Do you allow the public to record their calls with you ?

The request was partially successful.

John Jones Researcher

Dear Surrey County Council,

1) Are Service Users clients customers the general public allowed to audio-visually record meeting and calls with your staff? If so, do they require permission or are they permitted to do so covertly? For eg with staff social workers police etc.

2) Do you have any guidance or policy for the public or service users to record calls when they speak to your staff

3) What is your organisations protocol understanding on using the Dransfield vexastious ruling and how many times has it been used have any one said the ruling or your reply was not fair how many people got a appeal overturned in their favour when dransfield was used incorrectly. .

4) Do you Inform Users they can record. If the answer is no what is the reason for this please if so do send me a copy.

5) Are service users made aware of their right to record the encounter, if they choose to do so? Is this reflected in you policy document on the matter?

6) Does your organisation have an “Unacceptable Behaviour” policy? If so, please can you provide me with a copy? Regarding court staff the public or the court itself.

7) If such a policy contains points of objectionable behaviour such as telephones calls being recorded by the caller due to them being not necessary or unwanted or needed, and furthermore the staff members may feel threatened or apprehensive, are you aware that denying users the right to record calls goes against the current UK laws.

8) Are your policies and procedures compliant with the public right to audio-visually record encounters with your staff, without their consent? If not, will you provide appropriate training for your staff so they are fully informed of the Public right to record? If so what law guides you a link or copy please.

9) What is our organisations current charging policy for Freedom of Information requests (FOI) or Subject Access Requests (SAR)? If charges are applied are concessions available for those on low income or students?

10) What is your organisations complaints policy? Please can you forward me a copy? Does your complaints procedure permit service users evidence such as covert call recordings to form part of the investigation?

http://www.freedomtalkradio.co.uk/uk-sur...

Yours faithfully,

John Jones Researcher

FOI/COR/SCC, Surrey County Council

Dear Mr Jones

YOUR REQUEST REF NO. FOI000253 UNDER THE FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information received on the 20 October 2018. Your request reference is as above.

We will respond to your request promptly and in any event within 20 working days from the date of receipt of your request. If you wish to contact me to discuss the progress of your request, please use the contact details given below and quote the reference number given above.  

Regards

Helen Gilbert
Commons Registration Officer
Legal, Democratic & Cultural Services
(Mon - Thurs 9am to 3pm)

Corporate Information Governance Team (Room 138) |  Democratic Services  | Surrey County Council | County Hall | Penrhyn Road | Kingston upon Thames | Surrey | KT1 2DN
Tel: 020 8541 8935 | Email: [email address] | GCSx email for [OFFICIAL-SENSITIVE]: [email address]

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FOI/COR/SCC, Surrey County Council

3 Attachments

Dear Mr Jones

 

YOUR REQUEST REF NO. FOI000253 UNDER THE FREEDOM OF INFORMATION ACT 2000

 

We have considered your request which was for the following information

 

1)          Are Service Users clients customers the general public allowed
to audio-visually record meeting and calls with your staff? If so, do they
require permission or are they permitted to do so covertly?  For eg with
staff social workers police etc.

 

There is no overarching policy for the authority as a whole.  Each request
is dealt with on a case by case basis.

 

2)          Do you have any guidance or policy for the public or service
users to record calls when they speak to your staff

 

See above

 

3)          What is your organisations protocol understanding on using the
Dransfield vexastious ruling and how many times has it been used have any
one said the ruling or your reply was not fair how many people got a
appeal overturned in their favour when dransfield was used incorrectly. .

 

We are unclear what you mean by ‘protocol understanding’.  The Dransfield
case related to Section 14(1) of the Freedom of Information Act 2000 and
requests made under that Act.  It does not appear to have any relevance to
the main subject matter of your request.  We follow the Information
Commissioner’s guidance when requests are refused on this basis.  You
should refer to the Decision Notices published on the Information
Commissioner’s website.

 

4)          Do you Inform Users they can record. If the answer is no what
is the reason for this please if so do send me a copy.

 

See above

 

5)          Are service users made aware of their right to record the
encounter, if they choose to do so? Is this reflected in you policy
document on the matter?

 

See above

 

6)          Does your organisation have an “Unacceptable Behaviour”
policy? If so, please can you provide me with a copy? Regarding court
staff the public or the court itself.

 

Please see attached

 

7)          If such a policy contains points of objectionable behaviour
such as telephones calls being recorded by the caller due to them being
not necessary or unwanted or needed, and furthermore the staff members may
feel threatened or apprehensive, are you aware that denying users the
right to record calls goes against the current UK laws.

 

This is not a request for recorded information

 

8)          Are your policies and procedures compliant with the public
right to audio-visually record encounters with your staff, without their
consent? If not, will you provide appropriate training for your staff so
they are fully informed of the Public right to record? If so what law
guides you a link or copy please.

 

This is not a request for recorded information but rather a request for
opinion or comment which is outside the remit of the Act.

 

9)          What is our organisations current charging policy for Freedom
of Information requests (FOI) or Subject Access Requests (SAR)? If charges
are applied are concessions available for those on low income or students?

 

Any charges are in line with the legislation which does not permit charges
other than for disbursements for FOI requests unless they exceed 18 hours
work.  There is no charge under the legislation for SARs.

 

10)        What is your organisations complaints policy? Please can you
forward me a copy? Does your complaints procedure permit service users
evidence such as covert call recordings to form part of the investigation?

 

Please see attached.

 

In line our responsibility under the  Social Services and NHS Complaints
Regulations we will investigate complaints raised by all individuals with
a right to do so. Evidence provided by complainants may be accepted and
reviewed as part of this investigation, however legal advice would be
taken on a case by case basis to establish whether the Adult Social Care
Service may lawfully access, review and hold covert recordings for this
purpose.

 

We supply this information based on your original request. Please do not
hesitate to contact me at the above address if you have any queries
regarding the information supplied.  Remember to quote the reference
number above in any future communications.

 

If you are unhappy with the handling of your request for information and
wish to make a complaint or request a review of our decision, in the first
instance you should contact the County Council, quoting your request
number given above, at:

 

Freedom of Information Officer

Surrey County Council

Legal & Democratic Services

County Hall

Penrhyn Road

Kingston upon Thames

Surrey

KT1 2DN

[Surrey County Council request email]

 

If you are not satisfied by the County Council’s response to your
complaint, you have the right to apply to the Information Commissioner for
a decision.  The Information Commissioner will normally expect you to have
exhausted our complaints procedure.  The Information Commissioner can be

contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9
5AF                                                                                               

 

Yours sincerely

 

 

 

 

Mrs Mary J Elliott

Freedom of Information Officer

Legal & Democratic Services

(Mondays to Thursdays)

 

Corporate Information Governance Team (Room 138) |  Democratic Services |
Surrey County Council | County Hall | Penrhyn Road | Kingston upon Thames
| Surrey | KT1 2DN

Tel: 020 8541 7969 | Email: [1][Surrey County Council request email]

 

 

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References

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