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Untruthful Information Given to Vicky Gray on 5th January 2009
Maxine Jackson made this Freedom of Information request to Royal Borough of Windsor and Maidenhead
The request was partially successful.
From: Maxine Jackson
12 March 2010
Dear Royal Borough of Windsor and Maidenhead,
Please will you confirm why Vicky Gray who had made a Freedom of
Information Act Request to the Royal Borough on 4th December 2008,
was advised that there had been no allegations of bullying and/or
harassment made by employees about their managers or colleagues
during 2008 going up until 31st October 2008?
When the Royal Borough was more than aware that I had submitted a
formal grievance to the Royal Borough on 29th April 2008, which
included an allegation of serious bullying and harassment that
caused me to become extremely unwell on 3rd April 2008, that
resulted in several months of ill health.
Also being fully aware that my DDA Claim for Unlawful Disability
Discrimination and Harassment had been accepted by the Reading
Employment Tribunal by 1st October 2008.
Vicky Gray was advised that there had been no such allegations with
regard to bullying and harassment made at all during 2008, up until
31st October 2008.
Is this going to be called a''mistake'' now?
Please advise accordingly.
Yours faithfully,
Maxine Jackson
Covered under the DDA 1995 for Depression - sacked by the Royal
Borough on 12th October 2009.
From: foi
Royal Borough of Windsor and Maidenhead
15 March 2010
Dear Maxine
I am writing to acknowledge your Information request received 12 March 2010
It has been allocated reference FOI62076
The Freedom of Information Act 2000 provides Public Authorities with 20 working days to process requests.
This period expires on 14 April 2010
Regards
Freedom of Information Officer
show quoted sections
From: Maxine Jackson
15 March 2010
Dear foi,
The Royal Borough of Windsor and Maidenhead's Legal Department was
fully aware in January 2009 when the Reply was made to Ms. Gray,
that as an employee of the Royal Borough at that time, that I had
submitted a Formal Grievance on 29th April 2008 that was
acknowledged as received, By Warren King, HR Manager to the Royal
Borough, who is still employed by RBWM; with my Formal Grievance
containing allegation of bullying and harassment.
The Legal Services Department (Data and Compliance) who replied to
Vicky Gray's FOI Request, were also fully aware that by 1st October
2008 that the Reading Employment Tribunal had sent their 1st
October 2008 letter to RBWM, notifying that my Claim for Unlawful
Disability Discrimination and Harassment had been accepted.
I do not therefore understand why Vicky Gray, who had asked how
many allegations of bullying and/or harassment had been made during
2008, going up to 31st October 2008, was advised that there had
been none.
As RBWM's e-mail dated 5th January 2009 states.
I do not accept that such incorrect information, was a mistake, and
would like to know please, why Vicky Gray was misinformed as to the
correct and true situation.
Thank you.
Yours sincerely,
Maxine Jackson
From: foi
Royal Borough of Windsor and Maidenhead
17 March 2010
Dear Maxine
Further to your information request FOI62076, please find your questions and our responses below:
Please will you confirm why Vicky Gray who had made a Freedom of Information Act Request to the Royal Borough on 4th December 2008, was advised that there had been no allegations of bullying and/or harassment made by employees about their managers or colleagues during 2008 going up until 31st October 2008?
When the Royal Borough was more than aware that I had submitted a formal grievance to the Royal Borough on 29th April 2008, which included an allegation of serious bullying and harassment that caused me to become extremely unwell on 3rd April 2008, that resulted in several months of ill health.
Also being fully aware that my DDA Claim for Unlawful Disability Discrimination and Harassment had been accepted by the Reading Employment Tribunal by 1st October 2008.
Vicky Gray was advised that there had been no such allegations with regard to bullying and harassment made at all during 2008, up until 31st October 2008.
Is this going to be called a''mistake'' now?
Answer: I have been advised that at the time of the FOI request, there were no grievances submitted during 2008/09 that had been indexed as ‘bullying/harassment’. The Grievance that this individual refers to was indexed as ‘Management practice/inadequacies’ as the concerns raised by the individual were wide-ranging.
This concludes your request FOI62076.
If you are dissatisfied in any way you may complain to Martin Tubbs, Corporate Information and Compliance Manager by e-mail [email address] or write to the address below.
Once you have exhausted the complaints procedure you may appeal to the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
Yours sincerely
Information Management Officer
Royal Borough of Windsor and Maidenhead
Legal Services
Town Hall
St Ives Road
Maidenhead
SL6 1RF
show quoted sections
From: Maxine Jackson
17 March 2010
Dear foi,
I think Vicky Gray had actually asked how many allegations, not
grievances.
How many allegations of bullying and/or harassment against managers
or colleagues.
