Council assets

Mae'r cais hwn wedi cael ei dynnu'n ôl gan y sawl a'i wnaeth. Efallai y bydd esboniad yn yr ohebiaeth isod.

To the information officer,

I am emailing to request the following information from the council under the Freedom of Information Act 2000:

Note: This request does not relate to social housing stock

1) A list of building, land and heritage assets disposed of (i.e. the council no longer owned the asset) by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address (if applicable)
- Postcode (if applicable)
- UPRN (if possible)
- The date it was disposed of
- The type of disposal (for example sale, community asset transfer, etc)
- The valuation of the asset at the point it was classified as an asset held for sale (both lower amount and fair value less, if possible)
- How much it was sold for? (if applicable)
- Who it was sold to?
- How it was disposed of (open market, auction, etc)

2) A list of building, land and heritage assets acquired by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address
- Postcode
- UPRN (if possible)
- The date it was acquired
- Who was it acquired from?
- How much did it cost?
- Is it now classed as an investment property?

3) How many land, building and heritage assets did the council have as of
a) the beginning of 2014/15
b) the date on which you received this request

I would like to receive this information electronically a spreadsheet, with the points above as the column headers.

If the decision is made to withhold some of this information using exemptions in the Act, please inform me of that fact and cite the exemptions used.

Please note the questions:
Who it was sold to?
Who was it acquired from?

In response to test FOIs some local authorities declined to release this information relating to these questions, arguing it was exempt under Section 40 - Personal information.

The definition of personal data referred to in the FOIA is that used by the Data Protection Act. This states that, for data to constitute personal data, “it must relate to a living individual, and that individual must be identifiable”. As a result, unless the response relates to a person (or a sole trader) it cannot be exempt under Section 40.

If you need clarification please contact me at this email address. Under your section 16 duty to provide advice and assistance I would expect you to contact me if you find this request unmanageable in any way before the 20th working day.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you in the near future.

Thank you for your time,

Gareth

Somerset County Council, Somerset Council

Information request
Our reference: 3910965

══════════════════════════════════════════════════════════════════════════

 
Dear Sir or madam
 
Freedom of Information Act 2000
 
Thank you for your request received on 31 July 2018. Unfortunately, we are
unable to deal with your request because under Section 8 (1) of the FOIA,
requests are not valid unless a full name is provided.
The ICO has provided guidance on what a valid request at
https://ico.org.uk/media/for-organisatio....
Specifically it states "For a request to be valid, the requester must
provide enough of their real name to give anyone reading that request a
reasonable indication of their identity" (p.7 point 21)

If you would like us to proceed with your request, please reply to this
e-mail with your first and last name.
Yours sincerely
 
 
 
Simon Butt
Information Request Officer
Communications
01823359359
 
NOTE: Please do not edit the subject line when replying to this email.

Dear Somerset County Council,

I have not yet received a response to my FOI request, entitled Council Assets, dated 31 July 2018.
By law the council should have responded promptly and by 30 August 2018.
Could you provide an update as soon as possible.

Yours sincerely,

Gareth Davies

Somerset County Council, Somerset Council

Dear Mr Davies
 
Please see below my e-mail to you of 31 July, asking for your full name,
no response was received from you so the case was closed.
now that we have your name we can proceed with the case. We will aim to
reply within the next 20 working days.
 
Yours sincerely
 
Simon Butt
Information request
Our reference: 3910965

══════════════════════════════════════════════════════════════════════════

 
Dear Sir or madam
 
Freedom of Information Act 2000
 
Thank you for your request received on 31 July 2018. Unfortunately, we are
unable to deal with your request because under Section 8 (1) of the FOIA,
requests are not valid unless a full name is provided.
The ICO has provided guidance on what a valid request at
https://ico.org.uk/media/for-organisatio....
Specifically it states "For a request to be valid, the requester must
provide enough of their real name to give anyone reading that request a
reasonable indication of their identity" (p.7 point 21)

If you would like us to proceed with your request, please reply to this
e-mail with your first and last name.
Yours sincerely
 
 
 
Simon Butt
Information Request Officer
Communications
01823359359
 
NOTE: Please do not edit the subject line when replying to this email.

Somerset County Council, Somerset Council

Dear Mr Davies
 
Please see below my e-mail to you of 31 July, asking for your full name,
no response was received from you so the case was closed.
Now that we have your name we can proceed with the case. We will aim to
reply within the next 20 working days.
 
