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Unredacted Common Purpose invoices
Richard Jackson made this Freedom of Information request to Charity Commission for England and Wales
The request was partially successful.
From: Richard Jackson
6 October 2008
Dear Sir or Madam,
In response to a prior FOI request (recorded at
http://www.whatdotheyknow.com/request/co...),
I note that although copy invoices were made available, the names
of the members of staff who attended training courses were redacted
on the grounds that this is personal information. However, as they
presumably attended in connection with their employment, and not in
a personal capacity, such information should, per OIC guidance, be
disclosed, and I would ask that you release full unredacted copies
of the invoices.
Yours faithfully,
Richard Jackson
From: Web Enquiries
Charity Commission for England and Wales
6 October 2008
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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From: Margaret Eccleston
Charity Commission for England and Wales
29 October 2008
Dear Mr Jackson
I am writing in respect of your recent request for copies of full
unredacted copies of the Common Purpose invoices under the provisions of
the Freedom of Information Act 2000.
In accordance with Section 17 of the Freedom of Information Act 2000 this
letter acts as a Refusal Notice.
The exemption applied is Section 40 (2) Personal Information, FOIA. This
exemption applies to third party personal data. This would not be
released unless there is a strong public interest. This is because any
release would breach the Data Protection Principles contained within the
DPA (1998).
There would appear to be little or no public interest in the names of the
people who attended the courses being known. The public interest is in the
extent to which government departments have used the training.
In an Information Tribunal decision (EA/2006/0040) concerning the
Secretary of State for Work and Pensions the Tribunal quoted with approval
another tribunal decision (that of the Department for Education and Skills
v The Information Commissioner) which stated:
"...each decision will depend on the facts of the case, There must,
however, be a specific reason for omitting the name of the official where
the document is otherwise discloseable. That reason may not need to be
utterly compelling where, as will often be the case, there is little or no
public interest in learning the name."
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 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.
Yours sincerely
Margaret Eccleston
Information Manager
------------------- Original Message
show quoted sections
From: Richard Jackson
29 October 2008
Dear Margaret,
Thank you for your response. I believe that Data Protection
exemptions should not apply here as staff members were attending in
a professional, rather than personal capacity, and that,
furthermore, there is a compelling public interest in knowing who
has been attending these courses. I would therefore request an
internal review of this decision.
Please confirm the expected timeframe for this review.
Yours sincerely,
Richard Jackson
From: CharityTribunalTeam
Charity Commission for England and Wales
6 November 2008
Dear Mr Jackson,
Please see the attached letter.
Kind Regards,
Laura Sanders
Decision Review & Charity Tribunal Coordinator
Charity Commission Direct, PO Box 1227, LIVERPOOL, L69 3UG
Direct Line: 01823 345014
Fax: 01823 345002
email: [email address]
<<20081106 - to Mr Jackson, confirming that review being conducted.doc>>
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From: Marion Shanley
Charity Commission for England and Wales
26 November 2008
Dear Mr Jackson,
I attach a letter in response to your email of 29 October 2008 asking for
a review of the decision regarding your request for information.
Yours sincerely,
Marion Shanley
Legal Advisor
<<20081126 Decision Review Response R.Jackson.doc>>
Consider the environment. Please don't print this e-mail unless you really
need to.
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.
If you have received this email in error please notify the sender and
delete
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From: Liam Mounter
Charity Commission for England and Wales
21 August 2009
Dear Richard Jackson,
Please see the attached letter.
<<Email feedback letter - Richard Jackson.pdf>>
<<FDT Feedback Questionnaire (External) Version 3(FoI)#6.doc>>
Regards
Liam Mounter
FDT Team
Charity Commission Direct, PO Box 1227, LIVERPOOL, L69 3UG
Direct Line: 01823 345077
Fax: 01823 345002
email: [email address]
Consider the environment. Please don't print this e-mail unless you really
need to.
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.
If you have received this email in error please notify the sender and
delete
the original message from your system.
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Communications via the GSi may be automatically logged, monitored and/or
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stygian left an annotation (26 December 2010)
This is a message for ALL those who make FoIA requests regarding the organisation Common Purpose.
For too long Common Purpose has been using the same specious and fatuous excuses for maintaining secrecy.
Every time a requester allows this to happen, it creates a precedent for Common Purpose to use later, so the requester, in failing to follow up on the requests to their natural conclusion, are in fact doing a disservice to all others who are trying to place the financial dealings of Common Purpose in the public domain.
Since this FoIA request was made, there have been several ICO decisions that would make disclosure of the names mandatory.
The Charity Commission was wrong to place the onus on the requester to prove that the need for disclosure of the names was compelling. The law states that the reasoning for non-disclosure rests with the requestee.
Furthermore, the Charity Commission is is PUBLICLY FUNDED organisation. Therefore, ALL its expenses are open to public scrutiny and NO EXPEDITURE can be regarded as personal.
The Veolia case made it clear that a public body cannot hide behind the veil of secrecy with respect to invoices, which must be provided unredacted.
For thos case, there needs to be two courses:
1. A NEW FoI request is made, insisting upon the unredacted invoices, and indentifying the beneficiaries.
2. If there is a subsequent refusal, and an adverse review, the next step is always, always to go to the Tribunal.
3. An additional request needs to be asked:
3.1 Was / were any of the personnel who dealt with the FoIA request in any way associated with Common Purpose?
3.2 Was there any involvement whatsoever between the Common Purpose and the Charity Commission regarding this FoIA request?
3.3 Please provide all copies of any communication between Common Purpose and the Charity Commission between the dates of XXXXXXX and YYYYYYY.
Regards
s
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Richard Jackson left an annotation ( 6 October 2008)
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