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

FOI of any correspondence within Salhouse Parish Council and to and from Broadland District Council

Kerry Radley made this Rhyddid Gwybodaeth request to Salhouse Parish Council

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

We're waiting for Kerry Radley to read a recent response and update the status.

Dear Salhouse Parish Council,

I am requesting a complete FOI of any correspondence within Salhouse Parish Council (all councillors including [name removed]) both to and from Broadland District Council and all Councillors including Norfolk and South Norfolk Councils involving Kerry Radley’s CPN and ACV or Radley’s at 82b Lowers Street, Salhouse NR13 6HD
I have requested SAR’s and information has been withheld. I am making a full FOI and this must not be redacted in anyway unless there is legal privileges from a solicitor.
Please also include the names and firms of all solicitors who were involved in discussing and advising on the case for Salhouse Parish Council versus Kerry Radley.
The ICO has instructed me to complete this FOI and request the missing data still being withheld, please have the complete FOI completed within the next 20 days.

Yours faithfully,

Kerry Radley

Salhouse Parish Council

Dear Ms Radley,

 

Thank you for your request.

 

However, please can you be more specific on the information you are
requesting within this FOI request to assist me with this enquiry.

 

Subject Access Requests, which are regarding you own personal data, should
be raised privately with the Parish Council and not within a public
domain.

  

Please can you clarify and provide me with further specific details on the
case you refer to assist me with this enquiry.

 

Kind Regards,

 

Sarah

 

Sarah Martin

Parish Clerk & Responsible Financial Officer

Salhouse Parish Council

Website: [1]www.salhousepc.info

 

General Data Protection Regulation: The Council’s Privacy Statement and
Commitment can be viewed at [2]www.salhousepc.info/documents 

 

Email disclaimer: The information contained in the email is intended only
for the person or organisation to which it is addressed. If you have
received it by mistake, please disregard and notify the sender
immediately. Unauthorised disclosure or use of such information may be a
breach of legislation or confidentiality and may be legally privileged.

 

References

Visible links
1. http://www.salhousepc.info/
2. http://www.salhousepc.info/documents

Dear Salhouse Parish Council,

Dear Sarah

I have searched SPC minutes and cannot find any request for leave for the clerk over the Christmas period. On the 22.12.20 I sent in an FOI to Salhouse Parish Council. Taking into account 2 bank holiday it has still taken the council 18 working days to ask me to clarify my FOI. This leaves the parish council with 2 working days to administer my FOI request. I do not believe it is acceptable for any clerk for any parish clerk to take 18 working days to clarify a request where they are struggling to understand the nature of the request.

However, there is no struggle - my FOI is clear - especially when

1. The clerk is fully aware of the SAR requests I have submitted to SPC.
2. The clerk is fully aware that I have been unhappy with the omissions from and redaction's of my SAR.
3. The clerk is fully aware that I have contacted the ICO and they have instructed to me to undertake an FOI for the missing data that is still being withheld.

Your response that you want me to be more specific is disingenuous at best.

The FOI Request clearly states as follows : -
"The request is correspondence within SPC of all councillors both to Broadland District Council and all Councillors including Norfolk and South Norfolk Councils involving Kerry Radley's CPN and ACV or Radley's at 82b Lower Street."

These matters are over a time period that the parish council is well aware of as it set the CPN and ACV processes in motion with other councils. To feign that the parish is unclear of the nature and the time periods involved cannot be incompetence but a clear strategy to delay my FOI request.

Your request for clarification of FOI details is a clear indication that you view my request is an FOI request. I can only summarise that the next claim that, a subject access request, which are regarding your own personal data, should be raised privately and not within public domain, is an attempt to subvert my request for transparency in relation to parish business requested under my FOI. I have nothing to hide and if the parish council has acted ethically and within the law, then the parish council should be only too willing to release information into the public domain.

To be clear the Salhouse Parish Council minutes clearly show that the ACV process involving 82b Lower Street began in January 2017. The ACV was listed on March 2017 and the bid for 82b Lower Street was withdrawn in September 2017. As you are the clerk who writes the minutes I would expect you to know this.

