Dear Buxton and Leek College,
Please can you provide me with your total agency spend so far in the 2019/2020 academic year.
Also Please can you provide me with the organogram/structure chart including the leadership team with full names.
Freedom of Information Act 2000 request FOI/2192
I acknowledge receipt of your request for information received on 15^th
Unfortunately, I am not obliged to deal with it as it is not deemed to
be a valid request under the Freedom of Information Act 2000; you have
not given your full name as the applicant. Please see below the relevant
guidance from the Information Commissioners Office. If you would like to
re-submit this request, supplying me with your full name I will process it
in accordance with the Act.
Information Assurance Coordinator
Section 8(1) of the FOIA sets out the requirements of a valid request
for information and says that a request must, amongst other things, "state
the name of the applicant and an address for correspondence". This
guidance provides advice on how these two terms should be interpreted. A
public authority is entitled to treat as invalid a request where the real
name of the applicant (whether an individual or a corporate body) has not
Requests involving known pseudonyms cannot be the subject of a
valid complaint to the Information Commissioner under section 50 of the
FOIA. Where a public authority knows that a pseudonym has been used, as
a matter of good practice it should still consider the request, for
example where identity is not relevant and it is content to disclose
the information requested, even though technically the request is
invalid. Either an email or postal address is acceptable as an address
The name of the applicant
The use of the phrase "the name of the applicant" in section
8(1)(b) indicates that the real name of the applicant should be used
when requesting information and not any other name, for example, a
pseudonym. Although one of the underlying principles of the FOIA is that
the identity of the applicant is not taken into account, it can be
relevant in certain circumstances.
For example, when:
A request is being made by the applicant for his/her own personal data and
so would be exempt under section 40(1) of the FOIA (and would comprise a
subject access request under the Data Protection Act 1998);
A public authority has good reason to believe a requester is using
a pseudonym to shield his/her identity in order to avoid the possibility
of the request being considered as vexatious or repeated; or Determining
whether to aggregate costs for two or more requests in accordance with the
Therefore, we are of the view that it was the intention of the
legislation that an applicant should provide their real name so that the
request can be processed in accordance with the requirements of the
FOIA. The definition of "applicant" in section 84 of the FOIA adds weight
to this as the phrase in section 8(1)(b) should be read as "the name of
the person making the request". This also suggests that the use of a false
or fictitious name is not acceptable. Therefore, where a public
authority receives a request from a person using an obvious pseudonym,
there is no obligation to comply with the request; nor would it fall
within the jurisdiction of the Information Commissioner. If a public
authority chooses not to comply with the request it should, in keeping
with its duty under section 16, advise the applicant that the FOIA
requires their real name to be provided.
What constitutes a real name?
We consider that a relatively informal approach is also appropriate
in this context. Therefore, title and/or first name with surname
satisfies the requirement for provision of a real name, as does the use by
a female applicant of her maiden name. The prime consideration is whether
enough of a person’s full name has been provided to give a reasonable
indication of that person’s identity.
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA
by stating his name in a request for information as "Arthur Roberts", "A.
T. Roberts", or "Mr Roberts", but not by stating his name as "Arthur"
or "A.T.R." In the case of a company, it is not necessary to provide the
full registered name. It will be acceptable to provide another name
which exists as a real entity, such as a trading name. Similarly, a sole
trader could provide his or her real name or trading name. In most cases,
it will be reasonable for a real name to comprise a name by which the
person making the request is widely known and/or is regularly used by that
person and which is not an obvious pseudonym or fictitious name.
The University of Derby has a published policy regarding email and
reserves the right to monitor email traffic.
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Key University contacts: http://www.derby.ac.uk/its/contacts/
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