Joanne Weir-Housing Options and Homeless Team Leader.

Gwrthodwyd y cais gan Dumfries and Galloway Council.

Dear Dumfries and Galloway Council,

Information is requested as follows:

1) When was Ms Weir appointed to the post of Housing Options and Homeless Team Leader?

2) How was she recruited? Was this post advertised, or how was this person selected? How many people were considered for the job?

3) What qualifications does she have to undertake this role?

4) Who occupied this post previously?

5) What training has Ms Weir had in order to undertake this post to date?

6) What instructions has she had in relation to people with disabilities? Has she had precise instruction on the Equality Act 2010? Please supply the instructions she received on this specifically.

7) Has she been made aware of the laws surrounding Disability Hate Crime and elder abuse? What steps has the council taken to ensure she is fully aware of these criminal offences?

8) What training has Ms Weir had on the housing legislation on the topics of homelessness and housing rights?

Yours faithfully,

Richard Page

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 14/01/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 383316 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 11/02/2019.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

Dumfries and Galloway Council

Please find below the Council's response to your request 383316 which was received on 14/01/2019.

Details of request: Dear Dumfries and Galloway Council,

Information is requested as follows:

1) When was Ms Weir appointed to the post of Housing Options and Homeless Team Leader?

2) How was she recruited? Was this post advertised, or how was this person selected? How many people were considered for the job?

3) What qualifications does she have to undertake this role?

4) Who occupied this post previously?

5) What training has Ms Weir had in order to undertake this post to date?

6) What instructions has she had in relation to people with disabilities? Has she had precise instruction on the Equality Act 2010? Please supply the instructions she received on this specifically.

7) Has she been made aware of the laws surrounding Disability Hate Crime and elder abuse? What steps has the council taken to ensure she is fully aware of these criminal offences?

8) What training has Ms Weir had on the housing legislation on the topics of homelessness and housing rights?

Response:

This request relates to an individual and the Council is applying Section 38(1)(b) read in conjunction with 38(2)(a)(i) of the Freedom of Information (Scotland) Act 2002 - to disclose this information would be to disclose personal information and essentially breach Data Protection legislation, there being no condition to allow for disclosure.

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Joanne Weir-Housing Options and Homeless Team Leader.'.

I reject your unfounded contentions that the details requested would be in the nature of personal information. This is a legitimate request for the details of the employment of a public official and the information does not constitute anything other than the terms of this post, together with information on training etc. Given the fact there are serious concerns over the conduct of Ms Weir, in particular Misconduct in Public Office, Disability Hate Crime and Elder abuse, it is in the public interest for this in formation to be supplied.

There is a lawful reason for this request and should you continue to refuse to provide the information it will be referred to the ICO.

I question why you decline to give the information requested and put it to you that it is an attempt to cover up the facts surrounding Ms Weir's employment with Dumfries and Galloway Council.

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

Yours faithfully,

Richard Page

Dear Dumfries and Galloway Council,

Further to my recent communication, I consider my FOI request in more than justified in view of the fact there is information available on her online to the effect her previous employment was with Loreburn Housing Association where she was the Housing Manager. This is a totally different role from her post as Housing Options and Homeless Team Leader. It heightens the concerns at her conduct and employment in this post.

Yours faithfully,

Richard Page

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for a formal review which was received on 17/01/2019 and is being dealt with. We will respond within 20 working days from the day after the request was received. A response to your request will be sent promptly, and in any event not later than 14/02/2019.

If you have any queries in the meantime, please do not hesitate to contact [email address].

Evans, Nick, Dumfries and Galloway Council

Dear Mr Page

 

Details of request : Housing Options and Homeless Team Leader

 

Thank you for your e-mail dated 17th January 2019 requesting a review of
the way in which the Council handled your request for information under
the Freedom of Information (Scotland) Act 2002 (FOISA).  A copy of the
request and response is attached to this email for your reference.

 

Your request for a review concerns the Council’s application of exemption
38(1)(b) read in conjunction with 38(2)(a)(i) of the FOISA.

