FOI Request from E.A

The request was refused by Environment Agency.

Dear Environment Agency

Please could I be furnished with Emails correspondence between yourselves and the ,Rt Hon Kwasi Kwarteng Mp between 01/01/2018 to 01/08/2019 in relation to boats moored on The Thames in West Molesey KT8

Yours faithfully,

Paul Thatcher

Enquiries, Unit, Environment Agency

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Enquiries, Unit, Environment Agency

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Dear Mr Thatcher,

 

I have passed your e-mail to the local customer team who will deal with
your request.

 

The Freedom of Information Act and Environmental Information Regulations
state that a public authority must respond to requests for information
within 20 working days, but we aim to respond to all enquiries as quickly
as we can.

 

You can find more information about our service commitment by clicking on
the link below:

 

[1]https://www.gov.uk/government/publicatio...

 

You can contact our customer team directly on the contact details below,
or call the National Customer Contact Centre on 03708 506506 who will
transfer you to the area team. 

 

Please quote your enquiry reference 190807/RML07 in any correspondence
with us regarding this matter.  

 

Customers and Engagement
Environment Agency
Thames Area
Redkite House
Howbery Park
WALLINGFORD
OX10 8BD

 

With thanks

 

Email Management Unit

National Customer Contact Centre

Environment Agency

 

( Tel: 03708 506 506

: Web Site: [2]www.gov.uk/environment-agency

 

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show quoted sections

Dear Enquiries, Unit,

Please can I request an internal enquiry before the matter is escalated

Yours sincerely,

Paul Thatcher

Enquiries, Unit, Environment Agency

5 Attachments

Please note this is an auto reply message.

 

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For information on what you can expect from us and our full service
commitment to you then please visit our website: 

[1]https://www.gov.uk/government/publicatio...

 

Freedom of Information Act and Environmental Information Regulations state
that a public authority must respond to requests for information within 20
working days however we always aim to provide an answer as soon as we can.
 

 

Usually we make no charge for providing information. In some cases we may
make a charge for licensed re-use of our data. Where this is the case, we
will notify you in advance.

 

If you have provided any personal information (also called personal data)
in your enquiry, the Environment Agency will follow all applicable UK and
EU data protection laws in how we treat it. We may use your information to
help you with your enquiry, if necessary. More details on your rights and
how we will process your personal information can be found in our Personal
Information Charter:

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If your email was to report an environmental incident i.e. pollution, fish
in distress, dumping of hazardous waste etc. then please call our
Freephone 24 hour Incident Hotline on 0800 80 70 60.   For more details
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[3]https://www.gov.uk/report-an-environment...

 

Kind Regards,

 

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( Tel: 03708 506 506

: Web Site: [4]www.gov.uk/environment-agency

 

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Dear Environment Agency,

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

I am writing to request an internal review of Environment Agency's handling of my FOI request 'FOI Request from E.A'.

I have not been given the information requested within the time frame and will proceed to passing these concerns to the information commissioners office next week unless the matter is given a response.

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

Yours faithfully,

Paul Thatcher

Enquiries, Unit, Environment Agency

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Please note this is an auto reply message.

 

Thank you – the Environment Agency has received your email.

 

For information on what you can expect from us and our full service
commitment to you then please visit our website: 

[1]https://www.gov.uk/government/publicatio...

 

Freedom of Information Act and Environmental Information Regulations state
that a public authority must respond to requests for information within 20
working days however we always aim to provide an answer as soon as we can.
 

 

Usually we make no charge for providing information. In some cases we may
make a charge for licensed re-use of our data. Where this is the case, we
will notify you in advance.

 

If you have provided any personal information (also called personal data)
in your enquiry, the Environment Agency will follow all applicable UK and
EU data protection laws in how we treat it. We may use your information to
help you with your enquiry, if necessary. More details on your rights and
how we will process your personal information can be found in our Personal
Information Charter:

[2]https://www.gov.uk/government/organisati...

 

Environmental Incident

 

If your email was to report an environmental incident i.e. pollution, fish
in distress, dumping of hazardous waste etc. then please call our
Freephone 24 hour Incident Hotline on 0800 80 70 60.   For more details
about incident reporting please see our website:

[3]https://www.gov.uk/report-an-environment...

