HGV Accident Wed 13th January in Macmerry

Roedd y cais yn rhannol lwyddiannus.

Dear East Lothian Council,

Please forward all records, emails and other correspondence you will have regarding an accident involving a HGV contractor (Alan Coyle) undertaking works on behalf of East Lothian Council, and a Honda Civic parked on Brierbush Road, Macmerry. The incident took place on Wednesday 13th January.

Please respond at your earliest convenience.

Yours faithfully,

Zoe Anderson

Freedom Of Information, East Lothian Council

Thank you for your email. Your enquiry will be registered and we will send you a formal acknowledgement as soon as possible.

You may also be interested to learn that, in order to increase openness and accountability, East Lothian Council publishes Freedom of Information/Environmental Information Regulations requests and responses on its website. Please click here<http://www.eastlothian.gov.uk/site/custo...> to be directed to the relevant pages.

Shelley Neville
Data Protection and Freedom of Information Officer
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Fax: 01620 827253
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>

Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.

**********************************************************************
**********************************************************************

East Lothian
A great place to live, learn, work and play
A fantastic place to foster
http://www.eastlothian.gov.uk/fostering
[email address]
Phone 01620 827643 to find out more about fostering

dangos adrannau a ddyfynnir

Freedom Of Information, East Lothian Council

Our Ref: 2016/368(9687)

 

Dear Ms Anderson   

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION REGULATIONS 2004

 

Thank you for your email of 30 March.

 

I am sorry for the delay in sending this acknowledgement but I am pleased
to confirm that your enquiry has now been registered and passed to the
appropriate department for action.  Our response should be issued to you
no later than 28 April although we will reply sooner if we can.

 

We will contact you again in due course but if you require any assistance
in the meantime please do not hesitate to get in touch. 

 

Yours sincerely

 

Shelley Neville

Data Protection and Freedom of Information Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [1][East Lothian Council request email]

 

Information about East Lothian Council’s complaints procedure can be found
[2]here.

 

Details of your rights to requesting information from East Lothian Council
are published [3]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [4]website.

 

 

dangos adrannau a ddyfynnir

Freedom Of Information, East Lothian Council

1 Atodiad

Our Ref: 2016/368(9687)

 

Dear Ms Anderson   

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Further to your enquiry of 30 March, on behalf of East Lothian Council I
am now able to provide our response; please refer to the PDF attachment.

 

Under the terms of this legislation, if you are unhappy with the way your
request has been handled, you are entitled to request that we undertake an
internal review.  Please note, however, that both the Freedom of
Information (Scotland) Act 2002 and the Environmental Information
(Scotland) Regulations 2004 only relate to the release of information. 
The Scottish Information Commissioner publishes the following guidance
about internal reviews:

 

You can ask the authority to review its decision if it does not respond or
you are unhappy with the way it has dealt with your request, for example
by:

 

·                     refusing to give you the information

·                     failing to reply to you within the time limit
allowed

·                     claiming the information is exempt

·                     failing to give you advice about, and help with,
making your request

·                     asking you to pay a fee that you feel is
unreasonable

 

For example, if you are unhappy because you do not believe the information
you have received is accurate, an internal review would not apply.  Should
this be the case, however, please let me know and I will try to resolve
this.  If I am unable to help, I will be happy to put you in touch with
someone who can.

 

We must receive a request to review within 40 working days of the date of
this notice.  A request to review our decision must be in writing (e-mail
is acceptable) or another permanent format.  When writing, you should
include your reasons as to why you are unhappy with our response and why
you wish it to be reviewed.  Your reasons for dissatisfaction must relate
to your information request of 30 March only and should be addressed to:

 

Data Protection and Freedom of Information Compliance Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Email: [1][East Lothian Council request email]

 

We will have a maximum of 20 working days from the date we receive your
request in order to complete our review and give you our decision.  In
order to ensure an impartial approach, an independent senior officer will
be appointed to carry out the review.