To be clear, the parish council will have had questions and discussions when the CPN process was set in motion in March 2017. Councillors will have corresponded between themselves and with district and county councils about two business owners disrupting the harmony of the village which eventually led to a leading business owner being served a CPN. It is not accepted that the parish council has no correspondence on the business and legal process they co-operated with engaged in to assist Broadland District Council.

Further, to be clear this FOI is not about my personal information, this FOI about parish business that relates to an ACV of a village asset and the questions councillors raised around a serious disruption two businesses because of alleged anti social behaviours [CPN] and planning enforcements in Salhouse.

Please note it is not my intent to get into voluminous correspondence with SPC but the lack of co-operation and willingness to work with me on both SAR and FOI information is creating more work for the parish than there needs to be. Therefore, I urge you as the clerk of the parish to take my requests seriously in the first instance and then processes them fairly and transparently. This will reduce the need for clarification emails and follow up requests.

Yours sincerely
Kerry Radley

Salhouse Parish Council

Dear Ms Radley,

 

Thank you for your response.

 

Please be assured that the request for clarification was not in any way a
strategy in delaying a response to you.

 

An Internal Review, as you have requested, will be carried out and we will
aim to get the result to you by the end of February.

 

Kind Regards,

 

Sarah

 

Sarah Martin

Parish Clerk & Responsible Financial Officer

Salhouse Parish Council

Website: [1]www.salhousepc.info

 

General Data Protection Regulation: The Council’s Privacy Statement and
Commitment can be viewed at [2]www.salhousepc.info/documents 

 

Email disclaimer: The information contained in the email is intended only
for the person or organisation to which it is addressed. If you have
received it by mistake, please disregard and notify the sender
immediately. Unauthorised disclosure or use of such information may be a
breach of legislation or confidentiality and may be legally privileged.

 

References

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1. http://www.salhousepc.info/
2. http://www.salhousepc.info/documents

Dear Salhouse Parish Council,

Dear Sara

Thank you for your response. It is stated in SPC’s 22.1.21 reply that the council aims to get a response to me by the end of February 2021. Firstly, we live in uncertain times and I hope all is well with you and that the delay is not due to any of the many issues affecting us all during this terrible pandemic. Secondly, whilst my recent requests for information may appear voluminous, they have necessary arisen due to the incompleteness of the SAR information provided by Salhouse.
I am sure you are aware that the statutory deadlines for public authorities to respond to FOI requests. These are set out in section 10(1) of the Act where it is made clear that authorities must respond to requests for information promptly and within 20 working days following the date of receipt of the request.
The date given for response for my FOI is not fully determined. If it is presumed that the date for a response will be on the 28.2.21, then this is 46 working days at the very earliest. The the lack of a determination date which results in a potential wait of 46 day or more is unacceptable. Nevertheless, as stated we live in uncertain times and some lea way would be given by the Commissioner if extenuating circumstances exist. Indeed, I am myself sympathetic if the delay is due to personal matters affecting your capacity to respond. However, if the delay is not for extenuating circumstances then the indeterminate date for resolution is not only acceptable to me but it places the council in the position of failing to adhere to the laws set out in the Freedom of Information Act 2000.
I would be grateful for an explanation if the council could provide an explanation of the circumstances around the delay.
Please note that this is an FOI request not an SAR. If SPC believes my personal data is within this FOI is a breach of my data rights and the are unwilling to uploading it to WDTK.com, please accept this email as permission to share my data online. I have nothing to hide and neither should Salhouse.
Thank you
Kerry Radley.

Salhouse Parish Council

Dear Ms Radley,

 

In response to your request for Salhouse PC to conduct an Internal Review
we will revisit all of the correspondence that you have sent us, directly
and indirectly, and review it to determine:

o That any and all FOIA requests identified are valid
o Whether any clarifications are needed to determine the request to
enable us to fulfil our obligations
o Whether the information being requested is actually held by us
o Estimate whether the cost of retrieving and disclosing any information
exceeds the threshold above which we are not required to proceed,
in which case we will inform you to give you options

Assuming we believe there is information to disclose we will:

o Undertake the search which will also include requests to councillors
to search their personal electronic devices and for copies of
any correspondence that they may have in relation to the request 
o Review it and decide whether to disclose it or to seek an exemption in
line with the FOIA 2000

If we find that we have not disclosed information that we should have
released, or have wrongly applied an exemption and should have released
that information, then we will disclose the information as soon as
possible but no later than 28th February. Whilst we appreciate this date
may be beyond 20 working days from the time of your request for an
internal review, we ask for your understanding in these difficult times.
If we feel we cannot meet this target date then we will let you know.