Yours sincerely
 
Simon Butt
Information request
Our reference: 3910965

══════════════════════════════════════════════════════════════════════════

 
Dear Sir or madam
 
Freedom of Information Act 2000
 
Thank you for your request received on 31 July 2018. Unfortunately, we are
unable to deal with your request because under Section 8 (1) of the FOIA,
requests are not valid unless a full name is provided.
The ICO has provided guidance on what a valid request at
https://ico.org.uk/media/for-organisatio....
Specifically it states "For a request to be valid, the requester must
provide enough of their real name to give anyone reading that request a
reasonable indication of their identity" (p.7 point 21)

If you would like us to proceed with your request, please reply to this
e-mail with your first and last name.
Yours sincerely
 
 
 
Simon Butt
Information Request Officer
Communications
01823359359
 
NOTE: Please do not edit the subject line when replying to this email.

Dear Somerset County Council,

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

I am writing to request an internal review of Somerset County Council's handling of my FOI request 'Council assets'.

I am requesting this review because the council has not responded to the FOI and it is now significantly beyond the 20-working day limit the authority is legally obliged to adhere to.

I submitted the request on July 31, 2018, and it is now October 31, 2018. That means I have been waiting for a response for three months. This is a clear breach of the FOIA.

First I was told that I was asked for my full name and did not reply so the case was closed. I never received this email. I was then told that the FOI had been resubmitted on September 3, 2018, but I have still yet to receive a response.

Please provide me with the results of this internal review at the earliest opportunity as I do not believe it is fair to expect me to wait a further 20 working days (or longer).

Yours faithfully,

Gareth Davies

Somerset County Council, Somerset Council

2 Atodiad

Dear Mr Davis
 
My records show that a response was sent to you on 2 October. I attach a
copy for your information.
 
Kind regards
 
Simon Butt

══════════════════════════════════════════════════════════════════════════

Dear Somerset County Council,

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

I am writing to request an internal review of Somerset County Council's
handling of my FOI request 'Council assets'.

I am requesting this review because the council has not responded to the
FOI and it is now significantly beyond the 20-working day limit the
authority is legally obliged to adhere to.

I submitted the request on July 31, 2018, and it is now October 31, 2018.
That means I have been waiting for a response for three months. This is a
clear breach of the FOIA.

First I was told that I was asked for my full name and did not reply so
the case was closed. I never received this email. I was then told that the
FOI had been resubmitted on September 3, 2018, but I have still yet to
receive a response.

Please provide me with the results of this internal review at the earliest
opportunity as I do not believe it is fair to expect me to wait a further
20 working days (or longer).

Yours faithfully,

Gareth Davies

-------------------------------------------------------------------
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dangos adrannau a ddyfynnir

Dear Somerset County Council,

Not sure what happened but I didn't receive the response.

Thanks for sending it through again.

Yours sincerely,

Gareth Davies

Dear Somerset County Council,

Apologies, on second review - this is not the information i requested.

This is information relating to capital receipts - a different FOI.

I am referring to the council assets FOI I sent on July 31.

Can this be sent to me or an internal review undertaken as previously requested.

Yours sincerely,

Gareth Davies

Dear Somerset County Council,

I am again contacting you in relation to my FOI request (your reference 3910965).

This request was submitted on July 31, 2018. I have now been waiting more than five months for you to provide the information I requested or an explanation as to why it has been withheld.

When I eventually did receive a reply, it was about the wrong FOI.

Could you please tell me when I will receive a response to the questions I've asked?

Yours sincerely,

Gareth Davies

Somerset County Council, Somerset Council

3 Atodiad

Dear Mr Davis
 
We responded to your request on 2 October. I attach a copy for your
information.
 
kind regards
 
Simon Butt

══════════════════════════════════════════════════════════════════════════

Dear Somerset County Council,

I am again contacting you in relation to my FOI request (your reference
3910965).

This request was submitted on July 31, 2018. I have now been waiting more
than five months for you to provide the information I requested or an
explanation as to why it has been withheld.

When I eventually did receive a reply, it was about the wrong FOI.

Could you please tell me when I will receive a response to the questions
I've asked?

Yours sincerely,

Gareth Davies

dangos adrannau a ddyfynnir

Dear Somerset County Council,

As I've said numerous times - that is not the correct FOI.

