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Travel Costs for the recent visit to China by University of Salford staff

Gary Duke made this Freedom of Information request to University of Salford

The request was refused by University of Salford.

From: Gary Duke

11 November 2009

Dear Sir or Madam,

Can you supply me with the total costs for air fares, including
return fares for all staff who made the recent Oct/Nov 2009 trip to
China

Yours faithfully,

Gary Duke

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From: Gary Duke

11 December 2009

Dear Sir/ Madam, University of Salford,

I note that a reply from your office with regard to my request for
the travel costs for the recent visit to China by University of
Salford Staff, is now overdue under the conditions of the Freedom
of Information Act 2000. As a public authority, you have a duty in
law to deal with and respond to my reasonable requests promptly.
Indeed, it would appear that you have broken the law in that you
should have replied to my reasonable request sent to you on 11th
November 2009. I am extending to the University, the opportunity to
reply to this request by the 16th December 2009. If I am not
supplied with the information as requested, I will have no
alternative other than write directly to the Information
Commissioner notifying him/her that you have broken the law in your
refusal to comply with the legislation.

Yours faithfully,

Gary Duke

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From: Foi
University of Salford

11 December 2009

Dear Mr Duke,

I write in response to your five requests to the University made under the Freedom of Information Act 2000 which were received on 11 November. These requests for information will not be processed because they are being treated as vexatious under section 14(1) of the Act.

Therefore, in accordance with the requirements of the Freedom of Information Act 2000, this letter acts as a refusal notice.

You have the right to complain against the handling of your requests. If you wish to complain, please set out in writing your ground(s) of complaint and send to me at the address below.

Further information is also available from the Information Commissioner at the Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625 545 700, website www.informationcommissioner.gov.uk.

Matthew Stephenson

Head of Information Governance,
Governance Services,
University of Salford,
Clifford Whitworth Building,
Salford M5 4WT
 
Tel: 0161 295 6856
Fax: 0161 295 6339
Email: [email address]
Web: www.infogov.salford.ac.uk/

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From: Gary Duke

11 December 2009

Dear Foi,

In consideration of your reply to my requests can I draw your
attention to an email sent to me by Mr Matthew Stephenson, Head of
Information Governance Services at the University of Salford,which
stated

"Also, rather than requesting all costs relating to all Management
retreats, you may wish to request the central costs relating to SLT
retreats alone. The Management Group includes many dozens of
members of staff and obtaining the expenses for all these people
will take a large amount of time whereas the central costs for SLT
retreats can be provided relatively easily and can be then combined
with the quarterly SLT expenses mentioned above to provide a total
cost.

Alternatively, you may contact me if you would like further advice
on refining your request."

Am I to assume that after taking the advice of Mr Stephenson, and
refining my request (the act of refining would of course require
further request in order to ensure that I receive the full amount
of information necessary) in order to fall below the £450 as he
suggested, that my requests are to be considered 'vexatious'?

I will of course forward prior correspondence from Mr Stephenson
with his advice in my own detailed correspondence to the
Information Commissioner.

Yours sincerely,

Gary Duke

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Damien Shannon left an annotation (11 December 2009)

How many different ways of preventing public scrutiny can be thought up?

They must surely realise that information of this nature has been tested elsewhere (University of Glasgow) and has been released into the public domain, and that they will eventually be compelled to release it anyway?

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From: Gary Duke

14 December 2009

Dear University of Salford,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of University of
Salford's handling of my FOI request 'Travel Costs for the recent
visit to China by University of Salford staff'.

In accordance with advice given to me by Mr Matthew Stephenson an
employee of the University of Salford vested with dealing with
Freedom of Information requests, I have ensured that my requests
were refined and specific.

I refute your accusation that my claims are vexatious under 14.1 of
the Freedom of Information Act 2000. I note that you have also used
the accusation of vexatiousness to avoid giving any information to
requests made by others.

I note that the attitude of the University of Salford stand in
stark contrast to the of the University of Glasgow, who appear
willing to respond in a positive manner to requests from staff,
students and members of the public.

The University of Salford is a public authority, which receives
public money in the form of grants from HEFCE who themselves are
sourced from public taxes. The University also receives fees from
students. As a student at Salford and a tax payer, I believe that
this information should be made readily available to the public.

I therefore request an internal review of your decision.

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

Yours faithfully,

Gary Duke

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From: Foi
University of Salford

7 April 2010

Dear Sir,

As per your request, the University of Salford has conducted an internal
review of its decision relating to your request for information made
under the Freedom of Information.

I apologise for the delay in responding. The review was of a large
number of individual requests which contributed to this delay.

I acknowledge that the response to your request was not provided within
20 working days and was therefore in breach of section 10 of the Freedom
of Information Act. It is our policy and intention to act within the
law and to respond within 20 working days although on occasion this
proves very difficult. Please accept my apologies for the delay in
responding to your request.

The outcome of the review was to uphold the original decision. The
request is considered, along with a number of other requests, to be
vexatious as specified under section 14(1) of the Act and so your
request will not be processed.

Therefore, in accordance with the requirements of section 17 of the
Freedom of Information Act 2000, this letter acts as a refusal notice.

You have the right to complain against the handling of your request.
You may do so to the Information Commissioner's Office whose address is:
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, telephone 01625
545 700, website www.informationcommissioner.gov.uk.

Yours faithfully

Matthew Stephenson

Head of Information Governance
Governance Services
University of Salford
Clifford Whitworth Building
Salford
M5 4WT

T: 0161 295 6856
F: 0161 295 6339
[email address]
www.infogov.salford.ac.uk

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From: Gary Duke

7 April 2010

Dear Mr Stephens

The Information Commissioner has been informed of your abrogation
of legal responsibility under the Freedom of Information Act 2000.

Yours sincerely,

Gary Duke

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Colm Howard-Lloyd left an annotation (28 April 2010)

The University of Salford is clearly trying to claim in this, and a number of other FOIA requests, that because a number of people are making a request via the same site it is linked and therefore vexatious.

This is no more valid that asserting that if a number of people email requests then that similar methodology make the requests vexatious.

I would suggest this be reported to the Information Commissioner.

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Ben Harris left an annotation (15 February 2011)

This request is the subject of the Information Commissioner's decision notice FS50304283:

"The Commissioner’s decision is that the public authority correctly applied section 14 of the Act to the refused requests but, in failing to provide the complainant with a refusal notice which stated the fact that the first two requests were refused under section 14 of the Act, within the time for compliance with section 1 of the Act, the public authority breached section 17(5) of the Act."
<http://www.ico.gov.uk/~/media/documents/...>

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