LBJPB Complaints Sub Committee 7th January 2013

Alan Caulfield made this Rhyddid Gwybodaeth request to City of Edinburgh Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan City of Edinburgh Council.

Dear City of Edinburgh Council,

Please supply suitably redacted copies of all information held in respect of a LBJPB Sub-Committee Dealing with Complaints Issues Edinburgh 7th January 2013.

Present were Councillors Whyte, Mowat, Redpath, Day, and Moffat.

1.Please supply redacted copies of all written material submitted.
2.A copy of the confidential statement signed by the convener.

Yours faithfully,

Alan Caulfield

City of Edinburgh Council

Mr Alan Caulfield

Our ref: 19835

Dear Mr Caulfield

Acknowledgement of Request

Subject: LBJPB Complaints Sub Committee 7th January 2013

Thank you for your request for information received on 20/07/2018. I can confirm that your request will be processed under the Freedom of Information (Scotland) Act 2002, Environmental Information Regulations (Scotland) 2004, or the INSPIRE (Scotland) Regulations 2009.

You will receive the information requested within 20 working days unless the Council does not hold the information, or there is a reason for it to be withheld. We will write to you in any event. This means we have until 20/08/2018 to respond to your request.

In some circumstances a fee may be payable and if that is the case we will let you know.

If you have any requirements regarding the format any information should be supplied in, e.g. the language to be used, audio, large print and so on, then please let me know.

If you have any queries or concerns, do not hesitate to get in touch. Please quote the reference number above in any future communications.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175....

Further information about your rights and accessing information is available on our website at: www.edinburgh.gov.uk

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[email address] www.edinburgh.gov.uk

City of Edinburgh Council

Mr Alan Caulfield

[FOI #498786 email]

Our ref: 19835

Dear Mr Caulfield

Freedom of Information (Scotland) Act 2002 - Release of Information

Subject: LBJPB Complaints Sub Committee 7th January 2013

Thank you for your request for information 20/07/2018 where you asked the following;

Please supply suitably redacted copies of all information held in respect of a LBJPB Sub-Committee Dealing with Complaints Issues Edinburgh 7th January 2013.

Present were Councillors Whyte, Mowat, Redpath, Day, and Moffat.

1. Please supply redacted copies of all written material submitted.
2. A copy of the confidential statement signed by the convener.

Your request has been processed and considered under the Freedom of Information (Scotland) Act 2002 and it is not possible to provide you with the information you have requested on this occasion.

The information you have requested will not be released even in a redacted form. Under the terms of the legislation, a request for information can be refused where one or more exemptions listed in the legislation apply. In this instance, the Council is claiming the following exemptions to the information that you have requested:

Section 30 – Prejudice to effective conduct of public affairs
Section 35 – Law Enforcement

Section 30(c) exempts information if its disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs.

Complaints against senior police officers were dealt with at specially arranged meetings of the Police Board’s Sub-Committee Dealing with Complaints Issues (“the Sub-Committee). The Council holds the information requested because of the Chief Executive’s role as Clerk to the Lothian and Borders Police Board (the Board) at that time. Reports produced in relation to these complaints, together with the supporting documents, were intended to be read as confidential documents to allow the Board to deal with the complaint and make a decision on the basis of written submissions.

Should any information be released under freedom of information legislation it would, in effect, be released into the public domain. Information provided to the sub-committee is submitted on an expectation of confidentiality. To disclose the information you have requested, even in a redacted format, would be a breach of confidentiality provided to the individuals who would have submitted information about these complaints. Given the nature of the information you have requested, and the sensitivity of this specific complaint, it would not be appropriate to release this into the public domain.

Although I consider that disclosure of the information in the report would be exempt under section 30(c) of FOISA, I am required to go on to consider the application of the public interest test in section 2(1)(b) of FOISA.

I have applied the public interest test to your request. Although there is a clear public interest in the Council promoting transparency and accountability through the disclosure of information, I consider that release of information in regard to these complaints would substantially prejudice the Boards (and its successors) ability to conduct investigations of this nature and would prevent potential complainants from raising a grievance against a senior police offcer due to the concern that information would be released into the public domain. For these reasons I have concluded that in these circumstances, the public interest in disclosing this information is outweighed by that in maintaining the exemption in section 30(c).

Section 35(1)(g) in conjunction with 35(2)(b) exempts information if its disclosure would, or would be likely to, prejudice substantially the exercise by any public authority of its functions to ascertain whether a person is responsible for conduct which is improper.

Investigating complaints to the Board can only be effective if those participating in them are able to freely express their views with an expectation that these investigations, and subsequent reports, are treated with a degree of confidentially. The duty that the public authority has in relation to carrying out an investigation as a result of a complaint, comes from the common law duty of care that the authority has to the people participating in the process. To release the information you have requested would substantially prejudice the ability of the Board (and its successor) to meet its obligations, and to conduct similar investigations in the future, for fear that information may be published under Freedom of Information legislation.