Thank you for your kind reply.
I have all the information I now require and an internal review
would be wasting everyone's time.
Yours sincerely,
Maxine Jackson
From: Maxine Jackson
30 March 2010
Dear Royal Borough of Windsor and Maidenhead,
Having discussed this matter, I do not agree that the response that
has been made is adequate.
Vicky Gray was very specific in the request she made, when she
asked how many allegations of bullying and harassment had been made
for a period of time from 2004 ending at 31st October 2008.
The question was not answered correctly, and needs to be
investigated and answered correctly.
That is why this request for an internal review has been made.
Yours faithfully,
Maxine Jackson
From: Martin Tubbs
Royal Borough of Windsor and Maidenhead
31 March 2010
Dear Ms Jackson
Thank you for your e-mail.
I am writing to confirm that I will undertake a review of how your
information request was handled.
Our procedure provides 10 working days to complete reviews - you will
receive a response from me no later than 15 April 2010.
Kind regards
Martin Tubbs
Corporate Information and Compliance Manager
Royal Borough of Windsor & Maidenhead
Town Hall
St Ives Road
Maidenhead
SL6 1RF
show quoted sections
From: Maxine Jackson
31 March 2010
Dear Martin Tubbs,
The question that Ms Gray asked was how many allegations of
bullying and harassment.
I personally made such an allegation in April 2008, but the Reply
given to Ms Gray stated that no such allegations had been made.
Also, a claim was accepted at the Employment Tribunal and RBWM
received the acceptance letter dated 1st October 2008; the claim
included harassment.
But the Reply to Ms Gray that took into account matters up to 31st
October 2008, stated there had been no such allegations made.
There were.
Yours sincerely,
Maxine Jackson
From: Martin Tubbs
Royal Borough of Windsor and Maidenhead
13 April 2010
Dear Ms Jackson
I have now concluded my review or how RBWM processed your information
request. Please be advised that information requests received by RBWM, and
exercised under the Freedom of Information Act 2000, relate to information
records actually held by RBWM.
My review has included reviewing the content of the system in which your
allegation was recorded.
I can confirm that the information request response sent to you on 17
March 2010 was correct and, indeed, the information provided to Vicky Gray
was also accurate. Your allegation was not recorded as 'bullying and
harassment' but was in fact categorised as 'Management
practice/inadequacies' as previously stated.
I assure you that your information request was processed entirely in
accordance with our obligations under the Freedom of Information Act
2000.
If you wish to pursue the matter further, you need to know the correct
procedure to follow because, if you do not, you may find yourself
complaining to the wrong body who will not then deal with you and you will
have to start over.
If you believe there are issues with the initial analysis, categorisation
and entry of the data in the system, and you wish to challenge this, the
ultimate arbiter for maladministration matters is the Local Government
Ombudsman. To start the complaints process, you must first submit a formal
complaint. You can do this by using the link on our website page
[1]http://www.rbwm.gov.uk/web/members_compl... The Ombudsman
will not deal with a matter taken straight to his office - he will only
look at matters after a formal complaints procedure has been
exhausted.
If you still think your information request was incorrectly handled, you
should submit a Stage 2 Review request to Anthony Kemp, Strategic Director
of Resources [2]mailto:[email address] If after the Stage 2
Review you are still not satisfied, you can then take the matter to the
Information Commissioner.
I trust you will accept that I have carried out this review properly and
provided an adequate explanation. I also hope the information I have given
to you about your further options is useful.
Do contact me if you need any further information.
Kind regards
Martin Tubbs
Legal Transaction Team Leader
Resources Directorate
Royal Borough of Windsor & Maidenhead
Town Hall, St Ives Road
Maidenhead SL6 1RF
01628 796945
show quoted sections
References
Visible links
1. http://www.rbwm.gov.uk/web/members_compl...
2. mailto:[email address]
From: Maxine Jackson
14 April 2010
Dear Martin Tubbs,
What you appear to be telling me in your reply, is that the Royal
Borough of Windsor and Maidenhead, although they may receive
allegations of bullying and harassment, do not list them as such,
so that these allegations become listed under a different category,
and do not count.
Now I understand why the allegations of bullying and harassment
that I made during the relevant period in 2008, are not counted.
Some people may label this as fiddling the figures, but that's up
to them, I of course, would not be so discourteous as to suggest
that the Royal Borough would be capable of such things.
Thank you for your information.
Yours sincerely,
Maxine Jackson
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Maxine Jackson left an annotation (21 March 2010)
I believe that it is inherent in some Local Government Departments that negative information is suppressed and for want of a better expression, covered-up.
This is my personal experience, and I appreciate that other people may have had different personal experiences.
Maxine Jackson
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