Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywN Acrod mewngofnodwch a gadael i bawb wybod.

Audit and internal control

N Acrod made this Rhyddid Gwybodaeth request to Wirral Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

We're waiting for N Acrod to read recent responses and update the status.

Dear Wirral Metropolitan Borough Council,

I have two questions I would like answered under the Freedom of Information Act:-

1)

I note that the comments within “The Annual Audit Letter for Wirral Council” dated 28 October 2013 by “Grant Thornton UK LLP”, the Council’s Auditors, raise concerns on Page 10 that: -

“We issued a report by exception relating to significant weaknesses in the Authority’s arrangements for: -

• promoting and demonstrating the principles and values of good governance;
• managing risks and maintaining a sound system of internal control.”

Please provide any and all document between the Leader of the Council, Councillor Phil Davies and Senior and Service Management about how these worrying comments have been rectified in the 10 months since “the Letter”.

2)

Section 2.4 of the Council’s “Annual Report On Parking Enforcement” dated 12 February 2014 states that: -

"Statutory Guidance issued under the TMA requires that Councils should produce an annual report on their parking enforcement activities and that this report should contain financial, statistical and performance related data in respect of its parking operations."

a) Is the policy of the Wirral Metropolitan Borough Council to adhere to such “Statutory Guidance” a legal requirement, good practice, good manners or just common sense?

b) What other requirements of this particular “Statutory Guidance” does the Council follow and more importantly are there any areas of this “Statutory Guidance” that said Council does not follow and if so why?

c) If the Council fails to adhere to any of this “Statutory Guidance” is this a conscious decision by Members or a shortfall by Senior Officers and or Service Management.

d) Do any other Council service areas operate under similar “Statutory Guidance”? If so please provide details of the service area, the “Statutory Guidance” and audit details of how the Council monitors it obligations under said “Statutory Guidance”.

If no audit procedures are currently in place please be so kind as to have the Chief Executive of The Council, Mr Graham Burgess, detail how he intends to rectify this.

Yours faithfully,

N Acrod

Dear Wirral Metropolitan Borough Council,

Your Council web site contains the following statement:-

"We aim to respond to you within the next 20 days as set out in the Freedom of Information Act 2000. If additional time is required we will contact you to advise an extension is required and will confirm when you can expect a response."

Bearing in mind I made this request 28 days ago (18/08/2014) would you please confirm:-

a) is your web site incorrect and you actually mean "20 working days ?
(https://www.wirral.gov.uk/crmservicerequ...

b) are you exceptionally busy answering lots of FoI requests ? If so provide details of volumes, statistical on the achievement of the 20 day aim, statistics on follow up request and clarifications.

or c) does this just show another Service Area subject to a shortfall by
Senior Officers and or Service Management?? If this is the case what are the plans to improve the Service?

Yours faithfully,

N Acrod

Dear Wirral Metropolitan Borough Council,

Again I find myself having to correspond with you over the lack of response to my FoI request. As you are aware by law, the authority should normally have responded promptly and by 16 September 2014 at the latest.

This date have now past.

As such I wish for a formal "internal review" investigation of the process surrounding the lack of action on this request.

Yours faithfully,

N Acrod

Gadawodd T Harrison anodiad ()

https://www.justice.gov.uk/information-a...

If you receive a complaint from a dissatisfied applicant you must:
-contact your freedom of information specialist
**** -confirm to the applicant that you have received their complaint and indicate to them when they should expect a response ****

Gadawodd N Acrod anodiad ()

The complainant has requested information relating “The Annual Audit Letter” and the Council’s “Annual Report on Parking Enforcement”. The Commissioner’s decision is that Wirral Metropolitan Borough Council (the Council) has breached section 10(1) of the FOIA. The Commissioner requires the Council to either provide the requested information or issue a refusal notice in accordance with section 17 of the FOIA.

https://ico.org.uk/media/action-weve-tak...