Although I consider that disclosure of the information in the report would be exempt under section 35(1)(g) in conjunction with 35(2)(b) of FOISA I am required to go on to consider the application of the public interest test in section 2(1)(b) of FOISA.

I have applied the public interest test to your request. Although there is a clear public interest in the Council promoting transparency and accountability through the disclosure of information, I consider that there is a greater public interest in ensuring that a public authority can fulfil its obligations. Release of this information would substantially prejudice the Boards ability to conduct investigations as a result of a complaint and would undermine the assurance of confidentiality as expected in any complaints process. For these reasons I have concluded that in all the circumstances, the public interest in disclosing this information is outweighed by that in maintaining the exemption in section 35(1)(g) (read in conjunction with section 35(2)(b)).

Please note that this constitutes a formal refusal notice under section 16 of the Freedom of Information (Scotland) Act 2002.

To promote transparency and accountability, please note it is the Council’s policy to publish all request details and responses made under the freedom of information legislation. This information will be made available through the Council’s website and will not include your personal details. The disclosure log is available at the following link: http://www.edinburgh.gov.uk/homepage/175...

Your right to seek a review

If you are unhappy with the way we have dealt with your request, you can ask us to review our actions and decisions by writing to the:

Head of Strategy & Insight
The City of Edinburgh Council
Waverley Court Business Centre 2:1
4, East Market Street
Edinburgh
EH8 8BG or,
Email: [email address]

Please note that your request must be in a recordable format (email, letter, audio tape etc.), and that you have 40 working days upon receipt of this letter to ask for a review. You will receive a full response to your review request within 20 working days of its receipt. Please quote the reference number above in any future communications.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website: www.itspublicknowledge.info/Appeal
Email: [email address]

Yours sincerely,

Sue Brown
Information Rights Officer

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[email address] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

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

I am writing to request an internal review of City of Edinburgh Council's handling of my FOI request 'LBJPB Complaints Sub Committee 7th January 2013'.

Thank you for your response and confirming you hold this information.

The request is for suitably redacted material to protect confidentiality.

It seems unlikely a blanket exemption for prejudice to public affairs or Law enforcement, covers all of the information held. Any sensitive information described in your response could be redacted or removed, with an explanation regarding the type of material and the applicable exemption claimed, to protect the duty of care implied.

The exemptions above suggest substantial prejudice to public affairs, and Law enforcement. Substantial in the ordinary sense suggests something of considerable importance, large in size, or sizeable value.
There are also expectations that public servants uphold the highest standards, including transparency and accountability they should also be seen to be doing so. Any decisions taken should be in the public interest and information restricted only when the wider public interest demands.

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

Yours faithfully,

Alan Caulfield

City of Edinburgh Council

Dear Mr Caulfield

Freedom of Information (Scotland) Act 2002 - Request for Review

Subject: LBJPB Complaints Sub Committee 7th January 2013

Thank you for your correspondence of 15 August 2018 received by us on 16 August 2018 asking that the Council reviews its handling of your request for information of 20 July 2018.

You requested a review as you were dissatisfied with the Council's original response.

I can confirm that the Council will deal with your review promptly under the provisions of the Freedom of Information (Scotland) Act 2002. You will receive a full response no later than 20 working days upon receipt of your request.

If you are not content with the outcome of the review, you can ask the Scottish Information Commissioner to review our decision. You must submit your complaint to the Commissioner within 6 months of receiving our review response. The Commissioner can be contacted at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Fax: 01334 464611
Website www.itspublicknowledge.info
E-mail: [email address]

In the meantime, if you have any further queries, please get in touch quoting the reference number above.

Yours sincerely,

Information Governance Unit
Level 2:1, Waverley Court, Edinburgh EH8 8BG Tel 0131 200 2340
[email address] www.edinburgh.gov.uk

Dear City of Edinburgh Council,

Thank you for your response

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

Further to my request for a review. In 2014 Edinburgh Council claimed "All hard copy files which were in possession of City of Edinburgh Council have been uplifted by SPA" Your ref 4547

For accuracy could you also explain during your review how Edinburgh Council still has the copies you confirmed possession of above?

Yours faithfully,

Alan Caulfield

Dear City of Edinburgh Council,

May I request an update.

Yours faithfully,

Alan Caulfield

Review, City of Edinburgh Council

1 Atodiad

Dear Mr Caulfield,

 

Please find attached the response to your request for review which has
been dealt with under the terms of the Freedom of Information (Scotland)
Act 2002.

 

Yours sincerely,

 

Chris Peggie

Review Officer

 

dangos adrannau a ddyfynnir