 

Please note that, under the FOIA, an authority is only required to provide
actual documentation it holds, it is not required to provide explanations
as to why it may or may not have the information being requested, unless
there is a transcript of the explanation or equivalent physical evidence.
If we declare that we do not hold the information you are requesting it is
because we do not hold it. Our response is devoid of any external
influences and we will be acting in accordance with the law.

 

If, after receiving the outcome of our internal review, you are still not
satisfied then I am obliged to remind you that you have the right to
address your concerns or make a complaint to the Information
Commissioner’s Office (ICO) who will assign a case officer. That event, we
will be more than happy to cooperate fully with the case officer and take
whatever steps are needed to resolve any outstanding issues as required. 

 

Kind Regards,

 

Sarah

 

Sarah Martin

Parish Clerk & Responsible Financial Officer

Salhouse Parish Council

Website: [1]www.salhousepc.info

 

General Data Protection Regulation: The Council’s Privacy Statement and
Commitment can be viewed at [2]www.salhousepc.info/documents 

 

Email disclaimer: The information contained in the email is intended only
for the person or organisation to which it is addressed. If you have
received it by mistake, please disregard and notify the sender
immediately. Unauthorised disclosure or use of such information may be a
breach of legislation or confidentiality and may be legally privileged.

 

References

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1. http://www.salhousepc.info/
2. http://www.salhousepc.info/documents

Dear Salhouse Parish Council,

Dear Sarah

Thank you for your email. I am afraid that you cannot send my undetermined FOI request of 22.12.20 straight to Internal Review. This is an abuse of the FOI process and contrary to the Act.

My recent correspondence to SPC is one of "complaint" and in order to resolve my complaint I have asked that the council undertake

1. An internal review of the ultra vires actions in 2017
2. An internal review of the data release of my SAR [Feb/Oct 2020] and first FOI [1.12.20] by an independent person in an independent review including the potential withholding of documents.

This request to resolve my complaint has been asked because the person who has processed my SAR's [Feb & Oct 2020] and my already determined FOI request [1.12.20] for the council - in my opinion - holds a significant conflict of interest because of their admitted involvement in the events of 2017.

Please note whatever the parish council decided at the 20.1.21 Extra Ordinary meeting (held behind closed doors) in respect to my complaints any resolutions where the council is to undertake an internal review of its actions of its self or staff is wholly separate and different to Internal Review of an FOI. Any internal review processes resolved by SPC cannot knowingly and deliberately be used to stop or usurp the FOI process this is procedural impropriety and illegal.

Please also note it is very important that public authorities like SPC distinguish between a request for an internal review which seeks to challenge either the outcome or the process or the handling of the initial FOI response and a general complaint which should be handled as general correspondence.

Thank you
Kerry Radley

Dear Salhouse Parish Council,

Yours faithfully,

Kerry Radley

2 Atodiad

Dear Kerry Radley,
Please find attached the cover letter for SPC's response to your FOI
requests. This is supported by 5 disclosures which will be sent using
WeTransfer to the same address. If the transfer does not work via the
WhatDoTheyKnow, please let me know and perhaps you could suggest an
alternative email address.
Other than the above, if after receipt of this document there are still
some outstanding issues, please address these directly to SPC rather than
myself. If you do contact me with follow-on queries relating to this
response, all I will do is to forward any such communication to SPC and
await their instructions.
Regards
Phil Brown
CJ International Services Ltd
[1][email address]
+44 (0)7830 245266

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Dear Salhouse Parish Council,

Kerry has received a transfer of data from CJ International Services Ltd. We wish to inform the council that the processing of Kerry's FOI has incorporated inaccurate presumptions of intent that are incorrect. Moreover, there are emails between Kerry and Salhouse Parish Council that are missing from CJ Services analysis of her FOI[s]. We will be taking up the processing of Kerry's FOI[s] as a complaint with the ICO, however for the purposes of providing the ICO an accurate complaint, please provide us with the following information: -

1. A copy of the minute record with the resolution where the council has agreed and resolved to employ a data consultant specialist.
2. Whether the consultant was provided with full and unfettered access to all emails sent/received by the council in respect to our complaint of 2.1.21?
3. Whether the consultant was prevented from contacting Kerry to clarify that the presumptions they were making on her behalf in their analysis were correct?

