:///tmp/rad9F49F_files/filelist.xml
2. http://www.ico.gov.uk/

Link: [1]File-List

25 March 2009

Case Reference Number FS50212928

Dear Mr Burrows

Freedom of Information Act 2000 – section 50

Complaint against Welwyn Hatfield District Council

I am writing from the Information Commissioner Office to provide an
update.

 

Regrettably your case still remains in Team 5’s queue awaiting
allocation to a case officer. I can inform you that the Local Government
(South) team are working as fast as they can and your case will be
allocated as soon as it reaches the front of our queue. Unfortunately we
unable to comment on the substance or the progress of your case until it
has been allocated.

 

Please accept my apologies for the delays you are experiencing prior to
this case being allocated.

As soon as your case is allocated, the case officer will contact you
accordingly.  Until then, you can expect to receive regular updates of
this sort, with one being issued approximately every 12 weeks.

In the meantime, should circumstances change and you decide at any stage
not to pursue your complaint, we would be grateful if you could let us
know.

Thank you for your patience.

Yours sincerely,

David McNeil

Complaints Officer

Sent on behalf of Team 5 – Local Government (South)

The Information Commissioner’s Office

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

Visible links
1. file:///tmp/radFAD13_files/filelist.xml

Link: [1]File-List

15th July 2009

Case Reference Number FS50212928

Dear Mr Burrows

I am writing to you in relation to your complaint to the Information
Commissioner’s Office (the ICO). Your complaint concerns the handling of
a request for information you made to Welwyn Hatfield Borough Council (the
council).

Your case has been allocated to me to further consider the issues
involved.

On the 25 May 2008 you submitted a request for information to the council
to be supplied with:

o A copy of the surveyors report that claimed Splashlands at Stanborough
Lakes was suffering from subsidence.

On the 19 June 2008 the council advised that following enquires made with
the Corporate Property Department the surveyors report could not be
located in council records.

On the 11 July 2008 you contacted the council for further information
regarding the surveyor who carried out the report.

On the 23 July 2008 the council provided a response to you. The council
advised that they were unable to locate a copy of the requested surveyors
report. The council stated that despite having searched through the
committee reports made at the time neither the report nor the name of the
firm who carried out the survey could be located.

On the 24 June 2009 the ICO wrote to the council requesting information in
relation to the searches undertaken by the council to locate the surveyors
report and the council’s document retention policy. 

In a letter dated the 7 July 2009 the council provided a response to this
office. The council accept that at some time the council would have held
the surveyors report as it was used as part of the decision making process
for the closure of Splashlands. The council have advised that at the time
of the surveyors report the council had no framework agreement in place
for the selection of surveyors and the councils view is that it could have
used any competent contractor. The council have located four drawings
relating to Splashlands the oldest of which was a site survey carried out
in 1996 highlighting drainage runs. This drawing was prepared by Plowman,
Craven and Associates. The council have contacted Plowman, Craven and
Associates who have checked within their archive documents and have
confirmed they do not hold a copy of the report. The remaining drawings
were prepared by a company called Weeks; enquiries have established that
this company are no longer in practise. The council believe that Plowman,
Craven and Associates were used to prepare the report but as previously
stated they have not retained the information.

The council have provided a copy of their document retention policy. This
policy is based on the Local Government model guidelines, under the
section ‘Asset Monitoring’ it is recommended that destruction takes
place after two years for records such as acquisition, disposal reports
and proposals.

The council have given permission to release their full response to you
which you will find as an attachment to this email.

It is important to note that the Act only extends to information which a
public authority already holds on record, and they are not required to
generate or obtain new information, or compile existing information in a
new way in response to requests.

It is the ICOs opinion that the requested information is no longer held by
the council, which would be line with the council’s document retention
policy. The council have carried out extensive searches in an effort to
locate the report. The council believes it has identified the firm who
would have written the report on Splashlands namely Plowman, Craven and
Associates and has contacted them in an effort to locate the report,
however as previously stated they do not hold the information.

This case has now been closed as there is no further action this office
can take in this matter.    

Yours sincerely

Marc Skelton

Senior Complaints Office

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

Tel: 01625 545679

show quoted sections

http://www.ico.gov.uk or email: [email address]
Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF
Tel: 01625 545 700 Fax: 01625 524 510

References

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1. file:///tmp/radC5028_files/filelist.xml