Employment of Michael Tombs, Senior Playworker

The authority would like to / has responded by postal mail to this request.

Dear Sir or Madam,

Mr Tombs has been convicted of making indecent images of children in a Doncaster Court. He was employed by your authority at one time as a Senior Playworker, reportedly over a number of years. Can you please confirm:

1. His dates of employment with your Authority, and the post(s) occupied
2. Was he subjected to a CRB Enhanced Disclosure and when was this received by SBC?
3. Was his leaving employment in any way connected with professional conduct and/or child protection concerns?
4. Were any such concerns raised with the Authority internally or externally during any part of his employment?
5. Over what period of time is an Enhanced Disclosure retained by the Authority after appointment?
6. Can you please supply the CRB Certificate number and date of issue for his Disclosure Certificate?

Yours faithfully,

Jan Cosgrove

Dear Sir or Madam,

I have had no reply or acknowledgement from you within the period allowed under FoI. This is in breach of the law and I ask again for the required information. The text of my letter of 28th June is appended. I ask for an internal review as to why this request has not been answered.

Yours faithfully,

Jan Cosgrove

COPY of 28th June 2009 letter to Stevenage BC FoI
Dear Sir or Madam,

Mr Tombs has been convicted of making indecent images of children in a Doncaster Court. He was employed by your authority at one time as a Senior Playworker, reportedly over a number of years. Can you please confirm:

1. His dates of employment with your Authority, and the post(s) occupied 2. Was he subjected to a CRB Enhanced Disclosure and when was this received by SBC? 3. Was his leaving employment in any way connected with professional conduct and/or child protection concerns? 4. Were any such concerns raised with the Authority internally or externally during any part of his employment? 5. Over what period of time is an Enhanced Disclosure retained by the Authority after appointment? 6. Can you please supply the CRB Certificate number and date of issue for his Disclosure
Certificate?

Yours faithfully,

Jan Cosgrove

FOI, Stevenage Borough Council

Dear M/s Cosgrove,

In reply to your e-mail received this morning, the reason why you have not had a response from Stevenage Borough Council is that unfortunately we did not receive your original request.

Therefore, we will take today's e-mail as your start date and begin the process today.

Our acknowledgement e-mail is below;

Thank you for your recent request for information, which is now being handled in accordance with the Freedom of Information Act 2000.

The Council will provide you with the information requested by 26th August 2009, unless there is a legitimate reason preventing its release.

If the Council is unable to provide the information, you will be informed in writing of the reasons.

Yours faithfully,
David Traylor
Legal Services
Stevenage Borough Council
E mail: [Stevenage Borough Council request email]

dangos adrannau a ddyfynnir

Dear FOI,

Thank you

Yours sincerely,

Jan Cosgrove

Graeme.Buck, Stevenage Borough Council

Dear Mr Cosgrove,

Re: Freedom of Information Request concerning Mr M. Tombs

Having considered the requested information (see below), the vast majority
is personal information which is protected under the Data Protection Act.

We have, however had authority from the individual to release the
following in response to your points:

1. Employed at Stevenage Borough Council as a Senior Playworker 5 May
1998 to 20 July 2002

2. When Mr Tombs joined the Authority, appointments into this post
were made subject to Formal Police Checks. A CRB Enhanced Check was due to
be sort in 2002 but Mr Tombs left before this was due to be undertaken.

3. Personal information protected under the Data Protection Act and
no authority to release

4. as 3 above

5. The Authority retains CRB Enhanced Disclosure Forms for 6 months

6. The number and date of the enhanced disclosure is retained and
then destroyed upon the post holder leaving the Authorities Employ.

Please take this e-mail as our formal Refusal Notice under Section 40 of
the FOI Act (Personal Information of a third party) in relation to
questions 3 and 4 – the requested information is personal data
belonging to a third party.

Should you wish to appeal against our decision to apply the exemption
above, please e-mail the Borough Solicitor via [1][Stevenage Borough Council request email]
where upon it will be reviewed by another Officer not involved in the
original decision. After our internal appeal decision, you are entitled to
then appeal to the Information Commissioner as detailed below.

Further information about Freedom of Information, Data Protection and
exemptions under these Acts can be found via [2]www.ico.gov.uk or writing
to Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire SK9 5AF.

Graeme Buck

Children's Services Manager

Stevenage Borough Council

Daneshill House

Danestrete

Stevenage, Herts

SG1 1HN

Tel:   01438 242247

[mobile number]

Fax:  01438 242827

[3][email address]

………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Dear M/s Cosgrove,

In reply to your e-mail received this morning, the reason why you have not
had a response from Stevenage Borough Council is that unfortunately we did
not receive your original request.

Therefore, we will take today's e-mail as your start date and begin the
process today.

Our acknowledgement e-mail is below;

Thank you for your recent request for information, which is now being
handled in accordance with the Freedom of Information Act 2000.

The Council will provide you with the information requested by 26th August
2009, unless there is a legitimate reason preventing its release.

If the Council is unable to provide the information, you will be informed
in writing of the reasons.

Yours faithfully,

David Traylor

Legal Services

Stevenage Borough Council

E mail: [Stevenage Borough Council request email]

dangos adrannau a ddyfynnir

Dear Graeme,

Thank you for your helpful reply. May I also ask, under FoI, whether Mr Tombs was in fact subject to the Formal Police Checks and whether such Checks carried additional non-conviction information?

I would ask for an internal review of the decision not to disclose information under points 3 and 4 of my original questions.

I do so on the basis that there is an exemption based on the following guidance from ICO:

a. the public interest presumption not to disclose is outweighed by a public interest argument to disclose, that it is a legitimate public interest to know if there has been misconduct, wrongdoing or risk to the public, and it would also promote freedom of expression under Article 10 of the European Convention;

b. any reports relating to the employment of Mr Tombs which would serve to inform the public debate about child protection, the place of pre-employment checks and their efficacy, will be in that public interest and this outweighs any presumption of public interest to preserve confidentiality.

Mr Tombs has been convicted of a relevant offence involving risk to the public during the period of his employment.

I look forward to your reply.

Yours sincerely,

Jan Cosgrove

David.Traylor, Stevenage Borough Council

Dear Sir,

Further to your e- mail below, I would be grateful if you could provide
your postal address so we can send you a written response.

Thank you

David Traylor

Legal services

Stevenage Borough Council

dangos adrannau a ddyfynnir

Dear David.Traylor,

32 Longford Road, Bognor Regis PO21 1AG

Yours sincerely,

Jan Cosgrove