 

If you are still not satisfied with our decision following the review
process, then you may ask the Office of the Scottish Information
Commissioner (OSIC) to investigate the matter.  OSIC’s application form
can be found at
[2]http://www.itspublicknowledge.info/YourR...
Alternatively, you may contact OSIC at:

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

Telephone:  01334 464610

Fax:  01334 464611

E-mail:  [3][email address]

 

If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session.   You should, however, obtain
legal advice before deciding on this course of action.  This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case. 

 

Yours sincerely

 

Shelley Neville

Data Protection and Freedom of Information Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [4][East Lothian Council request email]

 

 

Information about East Lothian Council’s complaints procedure can be found
[5]here.

 

Details of your rights to requesting information from East Lothian Council
are published [6]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [7]website.

 

 

 

dangos adrannau a ddyfynnir

Dear Freedom Of Information,

I suggest you now turn your attention to the Transportation/Roads Department who are aware of the accident. Please forward any data they may have with regards to this incident.

Yours sincerely,

Zoe Anderson

Freedom Of Information, East Lothian Council

Thank you for your email. Your enquiry will be registered and we will send you a formal acknowledgement as soon as possible.

You may also be interested to learn that, in order to increase openness and accountability, East Lothian Council publishes Freedom of Information/Environmental Information Regulations requests and responses on its website. Please click here<http://www.eastlothian.gov.uk/site/custo...> to be directed to the relevant pages.

Shelley Neville
Data Protection and Freedom of Information Officer
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Fax: 01620 827253
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>

Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.

**********************************************************************
**********************************************************************

East Lothian
A great place to live, learn, work and play
A fantastic place to foster
http://www.eastlothian.gov.uk/fostering
[email address]
Phone 01620 827643 to find out more about fostering

dangos adrannau a ddyfynnir

Freedom Of Information, East Lothian Council

Our Ref:  2016/368(9687)

 

Dear Ms Anderson   

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION REGULATIONS 2004

 

Thank you for your email of 28 April.

 

I note your comments and confirm that I am in the process of making
further enquiries.  We will contact you again as soon as possible and
certainly no later that 27 May.  If you require any further assistance in
the meantime, however, please do not hesitate to get in touch. 

 

Yours sincerely

 

Shelley Neville

Data Protection and Freedom of Information Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [1][East Lothian Council request email]

 

Information about East Lothian Council’s complaints procedure can be found
[2]here.

 

Details of your rights to requesting information from East Lothian Council
are published [3]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [4]website.

 

dangos adrannau a ddyfynnir

Dear Freedom Of Information,

I note you have missed your own deadline. Please respond to avoid an escalation of this matter

Yours sincerely,

Zoe Anderson

Freedom Of Information, East Lothian Council

Thank you for your email. Your enquiry will be registered and we will send you a formal acknowledgement as soon as possible.

You may also be interested to learn that, in order to increase openness and accountability, East Lothian Council publishes Freedom of Information/Environmental Information Regulations requests and responses on its website. Please click here<http://www.eastlothian.gov.uk/site/custo...> to be directed to the relevant pages.

Shelley Neville
Data Protection and Freedom of Information Officer
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Fax: 01620 827253
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>

Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.

**********************************************************************
**********************************************************************

East Lothian
A great place to live, learn, work and play
A fantastic place to foster
http://www.eastlothian.gov.uk/fostering
[email address]
Phone 01620 827643 to find out more about fostering

dangos adrannau a ddyfynnir

Freedom Of Information, East Lothian Council

Our Ref: 2016/368(9687)

 

Dear Ms Anderson   

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Thank you for your email.

 

On behalf of East Lothian Council, I wish to apologise for the delay in
our response to your information request.  East Lothian Council always aim
to respond to requests as soon as possible within the statutory time frame
and I am sorry that we have failed on this occasion.  Please be assured
that your request is receiving attention from the relevant service area
and our response will be sent to you just as soon as possible.  If I can
be of any assistance in the meantime, however, please do not hesitate to
contact me.

 

Yours sincerely

 

Shelley Neville

Data Protection and Freedom of Information Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [1][East Lothian Council request email]

 

 

Information about East Lothian Council’s complaints procedure can be found
[2]here.