If it is the case that the consultant has been working with their hands tied, Kerry's complaint to the ICO will reflect the consultant's limited access/brief.

We would be grateful for a response to these questions before close of business Friday 5 March 2021. If the council is not willing to provide us with a response to these questions please let us know by close of business Friday 5 March 2021. Please note, no reponse at all by 5 March 2021 will be confirmation that the council is not willing to respond to my emails.

Yours sincerely
Kerry Radley and Ray Stowers

Salhouse Parish Council

Dear Ms Radley and Mr Stowers,

 

In response to your email dated 2nd March 2021, please note that the FOI
Act only covers information held at the time of the request however, to be
helpful, your questions have been answered below:

 

1.            A copy of the minute record with the resolution where the
council has agreed and resolved to employ a data consultant specialist.

 

Minutes form Salhouse Parish Council meetings are available on the Parish
Council website - [1]http://www.salhousepc.info   

The resolutions you refer to were taken at the meeting held on 20th
January 2021 and are to be confirmed at the PC meeting to be held on 8th
March 2021.

 

2.            Whether the consultant was provided with full and unfettered
access to all emails sent/received by the council in respect to our
complaint of 2.1.21?

 

All correspondence relating to your FOI requests has been shared with the
consultant. His role was purely to assess the FOI request aspects to
determine whether the information available would be disclosed and advised
accordingly. It is not his role to judge the actions of the PC therefore
any complaint you have about the PC, if it is directed to the PC, it is
for the PC to resolve separately.

  

3.            Whether the consultant was prevented from contacting Kerry
to clarify that the presumptions they were making on her behalf in their
analysis were correct?

 

The consultant was not prevented from contacting Ms Radley and at no time
did the PC instruct the consultant not to contact anyone. As stated above,
his role was purely to assess the FOI request aspects to determine
whether the information available would be disclosed and advised
accordingly.

 

As stated previously, Salhouse Parish Council is more than happy to
cooperate fully with the ICO should you wish to complain to them and take
whatever steps are needed to resolve any matters as directed by the ICO. 

 

 

Kind Regards,

 

Sarah

 

Sarah Martin

Parish Clerk & Responsible Financial Officer

Salhouse Parish Council

Website: [2]www.salhousepc.info

 

General Data Protection Regulation: The Council’s Privacy Statement and
Commitment can be viewed at [3]www.salhousepc.info/documents 

 

Email disclaimer: The information contained in the email is intended only
for the person or organisation to which it is addressed. If you have
received it by mistake, please disregard and notify the sender
immediately. Unauthorised disclosure or use of such information may be a
breach of legislation or confidentiality and may be legally privileged.

 

References

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2. http://www.salhousepc.info/
3. http://www.salhousepc.info/documents

Dear Salhouse Parish Council,

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

I am writing to request an internal review of Salhouse Parish Council's handling of my FOI request 'FOI of any correspondence within Salhouse Parish Council and to and from Broadland District Council'.

Please expect this as an internal review as requested my the ICO.

Kind regards Kerry Radley

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/f...

