Treatment of Freedom of Information Requests - Subjects - Outcomes - Time to Respond

Marlon Campbell made this Freedom of Information request to Havering Borough Council

Waiting for an internal review by Havering Borough Council of their handling of this request.

From: Marlon Campbell

19 January 2010

Dear Havering Borough Council,

For the 100 most recent FOI requests which the council considers
closed, be that because the request was rejected, met, or declared
"not held", please provide the following information:

(1) The date the request was received by the council.

(2) The summary subject of the request - in less than 20 words

(3) The date the request was acknowledged.

(4) The date the initial final response was given

(5) The status of this response, ie met, not held, rejected

(6) Whether an Internal Review was requested, and if so the date on
which this was completed and the outcome status

(7) Whether the FOI Request to the council's knowledge was referred
to the ICO.

(8) Whether the ICO issued any guidance or instruction to the
council following this referral.

(9) The final outcome after the ICO referral.

It is understood that a case may be referred to the ICO after the
council regards it a closed, and so this list request may not be
final and definitive, but at any given time, a FOI Request must be
either open or closed as far as the council, is considered.

This FOI Request is asking about the situation when it is
processed, and a snapshot should be taken, with the date of this
recorded in the reply.

As most of this information must already be held electronically for
administrative reasons by the council, it should not be onerous to
provide it.

Please provide this electronically, preferably in an XLS
spreadsheet.

Yours faithfully,

Marlon Campbell

Link to this

From: Accessinfo Accessinfo
Havering Borough Council

20 January 2010

Dear Mr Campbell

Acknowledgement of Information Request - FOI Requests

I acknowledge receipt of your request for information received on 20th
January 2010. Your email is being considered and you will receive a
response to your request as soon as possible.

The Freedom of Information Act 2000 allows authorities 20 working days,
following date of receipt, in which to respond to requests. You may be
aware the legislation defines a number of exemptions which may prevent
release of the information you have requested. If any of the exemption
categories apply then the information will not be released. In these
cases, we will inform you of any exemptions we have applied together with
our reasons for withholding the information and your rights of appeal.

Please bear in mind the legislation allows access to information 'held' by
the Council and not for the creation of new information or opinion.
Therefore, we may only be able to supply documents or data that contain
the information we hold in response to your request.

There may be a fee payable for the supply of information. This will be
calculated and you will be informed if a charge applies. In this event,
the fee must be paid before the information is released.

If you have any queries or concerns, please do not hesitate to contact me.

Further information regarding the Freedom of Information Act 2000 is
available from the following address:

Information Commissioner's Office

Wycliffe House, Water Lane
Wilmslow, Cheshire
SK9 5AF
Telephone: 01625 545 700
[1]www.ico.gov.uk

Yours sincerely

Mrs P Lynch

Information Governance Team
Legal & Democratic Services
Town Hall
London Borough of Havering
Email: [2][Havering Borough Council request email]

Living Ambition - aiming for the highest quality of life in London
[3]www.havering.gov.uk/livingambition

"This email and any files transmitted with it are the property of the LB
Havering, are confidential, may be subject to legal privilege and are
intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure is
strictly prohibited.
If you receive this email in error, please notify the sender immediately
and delete this email from your system.
WARNING: It is your responsibility to take all necessary steps to ensure
this email and any attachments to it are free of viruses."

This e-mail and any files transmitted with it are the property of the
London Borough of Havering, are confidential, may be subject to legal
privilege
and are intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure
is strictly prohibited. If you receive this email in error, please notify
the sender immediately and delete this e-mail from your system.
WARNING: It is your responsibility to take all necessary steps to
ensure this e-mail and any attachments to it are free from viruses.

References

Visible links
1. http://www.ico.gov.uk/
2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/livingambition

Link to this

From: Marlon Campbell

17 February 2010

Dear Accessinfo Accessinfo,

I note that the 20 working day deadline has passed without any
response being provided to my FOI Request.

This is very disappointing.

The Request was a straight forward one, and I see no reason why the
council could not provider its response within the statutory limit
of 20wd.

Please give an indication of a date by when the council expects to
provide its reply - as otherwise a reference to the ICO will become
necessary.

Yours sincerely,

Marlon Campbell

Link to this

From: Accessinfo Accessinfo
Havering Borough Council

19 February 2010

Attachment Informatation 1 provided by Legal Democratic Services.pdf
10K Download View as HTML

Attachment Information 2 provided by Legal Democratic Services.pdf
20K Download View as HTML

Information Governance Team
Legal & Democratic Services
Town Hall
London Borough of Havering
Email: [1][Havering Borough Council request email]

Living Ambition - aiming for the highest quality of life in London
[2]www.havering.gov.uk/livingambition

"This email and any files transmitted with it are the property of the LB
Havering, are confidential, may be subject to legal privilege and are
intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure is
strictly prohibited.
If you receive this email in error, please notify the sender immediately
and delete this email from your system.
WARNING: It is your responsibility to take all necessary steps to ensure
this email and any attachments to it are free of viruses."