 

Details of your rights to requesting information from East Lothian Council
are published [3]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [4]website.

 

 

dangos adrannau a ddyfynnir

Freedom Of Information, East Lothian Council

1 Atodiad

Our Ref: 2016/368(9687)

 

Dear Ms Anderson   

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Further to my correspondence yesterday, East Lothian Council has now
located one record of an incident in Macmerry in January 2016. 

 

The incident we have identified appears to have occurred on 14 January at
Merryfield Avenue rather than at Brierbush Road on 13 January.  I have,
however, attached the item concerned for your reference and hope that it
will be of interest to you; please refer to the PDF attachment.  Please
note that when information is released as the result of a freedom of
information request it is technically released to the general public, and
not just to the person or organisation making the information request.  In
view of this, and in order to comply with Data Protection legislation, it
has been necessary to redact some information, i.e.: third party data and
data which could lead to the identification of individuals.

 

This now concludes your information request and may I apologise again for
the delay in our response.  Under the terms of this legislation, if you
are unhappy with the way your request has been handled, you are entitled
to request that we undertake an internal review.  Please note, however,
that both the Freedom of Information (Scotland) Act 2002 and the
Environmental Information (Scotland) Regulations 2004 only relate to the
release of information.  The Scottish Information Commissioner publishes
the following guidance about internal reviews:

 

You can ask the authority to review its decision if it does not respond or
you are unhappy with the way it has dealt with your request, for example
by:

 

·                     refusing to give you the information

·                     failing to reply to you within the time limit
allowed

·                     claiming the information is exempt

·                     failing to give you advice about, and help with,
making your request

·                     asking you to pay a fee that you feel is
unreasonable

 

For example, if you are unhappy because you do not believe the information
you have received is accurate, an internal review would not apply.  Should
this be the case, however, please let me know and I will try to resolve
this.  If I am unable to help, I will be happy to put you in touch with
someone who can.

 

We must receive a request to review within 40 working days of the date of
this notice.  A request to review our decision must be in writing (e-mail
is acceptable) or another permanent format.  When writing, you should
include your reasons as to why you are unhappy with our response and why
you wish it to be reviewed.  Your reasons for dissatisfaction must relate
to your information request of 30 March only and should be addressed to:

 

Data Protection and Freedom of Information Compliance Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Email: [1][East Lothian Council request email]

 

We will have a maximum of 20 working days from the date we receive your
request in order to complete our review and give you our decision.  In
order to ensure an impartial approach, an independent senior officer will
be appointed to carry out the review.

 

If you are still not satisfied with our decision following the review
process, then you may ask the Office of the Scottish Information
Commissioner (OSIC) to investigate the matter.  OSIC’s application form
can be found at
[2]http://www.itspublicknowledge.info/YourR...
Alternatively, you may contact OSIC at:

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

Telephone:  01334 464610

Fax:  01334 464611

E-mail:  [3][email address]

 

If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session.   You should, however, obtain
legal advice before deciding on this course of action.  This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case. 

 

Yours sincerely

 

Shelley Neville

Data Protection and Freedom of Information Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Email: [4][East Lothian Council request email]

 

 

Information about East Lothian Council’s complaints procedure can be found
[5]here.

 

Details of your rights to requesting information from East Lothian Council
are published [6]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [7]website.

 

 

 

 

dangos adrannau a ddyfynnir

Dear East Lothian Council,

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

I am writing to request an internal review of East Lothian Council's handling of my FOI request 'HGV Accident Wed 13th January in Macmerry'.

I believe the copy of the sole correspondence that you have included in your reply is incomplete. I know this to be fact as I personally sent 4 emails regarding this incident, and these do not appear in your response.

Incidentally, the information in the email included is incorrect. The lorry was not operating with a banksman.

Please review my request and take the appropriate action to avoid escalation. I would also like a reply to my initial emails that I refer to above.

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

Yours faithfully,

Zoe Anderson

Freedom Of Information, East Lothian Council

Thank you for your email. Your enquiry will be registered and we will send you a formal acknowledgement as soon as possible.