Gadawodd ScarletPimpernel anodiad ()

ICO issued a decision notice for this FOI request on the 4th December 2014 (FS50558474) which can be viewed at https://ico.org.uk/media/action-weve-tak... .

Wirral Council have to the 1st January 2015 to appeal decision notice FS50558474 and if not appealed by the 8th January 2015 to comply with the notice. I quote from the decision notice "The Commissioner requires the Council to either provide the requested information or issue a refusal notice in accordance with section 17 of theFOIA."

Corrin, Jane, Wirral Metropolitan Borough Council

1 Atodiad

Dear Mr Acrod,

 

Re FS50558474

 

I refer to your request for information dated 18 August 2014, which was
as follows:-

 

Dear Wirral Metropolitan Borough Council,

I have two questions I would like answered under the Freedom of
Information Act:-

1)  I note that the comments within “The Annual Audit Letter for Wirral
Council” dated 28 October 2013 by “Grant Thornton UK LLP”, the
Council’s Auditors, raise concerns on Page 10 that: -

“We issued a report by exception relating to significant weaknesses in
the Authority’s arrangements for: -

• promoting and demonstrating the principles and values of good
governance;
• managing risks and maintaining a sound system of internal control.”

Please provide any and all document between the Leader of the Council,
Councillor Phil Davies and Senior and Service Management
about how these worrying comments have been rectified in the 10 months
since “the Letter”.

2) Section 2.4 of the Council’s “Annual Report On Parking Enforcement”
dated 12 February 2014 states that: -

"Statutory Guidance issued under the TMA requires that Councils should
produce an annual report on their parking enforcement
activities and that this report should contain financial, statistical and
performance related data in respect of its parking operations."

a) Is the policy of the Wirral Metropolitan Borough Council to adhere to
such “Statutory Guidance” a legal requirement, good practice, good
manners or just common sense?

b) What other requirements of this particular “Statutory Guidance” does
the Council follow and more importantly are there any areas of
this “Statutory Guidance” that said Council does not follow and if so
why?

c) If the Council fails to adhere to any of this “Statutory Guidance” is
this a conscious decision by Members or a shortfall by
Senior Officers and or Service Management.

d) Do any other Council service areas operate under similar “Statutory
Guidance”? If so please provide details of the service
area, the “Statutory Guidance” and audit details of how the Council
monitors it obligations under said “Statutory Guidance”.

If no audit procedures are currently in place please be so kind as to
have the Chief Executive of The Council, Mr Graham Burgess,
detail how he intends to rectify this.

Yours faithfully,

 

I am copying this response to the Information Commissioner’s Office in
connection with your complaint and the decision notice dated 4 December
2014. I apologise for the delay in responding. I consider that your
request for information in respect of 1) above falls under the remit of
the Freedom of Information Act 2000 (FOIA), whilst your request under 2)
above should be considered under the Environmental Information Regulations
2004, (EIR) as it concerns environmental information.

 

1.Freedom of Information Act 2000 (FOIA)

You have referred in your request for information to an extract from the
Annual Audit Letter dated 28 October 2013 concerning a report by exception
issued by the Council’s external auditors, Grant Thornton,

 

relating to significant weaknesses in the Authority’s arrangements for: -
• promoting and demonstrating the principles and values of good
governance;
• managing risks and maintaining a sound system of internal control.”

You requested that the Council “provide any and all document between the
Leader of the Council, Councillor Phil Davies and Senior and Service
Management about how these worrying comments have been rectified in the 10
months since “the Letter”.

 

Having regard to the Council’s duty to provide advice and assistance to
those requesting information of public authorities, I enclose a copy of
the Council Annual Governance Statement,2013-2014 which in Paragraph 3
provides steps taken by the Council to improve its corporate governance
arrangements in 2013-2014.This Statement was considered in open session by
the Audit and Risk Management Committee on 17 September 2014. However, I
consider that the information you have requested above is exempt
information under Section 36 of the Freedom of Information Act 2000, in
that disclosure of the information would inhibit the free and frank
provision of advice or the free and frank exchange of views for the
purposes of deliberation (Section 36 (2) (b) (i) and (ii). I have had
regard, as the authorised person to the guidance issued by the ICO
“Prejudice to the effective conduct of public affairs “ Version 2.

