Arbitration Report

The request was refused by Clackmannanshire Council.

Dear Clackmannanshire Council,

Can you please provide me with the report, submitted by the Head of Resources and Governance, informing the Council of the outcome of the arbitration raised by Pyramid Joinery and Construction Limited against Clackmannanshire Council and seeking Council approval for the settlement of the sum awarded by the Arbitrator. This report was presented at a special council meeting on the 27th March 2017 as described by the minutes of that meeting.

Also could you provide me with the results of the investigation into the circumstances and events resulting in the outcomes described in the paper, which was requested at the meeting and presented at a subsequent meeting.

Yours faithfully,

Peter James

Ann Dickson, Clackmannanshire Council

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To:
Mr. Peter James Contact: Ann Dickson
Tel. No: 01259 450000
Ref: RES056CBB2
Date: 05/12/2018

Dear Mr. James

Freedom of Information : RES056CBB2

I acknowledge receipt of your request for information which was received
on 05/12/2018 about Pyramid Joinery.   It will be forwarded to the
appropriate Council Service for action and you should receive a response,
or a request for clarification by 08/01/2019. If there is a need to
clarify anything relating to your request, colleagues will contact you.  

If you have any queries about this letter, please contact me.  

Yours sincerely

Ann Dickson

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Dear Clackmannanshire Council,

Hi,

Any progresson this?

Yours faithfully,

Peter James

FOI, Clackmannanshire Council

Dear Mr James

I have forwarded your email to the Officer who will provide a response.
 We hope to reply to you very soon

Ann Dickson

From:        Peter James <[FOI #536939 email]>
To:        FOI requests at Clackmannanshire Council <[Clackmannanshire Council request email]>
Date:        11/01/2019 07:49
Subject:        Re: Freedom of Information request - Arbitration Report

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Dear Clackmannanshire Council,
Hi,
Any progresson this?
Yours faithfully,
Peter James

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Dear FOI,

This request is now 9 days late.

Yours sincerely,

Peter James

Dana Scjalokaite, Clackmannanshire Council

1 Attachment

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| Clackmannanshire Council, Kilncraigs, Alloa, Clackmannanshire FK10 ||
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To:
Mr. Peter James Contact: Lindsay Thomson
  Tel. No: 01259 450000
Ref: RES056CBB2
Date: 17/01/2019

Dear Mr. James

Freedom of Information Enquiry: RES056CBB2

First of all please let me apologise for not responding to your request
sooner.

I have reviewed all of the information we hold and I can confirm the
following:-

There was a special meeting of Council on 27 March 2017 which considered a
report headed "Arbitration Pyramid Joinery and Construction".  During the
meeting members of Council resolved to exclude the public in terms of
schedule 7A Part 1 Paragraph 12 of the Local Government (Scotland) Act
1973 (the 1973 Act).  You have referred in your request to the minute of
the meeting which are made publically available.  Included in the minute
of the meeting is a reference to the outcome of the arbitration and also
to legal advice which was sought.  The minute also notes that there would
be an investigation and a report brought back to Council.

I can confirm that there was a report to Council on 13 April 2017.
 Council also excluded the public from its consideration of this report in
terms of the 1973 Act.  

Finally there was a further report presented to Council on 28 June 2017
headed "Arbitration Award" and  the minute of the that meeting indicates
that the recommendation was accepted.  These minutes are also publically
available.

You have asked for a copy of the report which went to Council on 27 March
2017 and the "results of the investigation into the circumstances and
events resulting in the outcomes described in the paper" of 27 March 2017.
  In my view, that is the report which was presented to Council on 28 June
2017.    

The purpose of the provision of the 1973 Act is to allow Council to
consider and decide upon matters which are not shared with members of the
public.  The reports which are determined to be exempt have to fall within
categories set out in the 1973 Act. On that basis I have refused your
freedom of information request on the basis of section 30 (b) (i) of the
Freedom of Information (Scotland) Act 2001,  which is that disclosure
would or would be likely to inhibit substantially the free and frank
provision of advice.  

I have considered a number of factors:-

There is statutory provisions, and recognition, that allows local
authorities to deal with exempt information in a way which allows
decisions to be taken without full public scrutiny in those limited
circumstances.  This is done infrequently, and when it is done, there is
still a public record of the fact that there has been an exempt report
considered.  The publically available minutes provide that confirmation.
This also addressed the public interest in ensuring that there is a public
record of the decision.  I have not identified any broader public interest
considerations in the release of this information.    

When preparing reports with exempt information, officers, in their role
advising Council, are able to express that advice in the clearest possible
terms and with the level of required detail on the basis that the report
will be considered in private.  It is likely, in my view, that requiring
local authorities to disclose information which the Council has determined
to be exempt, would substantially inhibit the advice which is tendered. In
particular, in this matter, officers were required to compile an
investigation report into a matter, which by its very nature, requires a
frank and honest assessment of the process and issues.  This report (for
28 June 2017 Council) was the third time which the matter had been before
Council in a period of a few months, which discloses something about the
significance of the matter and the interest of Council. This was the third
in a series of exempt reports, which I think  will have allowed officers
to investigate the matter and then provide advice to Council about the
appropriate way forward.  If there is no mechanism for advice about the
most sensitive of issues to Council without this advice immediately being
subject to release under Freedom of Information legislation, the
provisions of the 1973 Act are redundant.  

I had also reviewed the exemptions which relate to legal privilege, given
that at least some of the material contains legal advice and whether there
is a prohibition on disclosure given the terms of the 1973 Act and the
rule promulgated under the Arbitration (Scotland) Act 2010 which concerns
confidential information.  However, while they may also apply I have based
my  refusal of your request on section 30 alone.        

Yours sincerely,

Lindsay Thomson

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| If you are not satisfied with this response, you may contact the |
| Council’s Head of Resources and Governance seeking a review of your |
| request. within 40 working days of receiving the response (the |
| address is: Clackmannanshire Council, Kilncraigs, Alloa FK10 1EB. |
| (Email address: [Clackmannanshire Council request email]). If you are not satisfied with |
| the outcome of the review you have the right to appeal directly to |
| The Scottish Information Commissioner, Kinburn Castle, Doubledykes |
| Road, St. Andrews, Fife KY16 9DS, or online |
| www.itspublicknowledge.info/Appeal within 6 months. |
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References

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2. http://twitter.com/clackscouncil
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