The FOI I am asking a response for is the following:

To the information officer,

I am emailing to request the following information from the council under the Freedom of Information Act 2000:

Note: This request does not relate to social housing stock

1) A list of building, land and heritage assets disposed of (i.e. the council no longer owned the asset) by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address (if applicable)
- Postcode (if applicable)
- UPRN (if possible)
- The date it was disposed of
- The type of disposal (for example sale, community asset transfer, etc)
- The valuation of the asset at the point it was classified as an asset held for sale (both lower amount and fair value less, if possible)
- How much it was sold for? (if applicable)
- Who it was sold to?
- How it was disposed of (open market, auction, etc)

2) A list of building, land and heritage assets acquired by the council between 2014/2015 and the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address
- Postcode
- UPRN (if possible)
- The date it was acquired
- Who was it acquired from?
- How much did it cost?
- Is it now classed as an investment property?

3) How many land, building and heritage assets did the council have as of
a) the beginning of 2014/15
b) the date on which you received this request

I would like to receive this information electronically a spreadsheet, with the points above as the column headers.

If the decision is made to withhold some of this information using exemptions in the Act, please inform me of that fact and cite the exemptions used.

Please note the questions:
Who it was sold to?
Who was it acquired from?

In response to test FOIs some local authorities declined to release this information relating to these questions, arguing it was exempt under Section 40 - Personal information.

The definition of personal data referred to in the FOIA is that used by the Data Protection Act. This states that, for data to constitute personal data, “it must relate to a living individual, and that individual must be identifiable”. As a result, unless the response relates to a person (or a sole trader) it cannot be exempt under Section 40.

If you need clarification please contact me at this email address. Under your section 16 duty to provide advice and assistance I would expect you to contact me if you find this request unmanageable in any way before the 20th working day.

I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you in the near future.

Thank you for your time,

Gareth
---

You are instead sending me answers to a separate FOI about capital receipts.

Yours sincerely,

Gareth Davies

Somerset County Council, Somerset Council

Dear Mr Davis
 
The problem here is that "what do they know" allocates a unique reference
number to each request, so we have searched by that number, which brings
up the case that we believed that you were asking about.
 
Having said that, I can find no record of receiving the other request. I
can certainly find the information for you, but I'm going to need it as a
different request, as we can't use the existing "what do they know"
reference as explained above. Can you resend it through "what do they
know" with different reference, or give me any other e-mail address to
respond to?
I will then do my best to get you the information as quickly as possible.
 
kind regards
 
Simon Butt

══════════════════════════════════════════════════════════════════════════

Dear Somerset County Council,

As I've said numerous times - that is not the correct FOI.

The FOI I am asking a response for is the following:

To the information officer,

I am emailing to request the following information from the council under
the Freedom of Information Act 2000:

Note: This request does not relate to social housing stock

1) A list of building, land and heritage assets disposed of (i.e. the
council no longer owned the asset) by the council between 2014/2015 and
the date on which you received this request, including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address (if applicable)
- Postcode (if applicable)
- UPRN (if possible)
- The date it was disposed of
- The type of disposal (for example sale, community asset transfer, etc)
- The valuation of the asset at the point it was classified as an asset
held for sale (both lower amount and fair value less, if possible)
- How much it was sold for? (if applicable)
- Who it was sold to?
- How it was disposed of (open market, auction, etc)

2) A list of building, land and heritage assets acquired by the council
between 2014/2015 and the date on which you received this request,
including:

- Name of the asset
- What type of asset is it - building, land or heritage?
- Address
- Postcode
- UPRN (if possible)
- The date it was acquired
- Who was it acquired from?
- How much did it cost?
- Is it now classed as an investment property?

3) How many land, building and heritage assets did the council have as of
a) the beginning of 2014/15
b) the date on which you received this request

I would like to receive this information electronically a spreadsheet,
with the points above as the column headers.

If the decision is made to withhold some of this information using
exemptions in the Act, please inform me of that fact and cite the
exemptions used.

Please note the questions:
Who it was sold to?
Who was it acquired from?

In response to test FOIs some local authorities declined to release this
information relating to these questions, arguing it was exempt under
Section 40 - Personal information.

The definition of personal data referred to in the FOIA is that used by
the Data Protection Act. This states that, for data to constitute personal
data, 'it must relate to a living individual, and that individual must be
identifiable'. As a result, unless the response relates to a person (or a
sole trader) it cannot be exempt under Section 40.

If you need clarification please contact me at this email address. Under
your section 16 duty to provide advice and assistance I would expect you
to contact me if you find this request unmanageable in any way before the
20th working day.

I would be grateful if you could confirm in writing that you have received
this request, and I look forward to hearing from you in the near future.

Thank you for your time,

Gareth
---

You are instead sending me answers to a separate FOI about capital
receipts.

Yours sincerely,

Gareth Davies

dangos adrannau a ddyfynnir