 

As the authorised person, I am required to take a view as to whether, in
my reasonable opinion, the free and frank provision of advice or the free
and frank exchange of views for the purposes of deliberation would be
inhibited if such advice or exchange of views were to be disclosed to a
member of the public. I consider, in my reasonable opinion, that the
disclosure of advice given by Senior and Service Management to the Leader
of the Council concerning the improvement of the Council’s corporate
governance arrangements would inhibit the free and frank provision of such
discussions in the future and have a “chilling effect” on such
discussions. Paragraph 47 of the ICO Guidance provides “ The chilling
effect argument is that disclosure of internal discussions would inhabit
free and and frank discussions in the future,and that the loss of
frankness and candour would damage the quality of advice and deliberation
and lead to poorer decision making.” Disclosure would make officers and
members less likely to engage in discussion, whether oral or written, as
part of the deliberation process.

 

Section 36 is not an absolute exemption and is subject to the public
interest test.

 

Public Interest Factors in favour of disclosure

o Public interest in the promotion of  transparency and accountability
in relation to the

activities of public authorities

Public Interest Factors in favour of maintaining the exemption

o Reduction of the ‘chilling effect’ when matters of particular
importance  are being discussed
o Reduces the likelihood of inhibition of future discussion in respect
of such issues

 

I consider that the public interest in maintaining the exemption outweighs
the public interest in disclosing the information. I also consider that
the Annual Governance Statement 2013-2014, enclosed above, provides
details of the steps taken by the Council to improve its corporare
governance arrangements since the exception report referred to by Grant
Thornton in the Annual Audit Letter 2013.

 

2.Environmental Information Regulations 2004 (EIR)

 

I consider that your request for information should be considered under
the Environmental Information Regulations 2004, as it concerns measures,
namely civil enforcement relating to vehicles ( which concerns measures or
activities affecting the element of land),.Regulation 2 (1) (c) of the
EIR).I can confirm that in respect of 2 (a) above that the Council is
required to have due regard to the Statutory Guidance referred to in your
request for information. I have provided an electronic link to the
Council’s Policy on Parking which includes the Council’s TMA Annual Report
2013.

[1]http://www.wirral.gov.uk/my-services/tra...

 

 

However, I do not consider your request contained in 2) above to be a
valid request for information held by the Council but a question as to how
the Council interprets the Statutory Guidance referred to in your request
and that therefore the Council does not hold that information when your
request for information was received.(Regulation 12(4)(a) of the EIR.)I
consider that the link provided above complies with the Council’s duty to
provide advice and assistance under Regulation 9 (1) of the EIR.”

 

I am therefore refusing your request for information in 1) above under
Section 17 of the Freedom of Information Act 2000, on the ground that the
exemption contained in Section 37 (2) (b) (i) and (ii) of FOIA applies.You
have the right to request an internal review in respect of this refusal of
your request for information, which should be addressed to Jane Corrin,
Legal and Member Services, Transformation and Resources, Brighton Street,
Town Hall, Wallasey, CH44 8ED, [2][email address].

 

I am also refusing your request for information in 2) above under the
Environmental Information Regulations relying on the exception contained
in Regulation 12 (4) (a) of the EIR on the basis that the Council did not
hold information when your request was received. You have the right to
make representations which should be sent to the same person and address
as in the above paragraph.

 

 

Yours sincerely

Surjit Tour

Head of Legal and Member Services & Monitoring Officer

Transformation and Resources

Wirral Council

Brighton Street

Town Hall

Wallasey

CH44 8ED

[3][email address]

 

 

 

dangos adrannau a ddyfynnir

References

Visible links
1. http://www.wirral.gov.uk/my-services/tra...
2. mailto:[email address]
3. mailto:[email address]

Corrin, Jane, Wirral Metropolitan Borough Council

1 Atodiad

Dear Mr. Acrod,

Please see amended text in red font at the penultimate paragraph,
apologies for the slight error.