Yours faithfully,

Kerry Radley

Phil Brown,

2 Atodiad

Dear Kerry Radley,
Please find attached SPC’s response to your request for an Internal Review
relating to your FOI request.
Regards
Phil Brown
DPO
Salhouse Parish Council
CJ International Services Ltd
[1][email address]
+44 (0)7830 245266

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Phil Brown,

Dear Kerry Radley,
Further to my message (below) sent on 14 April 2021, in which I undertook
to update you by 30 April 2021 - here is my update: 
I can inform you that more (different) material has been received for my
consideration and I am in the process of reviewing it prior to its
disclosure to you (if appropriate), by no later than 10 May 2021.
Regards
Phil Brown
DPO
Salhouse Parish Council
CJ International Services Ltd
[1][email address]
+44 (0)7830 245266

On 14 Apr 2021, at 14:53, Phil Brown <[2][email address]>
wrote:
Dear Kerry Radley,
Please find attached SPC’s response to your request for an Internal
Review relating to your FOI request.
Regards
Phil Brown
DPO
Salhouse Parish Council
CJ International Services Ltd
[3][email address]
+44 (0)7830 245266
<2021-04-14 SPC FOI Response to KR.pdf>

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Dear Phil Brown,

Email sent to you on 28.4.21
In response to your email and letter attached.

It is unclear to us how SPC can declare at the 26.4.21 Parish Council meeting that it is in a position to complete its complaint process and investigation.

We have already advised SPC on Jan 2021 that
1. we required an independent investigation into the ultra vires nomination of 82b Lower Street by way of complaint
And
2.an internal review of my FOI and SAR of 2020.
Please note these are two completely separate processes. It would appear from your 28.2.12 decision notice that you have not only conflated the FOI with the SAR. We are confused by this and so are the ICO. They are distinct and separate information requests. Therefore we do not recognise the internal review you have undertaken.

Furthermore you mention that you will now ask the Chair and Councillors to check their personal devices for data. I find this deeply worrying, our FOI’s and SAR requests go back to last year, and surely the Clerk should have made this request in order to complete her task before now?

Concerning the conveniently missing, hidden, destroyed, lost and redacted data in relation to the CPN and ACV. To make this very clear we have a number of documents between BDC and SPC, including emails and correspondence that have not been provided by SPC. This tells me that Councillors disposed of these documents inappropriately and contrary to common practice. We have to make the assumption as to why the documents were not previously made available or now missing?

Furthermore the ICO has informed us that SPC have absolutely no reason to redact Councillors names or any conversation relating to Kerry Radley and 82 B Lower Street. The ICO also questioned why SPC are using your services when as an independent body the ICO would have given advice to SPC for free; this is a waste of public money.

Phil Brown,

Dear Kerry Radley,
Thank you for your response which is duly noted.
It is inappropriate for me to comment about the specific points you have
raised other than to say that if the ICO wishes to query any of the
actions taken by SPC, or indeed myself on behalf of SPC, then we are ready
to cooperate fully with the ICO on the matters as they relate to data
protection and the associated legislation. 
I will forward your response and this message to SPC now for their
information and, as indicated below, provide further updates regarding
your internal review, if appropriate, next week.
Regards

Phil Brown

DPO

Salhouse Parish Council

CJ International Services Ltd
+44 (0)7830 245266

dangos adrannau a ddyfynnir

What do they know
Just so you are aware I have requested an internal review weeks ago and reported these people to the ICO and now have a case officer.
Kind regards
Kerry Radley

Phil Brown,

2 Atodiad

Dear Kerry Radley,
Please find attached SPC’s updated response to your request for an
Internal Review relating to your FOI request. The associated disclosures/
files will be sent by We Transfer. For clarification, there will be 9 pdf
where each pdf will be a copy of an email or a string of emails.
Regards
Phil Brown
DPO
Salhouse Parish Council
CJ International Services Ltd
[1][email address]
+44 (0)7830 245266

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Dear Mr Brown

Thank you for your email. Unfortunately, we do not believe that your review has returned all data. We know this because we have data from other sources where Salhouse Parish Council are the originators of the documents and/or copied in correspondence with other organisations.

Furthermore, the data that you have sent us under your internal review is incomplete, unnecessarily redacted plus half of one the email you have provided is missing and associated threads are missing. We will now take this matter up with the ICO.

On another note: -
It has also come to our attention that the Norfolk Constabulary have been contacted to investigate the validity of my FOI to Salhouse Parish Council. Please could you confirm whether you advised the parish council to make these investigations with the police and/or whether it was you who made the call to the police?

