Army Secretariat
Army Headquarters
IDL 24 Blenheim Building
Marlborough Lines
Andover
Hampshire, SP11 8HJ
United Kingdom
Ref: FOI2020/01114/10/05
E-mail:
xxxxxxxxxxxxx@xxx.xxx.xx
FOI2020/01530
Website: www.army.mod.uk
FOI2020/01900
FOI2020/02016
FOI2020/02125
John Dauncey
Email: request-639242-
03 March 2020
xxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear Mr Dauncey,
Thank you for your email of 27 January in which you requested the following information:
“In Regards to the ACF and FOI can you answer the following questions.
1 How many Cadet Commandants have been appointed over the age of 65 yrs old 2018 to
2020 ?
2 What would be the reasoning behind acceptance over the age candidates with the
exception of specialist skills i.e. musician etc. ?”
You have also requested the following information on 07 February:
“I wish to request under the FOI policy a copy of the Scores etc from the Board for
Commandant Cleveland held on the 17 July 2018 and any correspondence relating to the
board.
I also request a copy of the age exemption or waiver that was submitted from the board and
any other correspondence involved.”
I am treating your correspondence as a request for information under the Freedom of Information
Act (FOIA) 2000. A search for the information has now been completed within the Ministry of
Defence, and I can confirm that the information in scope of your request is held and is below.
Due to the low number of Cadet Commandants appointed between 2019 to 2020, information in
relation to the first question of your request dated 27th January has been withheld under Data
Protection. This information is exempt from release under section 40 (Personal Data) of the FOIA.
Section 40(2) has been applied to the information to protect personal information as governed by
the Data Protection Act 2018. Section 40 is an absolute exemption and there is therefore no
requirement to consider the public interest in deciding to withhold the information.
In response to second part of your 27th January request, please find below an extract from Army
Cadet Forces (ACF) Regulations:
2.3.2.5.1. The age limits for the ACF are:
a. a. Officers
. The minimum age for appointment to a Cadet Forces
Commission is 18 years. An ACF Officer is usually expected to end
uniformed membership of the ACF at 65 years.
2.3.7.2.8. Period of appointment or extensions to Officers and Adult Instructors of all
ranks 65 years and over
. RPOC Commanders may extend CFAVs beyond the age of
65 if there are exceptional circumstances (such as them being the only CFAV capable
of carrying out a role).
Under Section 16 (Advice and Assistance) you might find it helpful to note that being over the age
of 65 is not against the ACFs Regulations, although as indicated in the policy above a Cadet Force
Adult Volunteer (CFAV) would be usually expected to resign from uniformed service by the age of
65. If they are fulfilling a role that would suffer by their leaving, extending their tenure beyond the
age of 65 would be allowed.
In response to first part of your second request, please note that aggregated Board member scores
from the Board for Commandant Cleveland have been withheld under the Data Protection. This
information is exempt from release under section 40 (Personal Data) of the FOIA. Section 40(2)
has been applied to the information to protect personal information as governed by the Data
Protection Act 2018. Section 40 is an absolute exemption and there is therefore no requirement to
consider the public interest in deciding to withhold the information. All correspondance including
individual board members grading scores and hand written notes containing personal data after the
board have been destroyed in accordance with the ACF Regulations.
Under section 16 (Advice and Assistance) you may find it useful to know that reasons behind the
appointment would fall under the Data Protection regulations and would not be releasable.
Additionally, you may find it useful to know that personal data is not obtainable under the FOI Act,
however individuals can make a subject acess request (SAR) under the Data Protection Act 2018.
In order to make a SAR, please complete the attached form and forward it to the appropriate
address indictated in the form.
In response to the second part of your second request, please note that there is no set form/waiver.
Para’s 2.3.2.5.1 and 2.3.7.2.8 above explain that CFAVs would be usually expected to leave at the
age of 65, however this can be extended beyond this if there are no other suitable candidates. For
a Commandants post this would require a written authority from the RPoC Commander.
If you have any queries regarding the content of this letter, please contact this office in the first
instance. Following this, if you wish to complain about the handling of your request, or the content
of this response, you can request an independent internal review by contacting the Information
Rights Compliance team, Ground Floor, MOD Main Building, Whitehall, SW1A 2HB (e-mail CIO-
xxxxxx@xxx.xx). Please note that any request for an internal review should be made within 40
working days of the date of this response.
If you remain dissatisfied following an internal review, you may raise your complaint directly to the
Information Commissioner under the provisions of Section 50 of the Freedom of Information Act.
Please note that the Information Commissioner will not normally investigate your case until the
MOD internal review process has been completed. The Information Commissioner can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF. Further details of the role and powers of the Information Commissioner can be found on
the Commissioner's website at https://ico.org.uk/.
Yours sincerely,
Manning Portfolio 2
Army Secretariat
PRIVATE (When completed)
MoD Form 1694 – Apr 15
Data Protection Act 1998
Subject Access Request (SAR)
Form
Please write in
BLACK in
BLOCK CAPITAL LETTERS inside the boxes.