Yours sincerely

Information Manager

Wirral Council

[1][Wirral Borough Council request email]

 

Dear Mr Acrod,

 

Re FS50558474

 

I refer to your request for information dated 18 August 2014, which was
as follows:-

 

Dear Wirral Metropolitan Borough Council,

I have two questions I would like answered under the Freedom of
Information Act:-

1)  I note that the comments within “The Annual Audit Letter for Wirral
Council” dated 28 October 2013 by “Grant Thornton UK LLP”, the
Council’s Auditors, raise concerns on Page 10 that: -

“We issued a report by exception relating to significant weaknesses in
the Authority’s arrangements for: -

• promoting and demonstrating the principles and values of good
governance;
• managing risks and maintaining a sound system of internal control.”

Please provide any and all document between the Leader of the Council,
Councillor Phil Davies and Senior and Service Management
about how these worrying comments have been rectified in the 10 months
since “the Letter”.

2) Section 2.4 of the Council’s “Annual Report On Parking Enforcement”
dated 12 February 2014 states that: -

"Statutory Guidance issued under the TMA requires that Councils should
produce an annual report on their parking enforcement
activities and that this report should contain financial, statistical and
performance related data in respect of its parking operations."

a) Is the policy of the Wirral Metropolitan Borough Council to adhere to
such “Statutory Guidance” a legal requirement, good practice, good
manners or just common sense?

b) What other requirements of this particular “Statutory Guidance” does
the Council follow and more importantly are there any areas of
this “Statutory Guidance” that said Council does not follow and if so
why?

c) If the Council fails to adhere to any of this “Statutory Guidance” is
this a conscious decision by Members or a shortfall by
Senior Officers and or Service Management.

d) Do any other Council service areas operate under similar “Statutory
Guidance”? If so please provide details of the service
area, the “Statutory Guidance” and audit details of how the Council
monitors it obligations under said “Statutory Guidance”.

If no audit procedures are currently in place please be so kind as to
have the Chief Executive of The Council, Mr Graham Burgess,
detail how he intends to rectify this.

Yours faithfully,

 

I am copying this response to the Information Commissioner’s Office in
connection with your complaint and the decision notice dated 4 December
2014. I apologise for the delay in responding. I consider that your
request for information in respect of 1) above falls under the remit of
the Freedom of Information Act 2000 (FOIA), whilst your request under 2)
above should be considered under the Environmental Information Regulations
2004, (EIR) as it concerns environmental information.

 

1.Freedom of Information Act 2000 (FOIA)

You have referred in your request for information to an extract from the
Annual Audit Letter dated 28 October 2013 concerning a report by exception
issued by the Council’s external auditors, Grant Thornton,

 

relating to significant weaknesses in the Authority’s arrangements for: -
• promoting and demonstrating the principles and values of good
governance;
• managing risks and maintaining a sound system of internal control.”

You requested that the Council “provide any and all document between the
Leader of the Council, Councillor Phil Davies and Senior and Service
Management about how these worrying comments have been rectified in the 10
months since “the Letter”.

 

Having regard to the Council’s duty to provide advice and assistance to
those requesting information of public authorities, I enclose a copy of
the Council Annual Governance Statement,2013-2014 which in Paragraph 3
provides steps taken by the Council to improve its corporate governance
arrangements in 2013-2014.This Statement was considered in open session by
the Audit and Risk Management Committee on 17 September 2014. However, I
consider that the information you have requested above is exempt
information under Section 36 of the Freedom of Information Act 2000, in
that disclosure of the information would inhibit the free and frank
provision of advice or the free and frank exchange of views for the
purposes of deliberation (Section 36 (2) (b) (i) and (ii). I have had
regard, as the authorised person to the guidance issued by the ICO
“Prejudice to the effective conduct of public affairs “ Version 2.