 

I have now concluded my review and I am satisfied that the Council has
applied and appropriately withheld this information, as it is exempt from
disclosure under 38(1)(b) read in conjunction with 38(2)(a)(i) of the
FOISA.  This request relates to personal data and disclosure of this data
to a member of the public would contravene data protection principles.

 

In more general terms the Council recruitment follows internal policies
and all posts are recruited through My Job Scotland.  Applications
received are scored against essential and desirable criteria pertaining to
the particular post and a shortlist of candidates suitable for interview
is drawn up.  Following appointment any training needs are identified
depending on what qualifications, experience and skills a person already
has, with a select number of training courses being mandatory, and all
training is delivered as appropriate.  Training is delivered through a mix
of internal and external courses and on the job.

 

I trust that you are satisfied with this response and that the Council has
appropriately considered and dealt with your Review. If you are not
satisfied with the outcome of the Review, you have the right to appeal to
the Scottish Information Commissioner for a decision.

 

Appeals to the Commissioner can be made online at
[1]www.itspublicknowledge.info/Appeal or in writing to:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

KY16 9DS

 

Subsequent to the appeal process and the Commissioner issuing their
decision, you also then have the right to appeal to the Court of Session
on a point of law against the Commissioner’s decision.

 

Kind Regards

 

 

Nick Evans | Democratic Services Manager

Corporate Services, Dumfries and Galloway Council | Council Offices
| English Street | Dumfries | DG1 2DD

t: 01387 245925 (int: 63375) | dp: 205 | e: [2][email address] 

Any email message sent or received by the Council may require to be
disclosed by the Council under the provisions of the Freedom of
Information (Scotland) Act 2002

P  SAVE PAPER - Please do not print this e-mail unless absolutely
necessary

 

 

dangos adrannau a ddyfynnir

Dear Evans, Nick,

Thank you for your reply of 12 February 2019.

The refusal to provide this information comes as no surprise given the background to this person's appointment.

Whilst you attempt to use the exemption here, this does not apply to all the information requested clearly. For example, questions 1, 4, 5, 6,7, and 8 are not in the nature of personal information, or covered by Data Protection Regulations. It is in the public interest for this information to be available. It does not breach Data Protection Regulations, or constitute personal information in any way. You claim that these are covered by these is not accepted.

I would point out that other bodies have been asked for similar information and complied with FOI requests. See these:

https://www.whatdotheyknow.com/request/r...

https://www.whatdotheyknow.com/request/r...

https://www.whatdotheyknow.com/request/r...

https://www.whatdotheyknow.com/request/t...

I request you reconsider your decision and provide the information that is requested. In the event this has not been received within 14 days, then a complaint will be referred to The Office of the Scottish Information Commissioner.

Yours sincerely,

Richard Page

Evans, Nick, Dumfries and Galloway Council

I am away from the office until 20 February when I will respond to your
message.  If you need an urgent response, for governance matters contact
[email address] for committee matters
[email address] for Data protection, FOI or SARs
[email address] and for Complaints
[email address]

Any email message sent or received by the Council may require to be
disclosed by the Council under the provisions of the Freedom of
Information (Scotland) Act 2002.

Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Joanne Weir-Housing Options and Homeless Team Leader.'.

The communication dated 17 February 2019 has yet to receive a full response from you. this was acknowledged in a message dated 17 February 2019 which promised to reply on your return to the office on 20 February. This has yet to be received, please rectify it within 10 working days. In the event it is not dealt with lawfully then there will be a referral to the Scottish ICO.

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

Yours faithfully,

Richard Page

Gadawodd Richard Page anodiad ()

As is the norm, the corrupt Dumfries and Galloway Council decline to comply with the FOI Act. They have failed to provide the information requested although there is no lawful reason for them to refuse. It is designed to allow them to escape any form of transparency, or accountability to their Council Tax payers.

This has been submitted to the Scottish ICO who has refused to accept it due to the person who requested the information declining to be named as is their right under GDPR. They have also stated that the matter is over 6 months old it won't be accepted on that basis either.

Prima facie the Scottish ICO is acting unlawfully in insisting on having the name of the requester, despite this being a breach of GDPR. It appears to be a body which is as corrupt as the councils which refuse to comply with the FOI Act. Public bodies in Scotland are institutionally corrupt.