 

Kind Regards,

 

National Customer Contact Centre - Part of National Operations Services

( Tel: 03708 506 506

: Web Site: [4]www.gov.uk/environment-agency

 

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Enquiries_THM, Environment Agency

1 Attachment

Dear Mr Thatcher,

 

RE: Request for information under the Freedom of Information Act 2000
(FOIA) / Environmental Information Regulations 2004 (EIR)

 

Thank you for your request for information relating to boats moored in the
Cherry Orchard Gardens area of West Molesey.

Please accept our apologies for the delay in providing the information you
have requested.

We respond to requests for information that we hold under the Freedom of
Information Act 2000 (FoIA) and the associated Environmental Information
Regulations 2004 (EIR).

 

We want to be as open as possible in answering requests, and to help
people obtain the information they are looking for. Unfortunately,
following a review of this case, the amount of information you have
requested is substantial. Whilst we reiterate the apologies for the delay
, gathering all of the requested information in together would therefore
be a significant cost and diversion of resources from our other work.

 

There are a number of Freedom of Information requests that you have sent
to us in relation to the same subject matter. We have taken the decision
to treat these as a collective request for information.

 

Those that we have included in this response I have listed below for ease
and have include the local reference number that we have logged your
request as:

 

1: THM136765 - [email address]

“In relation to my FoI request I seek communication between yourselves and
Rt Hon Dominic Raab. I believe this is liable to be in relation to the
River Thames along the West Molesey stretch of the river along Cherry
Orchard Gardens KT8 1QY. I hope this is of some assistance”

 

2: THM136761 - [email address]

Please could I be furnished with all information given to Elmbridge
Borough Council from 19/01/2019 to 19/07/2019 regarding the boats moored
at Cherry Orchard Gardens KT8.

 

3: THM136756 - [email address]

Please find this corrected email with the dates altered from the initial
request.

I submit this Freedom of Information request for correspondence  including
emails ,between  your Agency and the pressure group Reclaim Our River Bank
2 (ROR2) between 19/01/2019 and 19/07/2019.

 

4:THM136754 - [email address]

Please could I be furnished with Emails between Nick Mckie Smith and Dan
Thorpe regarding the boats moored on the Molesey stretch of the river
Thames between 19/12/2018 and 19/07/2019

 

5: THM136750 - [email address]

Please can I be furnished with the emails between the Land registry and
the Environment Agency regarding the Molesey stretch of the River Thames,
between 19/11/2018 to 19/06/2019

 

6: THM137280 - [email address]

Please could I be furnished with Emails between Nick Mckie-Smith and the
legal department regarding the boats moored on the Molesey stretch of the
river Thames between 19/12/2018 and 19/07/2019

 

7: THM137281 - [email address]

submit this Freedom of Information request for correspondence including
emails ,between your Agency and David Garrett including but not
exclusively limited to the email dgarrett46 @ outlook.com between
19/01/2019 and 19/07/2019. 
Many thanks for your assistance and compliance

 

8: THM137192 - [email address]

Please could I be furnished with all information pertaining to Elmbridge
Borough Council from 19/01/2019 to 19/07/2019 regarding issuing general
conduct letter issued to boats moored close to Cherry Orchard Gardens KT8.

 

9: THM137765 - [FOI #595313 email]

Please could I be furnished with Emails correspondence between yourselves
and the ,Rt Hon Kwasi Kwarteng Mp between 01/01/2018 to 01/08/2019 in
relation to boats moored on The Thames in West Molesey KT8

 

10: THM137755 - [email address]

I submit this Freedom of Information request for correspondence  including
emails ,between  your Agency and the pressure group Reclaim Our River Bank
2 (ROR2) between 01/06/2018 and 31/12/2018 Many thanks for your assistance
and compliance.

 

11: THM141493 - [email address]

I am seeking information of emails ,between your Agency and David Garrett 
to the email dgarrett46 @ outlook.com between 19/01/2019 and 19/07/2019 he
is the head of the ROR2 pressure group. On the West Molesey stretch of the
River Thames

 

 

In these situations the legislation allows us to consider refusing
requests as ‘manifestly unreasonable’ under EIR and ‘above the appropriate
limit’ under FOIA.

 

We estimate that it would take in excess of 100 hours to comply with your
request in its current form. This is based on the time spent on responding
to similar requests which includes locating, retrieving, editing and
copying data from electronic records in a number of databases and offices.