>>> Accessinfo 19/02/2010 12:30:44 >>>

Dear Mr Campbell,

Access to Information - FOI Requests

I refer to your recent request for information made under the Freedom of
Information Act 2000. Your request has been considered and the
information provided by Legal & Democratic Services is attached.

I trust the information is of use to you and will close your request.

If you are dissatisfied with the way in which your request has been
handled you have the right to make a complaint. Please put the details in
writing and return to me at the above email address, your complaint will
then be dealt with in line with our corporate complaints procedure. You
also have the right to complain to the Information Commissioner at the
following address:

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[3]www.ico.gov.uk

Yours sincerely,

Miss Taylor

Information Governance Team

Information Governance Team
Legal & Democratic Services
Town Hall
London Borough of Havering
Email: [4][Havering Borough Council request email]

Living Ambition - aiming for the highest quality of life in London
[5]www.havering.gov.uk/livingambition

"This email and any files transmitted with it are the property of the LB
Havering, are confidential, may be subject to legal privilege and are
intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure is
strictly prohibited.
If you receive this email in error, please notify the sender immediately
and delete this email from your system.
WARNING: It is your responsibility to take all necessary steps to ensure
this email and any attachments to it are free of viruses."

This e-mail and any files transmitted with it are the property of the
London Borough of Havering, are confidential, may be subject to legal
privilege
and are intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure
is strictly prohibited. If you receive this email in error, please notify
the sender immediately and delete this e-mail from your system.
WARNING: It is your responsibility to take all necessary steps to
ensure this e-mail and any attachments to it are free from viruses.

References

Visible links
1. mailto:[Havering Borough Council request email]
2. http://www.havering.gov.uk/livingambition
3. http://www.ico.gov.uk/
4. mailto:[Havering Borough Council request email]
5. http://www.havering.gov.uk/livingambition

Link to this

From: Marlon Campbell

21 February 2010

Dear Accessinfo Accessinfo,

Thank you for your response which is satisfactory in many regards.

However of the 100 cases you quote, it seems there are 40 where the
outcome is described as "Not assigned".

I don't understand how a case can be closed without an outcome.

Could you kindly either provide a fresh copy of the spreadsheet
with the missing outcomes completed, or else provide a further set
of data, maybe another 100 cases so that a full set of 100 outcomes
is provided, as originally requested.

Yours sincerely,

Marlon Campbell

Link to this

From: Marlon Campbell

21 February 2010

Dear Havering Borough Council,

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

I am writing to request an internal review of Havering Borough
Council's handling of my FOI request 'Treatment of Freedom of
Information Requests - Subjects - Outcomes - Time to Respond'.

Please ignore the previous reply to the council's response.
It was sent in error.

I regret that your reply is clearly not good enough.

Q1+Q4 part provided:
I asked for the data in an XLS spreadsheet, however you have
provided a PDF.
This is unsatisfactory, as it does not import into a spreadsheet,
so I cannot analyse the data, for example to produce a simple list
of times to reply.

Q2 - The summary is too brief, and does not give much useful
information.
For example, AIR2684 what was asked about which parking bays and
PCN's? hence 20 words, not 5.
AIR2733 - what was asked about Polling Stations?

Q3 - the request was for the date of acknowledgement. Your
statement does not provide this, nor confirm why it has not been
met.

Q5+Q6: To simply say "Refused - over 18 hours" is not good enough.

Q7 - asks about the council's knowledge of any ICO referral.
The answer must be known, even if it is none to the council's
knowledge.

Q8+Q9: appear fine.

As regards Q5+Q6:

(1) One would have thought that the council would have added a
column to the PDF provided, and included in that the outcome of the
Request - ie
- met in full
- met in part, with not held or with sections for part refusal
- not held
- refused or rejected with sections applying

(2) One would also have thought that some record must have been
kept of what the outcome was, for example the response sent to the
Requester.
It seems hard to imagine that to go to each file and determine the
outcome from a quick look at the response would take more than 5
minutes, and then a couple of minutes to enter this outcome into
the spreadsheet.
Thus it seems hard to see how the total time could take more than
100 x 7 mins, which is less than 12 hours maximum, and so well
below the FOI limit.

(3) I would suggest that the council might wish to consider
amending its procedures so that the outcome is automatically added
to the council's spreadsheet data when the response is sent.
At that stage it would take no more than couple of minutes, a very
small proportion of the time taken to respond, and would then
provide the council with easy access to useful data.
I note that the MoJ has issued guidance which may well make this a
requirement.

(4) Bearing in mind the council's duty under ยง16 to assist, for
example by suggesting ways to modify the FOI Request so as to come
within the limit, could you kindly review the calculation you made.

If you still consider the costs exceeds the relevant limit, then
please advise the figure so I may modify my request accordingly.

(5) Please provide an XLS spreadsheet with the data requested.

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,

Marlon Campbell

Link to this

From: Accessinfo Accessinfo
Havering Borough Council

22 February 2010

Dear Mr Campbell

I acknowledge receipt of your email of appeal reived 22nd February 2010.