I am the Data Subject (The person the information is about):
I am acting on behalf of the Data Subject:
Please complete Parts 1, 3 and 4 plus Part 6 if necessary.
If you are seeking information on behalf of someone who is unable to act for themselves, you must explain your relationship, what
information you require and why it is required. Please note that information relating to someone else will not be disclosed without the
data subject’s written consent or an appropriate Court Order or Power of Attorney. Accordingly I enclose:
The Data Subject’s written consent to disclosure of the information requested at Part 3:
A Court Order (e.g. Power of Attorney) permitting release of the information requested at Part 3:
My relationship to the data subject is:
(
Please specify e.g. Doctor/Solicitor/Spouse/Civil Partner/Father/Mother/Brother/Sister)
Part 1 – Data Subject Personal Details
Surname:
Full Forename(s):
Title:
Service/Staff No:
Rank/Grade:
Date of Birth:
National
Contact Tel. No:
E-mail address:
Insurance Number:
MoD Service
Civilian:
Royal Navy:
Date(s) of
Date(s) of
Joining:
Leaving:
Army:
Royal Air Force:
Home Guard (HG)
County served in
(HG)
Please provide the address that you want the information sent to plus your daytime telephone number (
if different from
above, in case we need to speak to you to discuss your request). If seeking information on behalf of someone else please
provide your full name.
Surname:
Full Forename(s):
Title:
Address Line 1:
Daytime Telephone:
Address Line 2:
County:
Address Line 3:
Postcode:
Town:
Country:
Part 2 - What to do next
Please complete Parts 3 and 4 plus Part 6, if necessary, and forward the form (plus written consent and/or court order if acting
on behalf of the data subject) to the appropriate address below:
Royal Navy:
RN Disclosure Cell, Mail Point G.2 Room 48, West
DECA:
Data Protection Adviser, HRBP, DECA Sealand,
Battery, Whale Island, Portsmouth, PO2 8DX
Welsh Road, Deeside, Flintshire, CH5 2LS
Army & HG
APC Secretariat, Disclosures 2, Mail point 535,
Hydrographic
DPA Focal Point, UK Hydrographic Office,
Kentigern House, 65 Brown Street, Glasgow, G2 8EX
Office:
Admiralty Way, Taunton, Somerset, TA1 2DN
Royal Air Force:
RAF Disclosures Room 14, Trenchard Hall, RAF
MoD Civilians:
Defence Business Services Mail and Scanning Hub,
Cranwell, Sleaford, Lincolnshire, NG34 8HB
PO Box 38, Cheadle Hulme, Cheshire SK8 7NU
RFA Seafarers:
RFA Pers Ops, Room 13, Mail Point G1, West Battery,
Serv Pers/Vets
Defence Business Services, Subject Access Request
Whale Island, Portsmouth, PO2 8DX
(AFPS, AFCS,
Team, Room 6303, Tomlinson House, Norcross,
WPS only):
Thornton Cleveleys, FY5 3WP
DSTL:
DSTL SDPO, i-Sat B, G01, Bldg 5, DSTL, Porton
Others e.g. the
Main Building, 2.B.45, Horse Guards Avenue,
Down, Salisbury, Wilts, SP4 0JQ
Public
Whitehall, London SW1A 2HB
PRIVATE (When completed)
PRIVATE (When completed)
Data Protection Act 1998 - MOD Subject Access Request - MOD Form 1694
Part 3 – Information Requested
State clearly the information you require, with dates where known
e.g. my medical records while serving at HMS Centurion 1990-1993
Please provide as
much information
as possible to
assist us in
locating your data
Continue using
Part 6, if
necessary
Please enter the number of Continuation Sheets used:
The MoD will use the information provided to locate the data sought. Your request will be processed in accordance with
Departmental personnel policies under the Data Protection Act 1998.
Part 4 – Declaration by Requestor
Verification of identity is required before your request can be processed:
I enclose as verification of identity a photocopy of my:
Passport:
Driving Licence:
Utility Bill:
Other:
I declare that, to the best of my knowledge, the information I have provided on this form is correct.
Name in Capitals:
Signature:
Date:
Part 5 – MoD Use Only
Actioned By:
Date Received:
(Name in Capitals)
SAR Reference No:
Signature:
Date Responded:
PRIVATE (When completed)
PRIVATE (When completed)
Data Protection Act 1998 - MOD Subject Access Request - MOD Form 1694
Part 6 – Information Requested Continuation Sheet
Only use this sheet where you have been unable to detail all of the information you are requesting at Part 3.
Name in Capitals:
Service/Staff No:
Date:
Please provide as
much information
as possible to
assist us in
locating your data
Continue using
another Part 6
sheet, if necessary
Continuation Sheet No:
PRIVATE (When completed)
Document Outline