 

In order to help us bring your request within reasonable bounds, would you
be able to considerably reduce the scope of your request?

 

If you are unable to narrow down your request we will, of course, consider
it in accordance with our obligations under FOI and EIR. However we wanted
to give you an opportunity to reconsider your request and describe more
precisely the information you wish to have.

 

I hope that we have correctly interpreted your request.  Please refer to
our Open Government Licence for the permitted use of the supplied data:
[1]http://www.nationalarchives.gov.uk/doc/o...

 

Please be aware that many of our datasets are now available online. Simply
visit [2]environment.data.gov.uk

 

We respond to requests for recorded information that we hold under the
Freedom of Information Act 2000 (FOIA) and the associated Environmental
Information Regulations 2004 (EIR).

 

Please get in touch if you have any further queries or contact us within
two months if you’d like us to review the information we have sent.

 

 

Many thanks

 

Thames Area Customers and Engagement Team

 

 

8 [3][email address]
+ Environment Agency | Red Kite House,
Howbery Park, Wallingford, OX10 8BD

 

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Dear Enquiries_THM,

I will discuss the matter with the ico, I am aware that there is 8 weeks worth that have received no response at all at any stage and each individual request is a lot less work than the combined amount that you have chosen to put into one request. The reason each request was made far smaller than that was to avoid each request being unreasonable in both cost and time and I am aware now through now fault of my own you have now combined them into one. As far as I know each request is reasonable and each request is for a short period of time and the scope is specific enough that restrictions on the scope of each request further would make each request effectively null and void.
I am happy to discuss the issue with the case team at the ico and see if there is something they can assist with, but at the stage I feel it would be a gesture of good will to proceed with each request in it's entirety given the 2 month wait and the breach of the statuary obligations rather than by grouping all the fois , all the internal enquires into one request and then starting that the combined cost is then too much. Each request was not written on the same originally and as such each request and the cost and effort required is not accurate to use your failure to reply in a timely fashion against the person to whom the request was made. I hope that seems reasonable .

A copy of your request to combine all these seperate requests made on separate days into one request and then to claim that the one request is too expensive and there fore o should reduce the amount of information I have requested . Will be copied as will my response and sent to the ico case team to ensure transparency and honesty.

Yours sincerely,

Paul Thatcher

Enquiries_THM, Environment Agency

1 Attachment

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Dear Sir/Madam

 

Thank you – The Environment Agency has received your email.

 

For general enquiries and complaints, we currently aim to respond within
20 working days of receiving your enquiry.

 

For information requests which fall under either the ‘Freedom of
Information Act’ or ’Environmental Information Regulations’ we will aim to
you within 20 working days.  You may wish to look at [2]www.data.gov.uk to
see if the data you have requested is available online.

 

Thank you for your patience.

 

For further information on what you can expect from us and our full
service commitment to you, please click this link;
[3]https://www.gov.uk/government/publicatio...

 

Environmental Incident

 

If your email was to report an environmental incident i.e. pollution, fish
in distress, dumping of hazardous waste etc then please call our freephone
24 hour Incident Hotline on 0800 80 70 60.   

For more details about incident reporting please see our website:
[4]https://www.gov.uk/report-an-environment...

 

Kind regards 

 

Thames Customers and Engagement Team 

 

Direct dial 02030259804

Direct email [5][email address]

 

 

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Enquiries_THM, Environment Agency

2 Attachments

Dear Mr Thatcher,

Review of Freedom of Information/Environmental Information requests
relating to boats moored in the Cherry Orchard Gardens area of West
Molesey under the Freedom of Information Act 2000 (FOIA)

 

I refer to your emails dated 18 September 2019, in which you advise us
that you are appealing our decision to refuse disclosure of 11 information
requests sent between 19 July 2019 and 30 August 2019. Although we
received the requests from you separately and on differing dates (listed
below), we took the decision to collectively group all 11 requests as one,
as they all had the same subject matter.  We responded to these requests
on 18 September 2019.

 

Review
I have now conducted an internal review and concluded that the decision
made to withhold all of the information your requested was correct.  The
exception applied in this circumstance was 12(4)(b) ‘Manifestly
unreasonable’, as it involves diversion of Environment Agency resources,
or is a repeated/multiple requests.