Please respond within 7 working days.
Thank you.
Yours faithfully,
Kerry Radley

Phil Brown,

Dear Kerry Radley,
Thank you for your message which states your opinion on the content and
nature of SPC’s internal review and your stated intention to take the
matter up with the ICO. I absolutely respect your right to do this and
welcome the opportunity to cooperate fully with the ICO case worker, when
assigned, on this matter. 
With respect to the questions regarding Norfolk Constabulary, these are
highly inappropriate and a contravention of the What Do They Know website
rules. I need to remind you that I have been engaged by SPC to assist them
when responding to your FOI requests and other related ones. If you
believe that the police have been approached to investigate the validity
of your requests, and you want to know who approached them, then feel free
to address these questions directly to the police; that is not a matter
for me or SPC.
Regards
Phil Brown
DPO
Salhouse Parish Council
CJ International Services Ltd
[1][email address]
+44 (0)7830 245266

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Dear Phil Brown,

I have approached the police and they have confirmed that a member of SPC called them about me requesting an FOI. You need to find out which council it was, I have tried but still am waiting for an answer. Like all me missing data.

Yours sincerely,

Kerry Radley

Phil Brown,

Dear Kerry Radley,
As has been stated in previous correspondence with you, I am engaged by
SPC to assist them in their responses to various FOI Requests, including
yours. It follows that I only take my instructions from SPC regardless of
what you or other residents may prefer.
May I remind you that you have been asked to direct your correspondence to
SPC, not to me, for reasons that I hope are obvious. When you do contact
me directly, all I do is to forward the correspondence to SPC. In this
instance, I have been asked to respond to you directly (see below).
Regarding your comment in the email sent via WDTK at 2316 hrs on 14 June
21, the only interest I have is to establish whether you are making
another FOI request to SPC. If that is the case, then you should direct
your request to SPC in writing (email will do). If this happens and SPC
seek my further support, only then will I get involved in this request. Of
course, the choice is yours, but if you do make an FOI request then you
may have to wait 20 working days, starting the day after the request was
received, to get your answer. If you ask the same question but making it
clear that it is not an FOI request, then you may get an answer much
sooner. The only thing I would add is that if you choose the latter route,
then it would be inappropriate to use the WDTK route.
It may be that this is not the response you were hoping for, but
nonetheless I hope it still provides some helpful guidance as to your
future options in this matter.
Have a good weekend
Phil Brown

DPO
Salhouse Parish Council
CJ International Services Ltd
+44 (0)7830 245266

dangos adrannau a ddyfynnir

Dear Phil Brown,

Thank you for your response of 18.6.21 on WDYK. My original request on this page was made on 22.12.20. This was processed by SPC and on the 29.1.21 that the council review my FOI
'to determine that any and all FOIA requests identified are valid.'
I subsequently learned that as part of verifying the validity process by SPC of my FOI that the Norfolk Constabulary were contacted. On 18.6.21 I attempt to clarify which representative dealing with my FOI contacted the police about its validity. This was a perfectly reasonable question given that on the 29.1.21 the council had advised me that it was checking the validity of my FOI but didnt say it would be checking with the police. My question on WDTK was to establish who (which representative - clerk/councillor or contractor) had under my FOI request of December 2020 had contacted the police.

Please note my correspondence under the FOI to SPC on 22.12.20 my well go from Dear Sarah to Dear Mr Brown, however, cannot know what you are contracted to do and for how long. If you engage with me for and on behalf of SPC through my request directed to SPC on WDTK - I have no control over that - SPC do.

In summary.

I do not believe that that to seek clarification of who contacted the police as part of my internal review of my FOI is a contravention of the House Rules of WDTK. If SPC or one of its representatives called the police to check the validity of my FOI then it needs to be clarified as part of the internal review process. This is not in anyway a new FOI request but a request for clarification on how my FOI was reviewed so I may take this matter up as valid complaint with the ICO.

Yours sincerely,

Kerry Radley

Phil Brown,

Dear Kerry Radley,
Thank your recent email received on 25 June 2021, which I have forwarded
to Salhouse Parish Council (SPC) for their consideration. I must refer you
to my previous response on 18 June 2021, since I am only taking my
instructions from SPC. If they are happy for me to provide you with a
further response, I am sure they will let me know.
Regards
Phil Brown
DPO

Salhouse Parish Council

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dangos adrannau a ddyfynnir

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