 

As the authorised person, I am required to take a view as to whether, in
my reasonable opinion, the free and frank provision of advice or the free
and frank exchange of views for the purposes of deliberation would be
inhibited if such advice or exchange of views were to be disclosed to a
member of the public. I consider, in my reasonable opinion, that the
disclosure of advice given by Senior and Service Management to the Leader
of the Council concerning the improvement of the Council’s corporate
governance arrangements would inhibit the free and frank provision of such
discussions in the future and have a “chilling effect” on such
discussions. Paragraph 47 of the ICO Guidance provides “ The chilling
effect argument is that disclosure of internal discussions would inhabit
free and and frank discussions in the future,and that the loss of
frankness and candour would damage the quality of advice and deliberation
and lead to poorer decision making.” Disclosure would make officers and
members less likely to engage in discussion, whether oral or written, as
part of the deliberation process.

 

Section 36 is not an absolute exemption and is subject to the public
interest test.

 

Public Interest Factors in favour of disclosure

o Public interest in the promotion of  transparency and accountability
in relation to the

activities of public authorities

Public Interest Factors in favour of maintaining the exemption

o Reduction of the ‘chilling effect’ when matters of particular
importance  are being discussed
o Reduces the likelihood of inhibition of future discussion in respect
of such issues

 

I consider that the public interest in maintaining the exemption outweighs
the public interest in disclosing the information. I also consider that
the Annual Governance Statement 2013-2014, enclosed above, provides
details of the steps taken by the Council to improve its corporare
governance arrangements since the exception report referred to by Grant
Thornton in the Annual Audit Letter 2013.

 

2.Environmental Information Regulations 2004 (EIR)

 

I consider that your request for information should be considered under
the Environmental Information Regulations 2004, as it concerns measures,
namely civil enforcement relating to vehicles ( which concerns measures or
activities affecting the element of land),.Regulation 2 (1) (c) of the
EIR).I can confirm that in respect of 2 (a) above that the Council is
required to have due regard to the Statutory Guidance referred to in your
request for information. I have provided an electronic link to the
Council’s Policy on Parking which includes the Council’s TMA Annual Report
2013.

[2]http://www.wirral.gov.uk/my-services/tra...

 

 

However, I do not consider your request contained in 2) above to be a
valid request for information held by the Council but a question as to how
the Council interprets the Statutory Guidance referred to in your request
and that therefore the Council does not hold that information when your
request for information was received.(Regulation 12(4)(a) of the EIR.)I
consider that the link provided above complies with the Council’s duty to
provide advice and assistance under Regulation 9 (1) of the EIR.”

 

I am therefore refusing your request for information in 1) above under
Section 17 of the Freedom of Information Act 2000, on the ground that the
exemption contained in Section 36 (2) (b) (i) and (ii) of FOIA applies.You
have the right to request an internal review in respect of this refusal of
your request for information, which should be addressed to Jane Corrin,
Legal and Member Services, Transformation and Resources, Brighton Street,
Town Hall, Wallasey, CH44 8ED, [3][email address].

 

I am also refusing your request for information in 2) above under the
Environmental Information Regulations relying on the exception contained
in Regulation 12 (4) (a) of the EIR on the basis that the Council did not
hold information when your request was received. You have the right to
make representations which should be sent to the same person and address
as in the above paragraph.

 

 

Yours sincerely

Surjit Tour

Head of Legal and Member Services & Monitoring Officer

Transformation and Resources

Wirral Council

Brighton Street

Town Hall

Wallasey

CH44 8ED

[4][email address]

 

 

 

dangos adrannau a ddyfynnir

References

Visible links
1. mailto:[Wirral Borough Council request email]
2. http://www.wirral.gov.uk/my-services/tra...
3. mailto:[email address]
4. mailto:[email address]

Nid ydym yn gwybod a yw'r ymateb mwyaf diweddar i'r cais hwn yn cynnwys gwybodaeth neuai peidio - os chi ywN Acrod mewngofnodwch a gadael i bawb wybod.