It is my finding that the 11 multiple requests that were sent to us are
all linked and therefore the decision to aggregate them as one collective
request was also correct.

I have considered the public interest factors in favour of releasing or
withholding information, and confirm that I agree with the application of
the exemptions and the public interest test information set out in our
letter of 18 September 2019.

 

I do recognise that there are public interest factors favouring disclosure
in terms of transparency and accountability.  However, on this occasion,
there are considerable factors in favour of withholding the information,
in particular the considerable time and resource that it would take to
carry out your request diverting from the Environment Agency’s primary
work in protecting the environment.

 

Service levels

During this review, I did find that we did not follow our internal Freedom
of Information procedures and that we did not comply with our duty to
respond within the statutory timescales.

 

I note in your email of 18 September 2019, you ask us to consider
responding to your request as a goodwill gesture having failed to comply
with our timescale duties. This is something that is not a sufficient
reason for us to provide information otherwise subject to exemption under
FOI and EIR regulation. However, please do accept my sincere apologies for
our delayed response and reassurance that I have made recommendations as
part of this review to prevent such delays in the future.

 

Summary

In conclusion, I find that we have not on this occasion met the required
statutory timescales for responding to Freedom of Information requests.
However, with regards to considering whether the response to the query was
correct, I conclude that this was properly dealt with and the correct
decision and application of the exemptions was made.

 

Next Steps

I note that within your most recent email to us, you advised that your
position had altered and it was your intention to withdraw all requests
with the exception of those I have listed below.

 

1: THM136765 - [1][email address]

Received 27 July

“In relation to my FoI request I seek communication between yourselves and
Rt Hon Dominic Raab. I believe this is liable to be in relation to the
River Thames along the West Molesey stretch of the river along Cherry
Orchard Gardens KT8 1QY. I hope this is of some assistance”

 

4: THM136754 - [2][email address]

Received 21 July

Please could I be furnished with Emails between Nick Mckie Smith and Dan
Thorpe regarding the boats moored on the Molesey stretch of the river
Thames between 19/12/2018 and 19/07/2019

 

6: THM137280 - [3][email address]

Received 21 July

Please could I be furnished with Emails between Nick McKie-Smith and the
legal department regarding the boats moored on the Molesey stretch of the
river Thames between 19/12/2018 and 19/07/2019.

 

In addition to the previous 11 requests, we have also since received a
further 4 new requests that were not mentioned in our email to you on the
18 September that have been listed below for reference. It is our
intention to collectively group these requests (shown below) in addition
to the previous requests made, listed above. As a result, these have also
had the same exemption of being manifestly unreasonable applied and
therefore we are formally advising that we will not be able to provide you
with the information to the request in its current form.

 

12: THM146748 - [4][email address]

Received 07 September 2019

I respectfully request all email correspondence between yourself and the
Elmbridge borough council in relation between the dates 01/01/2017 and
01/01/2018

 

13: THM146748 - [5][email address]

I respectfully request all email correspondence between yourself and the
Elmbridge borough council in relation between the dates 01/08/2019 and
09/09/2019

 

14: THM146748 - [6][email address]

I respectfully request all email correspondence between yourself and the
Elmbridge borough council in relation between the dates 01/01/2018 and
19/11/2018

 

15: THM146748 - [7][email address]

I respectfully request all email correspondence between yourself and the
Elmbridge borough council in relation between the dates 01/01/2018 and
19/11/2018

 

If you’d still like us to consider requests 1,4 & 6 (with all other
requests, including 12-15 being withdrawn), please could you advise us in
writing. Upon receipt of your confirmation, please allow us a period of 10
working days for us to consider the scaled down request. We will ensure we
communicate with you should we need to withhold all or part of the
information request for any reason.

 

Right of Appeal

If you are not satisfied with this review and our decision not to supply
the requested information you can make an appeal to the Information
Commissioner, who is the statutory regulator for freedom of information. 

The address is: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate).

Fax: 01625 524 510.

Email: [8][email address]. 

Website: [9]http://www.ico.org.uk

 

 

Yours sincerely

 

Team Leader – Thames Area Customers & Engagement Thames

 

 

8 [10][email address]
+ Environment Agency | Red Kite House,
Howbery Park, Wallingford, OX10 8BD

 

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