You may also be interested to learn that, in order to increase openness and accountability, East Lothian Council publishes Freedom of Information/Environmental Information Regulations requests and responses on its website. Please click here<http://www.eastlothian.gov.uk/site/custo...> to be directed to the relevant pages.

Shelley Neville
Data Protection and Freedom of Information Officer
Licensing, Administration and Democratic Services
East Lothian Council
John Muir House
Haddington
EH41 3HA

Tel: 01620 827623
Fax: 01620 827253
Email: [East Lothian Council request email]<mailto:[East Lothian Council request email]>

Details of your rights to requesting information from East Lothian Council are published here<http://www.eastlothian.gov.uk/info/704/d...>.

**********************************************************************
**********************************************************************

East Lothian
A great place to live, learn, work and play
A fantastic place to foster
http://www.eastlothian.gov.uk/fostering
[email address]
Phone 01620 827643 to find out more about fostering

dangos adrannau a ddyfynnir

Freedom Of Information, East Lothian Council

Our Ref:  2016/368(9687) 

 

Dear Ms Anderson  

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Thank you for your email of 1 June, I do apologise that I have not had an
earlier opportunity to send this acknowledgement. 

 

I confirm that East Lothian Council will carry out an internal review of
your information request of 30 March.  In order to ensure an impartial
approach, an independent senior officer will be appointed to carry out the
review and you may expect to receive their response no later than 29 June.

 

If you require any assistance in the meantime please do not hesitate to
contact me.

 

Yours sincerely

 

Shelley Neville

Data Protection and Freedom of Information Officer

Licensing, Administration and Democratic Services

East Lothian Council

John Muir House

Haddington

EH41 3HA

 

Tel: 01620 827623

Fax: 01620 827253

Email: [1][East Lothian Council request email]

 

Information about East Lothian Council’s complaints procedure can be found
[2]here.

 

Details of your rights to requesting information from East Lothian Council
are published [3]here.

 

The Scottish Information Commissioner is responsible for the enforcement
of Scotland's freedom of information laws.  Guidance regarding your rights
of access to information held by Scottish public authorities is available
on the Commissioner’s [4]website.

 

dangos adrannau a ddyfynnir

Gertz, Renate, East Lothian Council

10 Atodiad

Our Ref:  2016/368(9687) 

 

Dear Ms Anderson  

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

 

Following your request of 1 June 2016, I have been appointed to carry out
the review of your Freedom of Information request as I was not involved
with the original decision.

 

You requested “all records, emails and other correspondence you will have
regarding an accident involving a HGV contractor (Alan Coyle) undertaking
works on behalf of East Lothian Council, and a Honda Civic parked on
Brierbush Road, Macmerry.” On 30 May 2016, you received a response and
subsequently asked for a review.

 

I have now had an opportunity to review this matter and have made further
enquiries, in the course of which I have been provided with more
documentation, please see the attached. I asked the relevant departments
whether they held any other records as to the incident, but I was informed
that the matter was dealt with between the contractor J Sives and the
haulage contractor. As such, East Lothian Council does not hold any
further documentation.  

 

If you remain dissatisfied following the internal review process, then you
may ask the Office of the Scottish Information Commissioner (OSIC) to
investigate the matter. OSIC’s application form can be found at
[1]http://www.itspublicknowledge.info/YourR....
Alternatively, you may contact OSIC at:

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

 

Telephone:  01334 464610

Fax:  01334 464611

E-mail:  [2][email address]

 

If you remain dissatisfied following the Commissioner’s decision, you may
be able to appeal to the Court of Session.   You should, however, obtain
legal advice before deciding on this course of action.  This is because an
appeal may only be made on a point of law, not because you disagree with
the Commissioner’s view of the case. 

 

Yours sincerely

 

Dr Renate Gertz

Information Governance Compliance Officer

Licensing, Administration & Democratic Services

East Lothian Council

John Gray Centre

15 Lodge Street

Haddington

EH41 3DX

( 01620 827993

*   [email address]

 

dangos adrannau a ddyfynnir