Your email is being considered as an appeal for an internal review of the
decisions made in the response to your request for information. This will
be dealt with in line with our Corporate Complaints Procedure and the
provisions of Section 45 of the Freedom of Information Act 2000.
Information regarding our Corporate Complaints Procedure can also be found
on the Council*s website:

[1]www.havering.gov.uk/index.aspx?articleid=645

I am currently looking into the matter and will endeavour to respond
within 10 working days of receipt of your appeal, but if you have any
queries or concerns in the meantime, please do not hesitate to contact me

Further information regarding the Freedom of Information Act 2000 /
Environmental Information Regulations / Data Protection Act 1998 is also
available from the Information Commissioner's Office
Wycliffe House, Water Lane
Wilmslow, Cheshire
SK9 5AF
Telephone: 01625 545 700
[2]www.ico.gov.uk

Yours sincerely

Mrs Lynch

Information Governance Team
Legal & Democratic Services
Town Hall
London Borough of Havering
Email: [3][Havering Borough Council request email]

Living Ambition - aiming for the highest quality of life in London
[4]www.havering.gov.uk/livingambition

"This email and any files transmitted with it are the property of the LB
Havering, are confidential, may be subject to legal privilege and are
intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure is
strictly prohibited.
If you receive this email in error, please notify the sender immediately
and delete this email from your system.
WARNING: It is your responsibility to take all necessary steps to ensure
this email and any attachments to it are free of viruses."

This e-mail and any files transmitted with it are the property of the
London Borough of Havering, are confidential, may be subject to legal
privilege
and are intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure
is strictly prohibited. If you receive this email in error, please notify
the sender immediately and delete this e-mail from your system.
WARNING: It is your responsibility to take all necessary steps to
ensure this e-mail and any attachments to it are free from viruses.

References

Visible links
1. http://www.havering.gov.uk/index.aspx?ar...
2. http://www.ico.gov.uk/
3. mailto:[Havering Borough Council request email]
4. http://www.havering.gov.uk/livingambition

Link to this

From: Marlon Campbell

18 March 2010

Dear Accessinfo Accessinfo,

I note that nearly 4 weeks have passed since you said you hoped to
reply in 10wd.

I would refer you to this webpage:

http://www.justice.gov.uk/guidance/foi-g...

In particular to this document there:

* Summary guidance on publishing freedom of information data
(PDF 0.09mb 14 pages)

Please confirm when I may expect a full reply, lest a reference to
the ICO becomes necessary.

Yours sincerely,

Marlon Campbell

Link to this

From: Accessinfo Accessinfo
Havering Borough Council

19 March 2010

Dear Mr Campbell,
I do apologise for the delay in providing you with a response to your
'internal review' request.
I endeavour to have a response out to you by the middle of next week.
Your patience is much appreciated.
Yours sincerely,
Miss Taylor
Information Governance Team

This e-mail and any files transmitted with it are the property of the
London Borough of Havering, are confidential, may be subject to legal
privilege
and are intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure
is strictly prohibited. If you receive this email in error, please notify
the sender immediately and delete this e-mail from your system.
WARNING: It is your responsibility to take all necessary steps to
ensure this e-mail and any attachments to it are free from viruses.

Link to this

From: Accessinfo Accessinfo
Havering Borough Council

23 March 2010

Attachment Appeal Response 230310.pdf
11K Download View as HTML

Attachment Information 1 provided by Legal Democratic Services.xls
29K Download View as HTML

Dear Mr Campbell,

Appeal - FOI Requests

I refer to your recent request for an internal reveiw, which has been
considered and the revised information is attached.

I trust the information is of use to you and I will now close your
request.

If you do have any further queries, do contact me on the number below.

If you are dissatisfied with the way in which your request has been
handled you have the right to make a complaint. Please put the details in
writing and return to me at the above email address, your complaint will
then be dealt with in line with our corporate complaints procedure. You
also have the right to complain to the Information Commissioner at the
following address:

Office of the Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone: 01625 545 700

[1]www.ico.gov.uk

Yours sincerely,

Miss Taylor

Information Governance Team

01708 432518

Information Governance Team
Legal & Democratic Services
Town Hall
London Borough of Havering
Email: [2][Havering Borough Council request email]

Living Ambition - aiming for the highest quality of life in London
[3]www.havering.gov.uk/livingambition

"This email and any files transmitted with it are the property of the LB
Havering, are confidential, may be subject to legal privilege and are
intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure is
strictly prohibited.
If you receive this email in error, please notify the sender immediately
and delete this email from your system.
WARNING: It is your responsibility to take all necessary steps to ensure
this email and any attachments to it are free of viruses."

This e-mail and any files transmitted with it are the property of the
London Borough of Havering, are confidential, may be subject to legal
privilege
and are intended only for the person(s) or organisation(s) named above.
Any unauthorised use, retention, distribution, copying or disclosure
is strictly prohibited. If you receive this email in error, please notify
the sender immediately and delete this e-mail from your system.
WARNING: It is your responsibility to take all necessary steps to
ensure this e-mail and any attachments to it are free from viruses.

References

Visible links
1. http://www.ico.gov.uk/
2. mailto:[Havering Borough Council request email]
3. http://www.havering.gov.uk/livingambition

Link to this

Things to do with this request

Anyone:
Havering Borough Council only: