MA Creative Writing

The request was refused by University of Hull.

Dear University of Hull,

Please can you email through a copy of any handbook or manual issued to students on the MA Creative Writing program, and also (if different) a copy of each module description including assessment methods, reading lists etc.

Yours faithfully,
S Elibank

FOI Mailbox, University of Hull

 

Thank you for your Freedom of Information request. Please accept this
email as an acknowledgment of your request. The University of Hull will
endeavour to provide you with a response within 20 working days. Many
thanks

FOI Mailbox, University of Hull

Dear Steve

File reference: 1101(42) Freedom of Information Request (2109)

I am writing to acknowledge receipt of your request below.

The University is treating your correspondence as a request for information under the Freedom of Information Act 2000. You should expect to receive a further reply from us within 20 working days from the day when your request was originally received, although please note there may be some delays due to disruption caused by the current pandemic.

If you have any queries about this request do not hesitate to contact [University of Hull request email]. Please remember to quote the reference number above in any future communications.

Kind regards
Information Compliance Team

show quoted sections

Dear FOI Mailbox,

Is there a reason you haven't provided a full response yet?

Yours sincerely,

Steve Elibank

Dear FOI Mailbox,

I'm afraid I'm going to complain to the ICO now.

Yours sincerely,

Steve Elibank

Dear FOI Mailbox,

File reference: 1101(42) Freedom of Information Request (2109)

Would you consider responding to this request?

Yours sincerely,
Steve Elibank

Dear FOI Mailbox,

File reference: 1101(42) Freedom of Information Request (2109)

Are you really just planning to ignore this?

Yours sincerely,
Steve Elibank

Dear FOI Mailbox,

File reference: 1101(42) Freedom of Information Request (2109)

This is getting quite late now?

Yours sincerely,

Steve Elibank

Dear FOI Mailbox,

File reference: 1101(42) Freedom of Information Request (2109)

Are you seriously just planning to ignore this?

Yours sincerely,

Steve Elibank

FOI Mailbox, University of Hull

Dear Mr Elibank

Thank you for your email . The University acknowledged your FOI request but there was confusion as to whether it constituted a valid request or was exempt under Section 21 of the FOI 2000.

This does not appear to have been relayed to you for which I apologise.

I'm assuming that you have not made a request direct to the Faculty which I believe you could have done.

I will action your request and revert very soon.

Please feel free to contact me if this would assist.

Regards

Clive Mackintosh | Data Protection Officer | Legal, Governance and Compliance 
01482 466594
University of Hull, HU6 7RX
[email address]
[University of Hull request email]

  uniofhull     uniofhull     universityofhull

CAUTION: This e-mail and any attachments may contain information that is confidential and is subject to legal professional privilege. If this e-mail has been sent internally within the University of Hull, it should not be circulated externally without the prior express written authorisation of the Solicitors Office. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this e-mail or any attachments. If you have received this e-mail in error, please notify the Solicitors Office immediately and erase this email and any attachments. Misuse should be reported to the creator of the email or [email address]. Thank you.

show quoted sections

Dear Clive,

I expect you'll want to give me an update?

Yours sincerely,
Steve Elibank

Dear Clive

Is there an update?

Yours sincerely,
Steve Elibank

Dear Clive

You need to update me.

Yours sincerely,

Steve Elibank

Dear Clive,

This is now extremely overdue and your failure to respond to any followup email is unprofessional and discourteous. If I do not hear from you by tomorrow I will have to contact your Vice-Chencellor's Office.

Yours sincerely,

Steve Elibank

Dear Clive,

Just a reminder that I'll be dropping your Vice-Chancellor an email tomorrow if I haven't heard from you by then.

Yours sincerely,
Steve Elibank

FOI Mailbox, University of Hull

Dear Steve

Unfortunately Clive has very limited availability this week but I just wanted to confirm that we have received your emails. A response to you will be forthcoming as soon as possible.

Kind regards.

Information Compliance Team

show quoted sections

FOI Mailbox, University of Hull

Hello Steve

Please accept my apologies for the delay in responding to your recent email.

I'm looking into this and will revert on Monday next at the latest.

Regards - Clive

Clive Mackintosh | Data Protection Officer | Legal, Governance and Compliance 
01482 466594
University of Hull, HU6 7RX
[email address]
[University of Hull request email]

  uniofhull     uniofhull     universityofhull

CAUTION: This e-mail and any attachments may contain information that is confidential and is subject to legal professional privilege. If this e-mail has been sent internally within the University of Hull, it should not be circulated externally without the prior express written authorisation of the Solicitors Office. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this e-mail or any attachments. If you have received this e-mail in error, please notify the Solicitors Office immediately and erase this email and any attachments. Misuse should be reported to the creator of the email or [email address]. Thank you.

show quoted sections

Dear Clive,

I can't help noticing that Monday came and went without a word from you?

Yours sincerely,

Steve Elibank

Dear Clive,

I've contacted your Vice Chancellor today.

Yours sincerely,

Steve Elibank

Clive Mackintosh, University of Hull

4 Attachments

Hello Steve

 

Thank you for patience.

 

I’ve been asked to clarify if you are referring to the MA in Creative
Writing online or the MA that includes Creative Writing on campus.

 

I can conclude your request on receiving this confirmation.

 

Regards

 

Clive Mackintosh | Data Protection Officer | Legal, Governance and
Compliance 

01482 466594

University of Hull, HU6 7RX

[1][email address]

[2][University of Hull request email]

 

 

[3]cid:image002.png@01D5D5EB.05ED8260

 

 

[4]cid:image004.png@01D5D5EB.05ED8260  [5]uniofhull  
[6]cid:image006.png@01D5D5EB.05ED8260  [7]uniofhull  
[8]cid:image008.png@01D5D5EB.05ED8260  [9]universityofhull

 

 

 

CAUTION: This e-mail and any attachments may contain information that is
confidential and is subject to legal professional privilege. If this
e-mail has been sent internally within the University of Hull, it should
not be circulated externally without the prior express written
authorisation of the Solicitors Office. If you are not the intended
recipient, you must not read, use, disseminate, distribute or copy this
e-mail or any attachments. If you have received this e-mail in error,
please notify the Solicitors Office immediately and erase this email and
any attachments. Misuse should be reported to the creator of the email or
[10][email address]. Thank you.

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[University of Hull request email]
5. https://www.snapchat.com/add/uniofhull
7. https://twitter.com/UniOfHull
9. https://www.facebook.com/UniversityOfHull/
10. mailto:[email address]

Dear Clive Mackintosh,

This one https://online.hull.ac.uk/courses/ma-cre...

Yours sincerely,

Steve Elibank

Clive Mackintosh, University of Hull

Thank you Steve. I will take this up now.

Regards

Clive Mackintosh | Data Protection Officer | Legal, Governance and Compliance 
01482 466594
University of Hull, HU6 7RX
[email address]
[University of Hull request email]

  uniofhull     uniofhull     universityofhull

CAUTION: This e-mail and any attachments may contain information that is confidential and is subject to legal professional privilege. If this e-mail has been sent internally within the University of Hull, it should not be circulated externally without the prior express written authorisation of the Solicitors Office. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this e-mail or any attachments. If you have received this e-mail in error, please notify the Solicitors Office immediately and erase this email and any attachments. Misuse should be reported to the creator of the email or [email address]. Thank you.

show quoted sections

Dear Clive Mackintosh,

I feel sure you won’t want to let a(nother) whole week pass without providing an update.

Yours sincerely,

Steve Elibank

Dear Clive Mackintosh,

I'm sure you won't want to let a(nother) eight days pass without an udpate?

Yours sincerely,

Steve Elibank

Dear Clive Mackintosh,

I'm sure you won't want to let a(nother) nine days pass without an udpate?

Yours sincerely,

Steve Elibank

Dear Clive Mackintosh,

I'm sure you won't want to let a(nother) eleven days pass without an udpate?

Yours sincerely,

Steve Elibank

Dear Clive Mackintosh,

Today is the 61st working day since my request. Your response was due on the 20th working day. Since then, you have failed to provide any coherent explanation for the delay, you have not estimated a timescale, and you have ignored 14 follow-up emails requesting an update. It is just not good enough.

Yours sincerely,
Steve Elibank

Dear Clive Mackintosh,

Today is the 62nd working day since my request. Your response was due on the 20th working day. Since then, you have failed to provide any coherent explanation for the delay, you have not estimated a timescale, and you have ignored 15 follow-up emails requesting an update. It is just not good enough.

Yours sincerely,
Steve Elibank

Dear University of Hull,

Today is the 63rd working day since my request. Your response was due on the 20th working day. Since then, you have failed to provide any coherent explanation for the delay, you have not estimated a timescale, and you have ignored 16 follow-up emails requesting an update. It is just not good enough.

Yours faithfully,
Steve Elibank

Clive Mackintosh, University of Hull

4 Attachments

 

Dear Steve Elibank

 

Thank you for your recent email.

 

I am waiting for the Head of Department to return from leave before
providing a final response to your request .

 

When doing so, I will be considering whether the information requested is
exempt from disclosure under section 43 of the Freedom of Information Act
2000.

 

I note that you are proficient in the use of a number of substantial
freedom of information requests covering a disperse and varying set of
information and from various public authorities  , which seemingly have no
nexus .

 

It would assist with my determination of whether section 43 applies if you
could articulate your reasons for requesting the information and
documentation requested .

 

Regards

Clive Mackintosh | Data Protection Officer | Legal, Governance and
Compliance 

01482 466594

University of Hull, HU6 7RX

[1][email address]

[2][University of Hull request email]

 

 

[3]cid:image002.png@01D5D5EB.05ED8260

 

 

[4]cid:image004.png@01D5D5EB.05ED8260  [5]uniofhull  
[6]cid:image006.png@01D5D5EB.05ED8260  [7]uniofhull  
[8]cid:image008.png@01D5D5EB.05ED8260  [9]universityofhull

 

 

 

CAUTION: This e-mail and any attachments may contain information that is
confidential and is subject to legal professional privilege. If this
e-mail has been sent internally within the University of Hull, it should
not be circulated externally without the prior express written
authorisation of the Solicitors Office. If you are not the intended
recipient, you must not read, use, disseminate, distribute or copy this
e-mail or any attachments. If you have received this e-mail in error,
please notify the Solicitors Office immediately and erase this email and
any attachments. Misuse should be reported to the creator of the email or
[10][email address]. Thank you.

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[University of Hull request email]
5. https://www.snapchat.com/add/uniofhull
7. https://twitter.com/UniOfHull
9. https://www.facebook.com/UniversityOfHull/
10. mailto:[email address]

Dear Clive Mackintosh,

1. You are not entitled to question FOI requesters motives. Perhaps you need to re-read the ICO Commissioner’s guidance on this :: https://ico.org.uk/media/for-organisatio...
2. You have no lawful basis to trawl the internet looking for information about me. That is a GDPR breach and I will be contacting the ICO to lodge a GDPR complaint.
3. The Head of Department’s absence is not a basis for a 3 months delay in responding to an FOI request.

Yours sincerely,
Steve Elibank

Clive Mackintosh, University of Hull

Dear Steve Elibank

The website and email address that you use along with other similar requestors is public facing .

There is no breach of the GDPR but if you wish to complain to the ICO that is your right.

It is not unreasonable to clarify your request given as I have said , it may be necessary to consider whether or not section 43 applies .

I am hoping to be in a position to send a final response early next week when the relevant individual has returned from leave.

Regards

Clive Mackintosh | Data Protection Officer | Legal, Governance and Compliance 
01482 466594
University of Hull, HU6 7RX
[email address]
[University of Hull request email]

  uniofhull     uniofhull     universityofhull

CAUTION: This e-mail and any attachments may contain information that is confidential and is subject to legal professional privilege. If this e-mail has been sent internally within the University of Hull, it should not be circulated externally without the prior express written authorisation of the Solicitors Office. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this e-mail or any attachments. If you have received this e-mail in error, please notify the Solicitors Office immediately and erase this email and any attachments. Misuse should be reported to the creator of the email or [email address]. Thank you.

show quoted sections

Dear Clive Mackintosh,

As you would know if you were your organisation’s data protection officer, the GDPR says you have to have a lawful basis for processing of personal data. Surfing the web to see my past requests is processing personal data. So you have to need to have a lawful basis.

And, as you would know if you were a freedom of information officer, Or even if you’d just read the guidelines I sent you less than an hour ago ago, section 43 is applicant blind so my motivation is entirely irrelevant.

Yours sincerely,

Steve Elibank

Good morning Clive,

I hope you have received the letter from the ICO observing of your "poor handling" of this request and ordering you to issue a reply by Thursday.

Yours sincerely,

Steve Elibank

Clive Mackintosh, University of Hull

4 Attachments

Dear Steve Elibank

 

You have made a freedom of information request to the University of Hull (
UOH)

 

Your request is as follows:

 

Please can you email through a copy of any handbook or manual issued to
students on the MA Creative Writing Program, and also ( if different ) a
copy of each module description including assessment methods, reading
lists etc.

 

Response

 

1. Information about the MA Creative Writing degree can be found on the
UOH website. This includes, details of the course modules , the credits
for each module , details of how students are assessed and a very useful
contact page where you are able to email the Academic staff  for more
information relevant to the course. There is also a video from the
programme founder , Professor Martin Goodman and supportive comments from
alumni. Accordingly, as regards this part of your request , we
respectfully rely upon section 21 of the Freedom of Information Act 2000.

 

2.You also requested copies of any manual or handbook  issued to students
. and information on how students are assessed including reading lists .
The UOH does not have a manual for this course but it does provide each
enrolled student with a personal handbook which is personal and
confidential as between the UOH and the student. Moreover, students use
their personal handbook in interacting with teaching staff by posting
comments and work  assignments via the UOH’s student portal known as
Canvas. Canvas contains personal data of the students , teaching staff and
individual student assessments in relation to each course module. To
disclose this personal information would be in breach of the GDPR 2016 .
Accordingly, UOH relies upon section 40(2) of the Freedom of Information
Act 2000 in refusing your request for disclosure of this personal
information .

 

Although section 40(2) provides for an absolute exemption against
disclosure , for the avoidance of any doubt in so far as the ‘Public
Interest Test ‘ should apply , the UOH does not consider that the
information you have requested is suitable for general publication , in
any event, for the following reasons:

 

1.Disclosure of personal information of students, their personal handbook
, their work and assessments including 121 interactions with teaching
staff  is personal data under the GDPR

 

2.Any disclosure would have a negative impact on the credibility of the
course and the UOH

 

3.Disclosure would cause significant harm and distress to students as well
as academic staff

 

4.Disclosure would undermine the value of a course in which students are
required to pay a course fee of £10,000 and potentially lead to student
drop off and abandonment of the course.

 

If you are unhappy with this response , you can of course , complain to
the ICO – which UOH notes you have already of done. You can also request
that UOH reviews its decision.

 

A copy of this response is being sent to the ICO.

 

Regards

 

Clive Mackintosh | Data Protection Officer | Legal, Governance and
Compliance 

01482 466594

University of Hull, HU6 7RX

[1][email address]

[2][University of Hull request email]

 

 

[3]cid:image002.png@01D5D5EB.05ED8260

 

 

[4]cid:image004.png@01D5D5EB.05ED8260  [5]uniofhull  
[6]cid:image006.png@01D5D5EB.05ED8260  [7]uniofhull  
[8]cid:image008.png@01D5D5EB.05ED8260  [9]universityofhull

 

 

 

CAUTION: This e-mail and any attachments may contain information that is
confidential and is subject to legal professional privilege. If this
e-mail has been sent internally within the University of Hull, it should
not be circulated externally without the prior express written
authorisation of the Solicitors Office. If you are not the intended
recipient, you must not read, use, disseminate, distribute or copy this
e-mail or any attachments. If you have received this e-mail in error,
please notify the Solicitors Office immediately and erase this email and
any attachments. Misuse should be reported to the creator of the email or
[10][email address]. Thank you.

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[University of Hull request email]
5. https://www.snapchat.com/add/uniofhull
7. https://twitter.com/UniOfHull
9. https://www.facebook.com/UniversityOfHull/
10. mailto:[email address]

Clive Mackintosh, University of Hull

4 Attachments

Dear Steve Elibank

 

Further to our email below , please provide your ICO reference to enable
UOH to send its response.

 

Clive Mackintosh | Data Protection Officer | Legal, Governance and
Compliance 

01482 466594

University of Hull, HU6 7RX

[1][email address]

[2][University of Hull request email]

 

 

[3]cid:image002.png@01D5D5EB.05ED8260

 

 

[4]cid:image004.png@01D5D5EB.05ED8260  [5]uniofhull  
[6]cid:image006.png@01D5D5EB.05ED8260  [7]uniofhull  
[8]cid:image008.png@01D5D5EB.05ED8260  [9]universityofhull

 

 

 

CAUTION: This e-mail and any attachments may contain information that is
confidential and is subject to legal professional privilege. If this
e-mail has been sent internally within the University of Hull, it should
not be circulated externally without the prior express written
authorisation of the Solicitors Office. If you are not the intended
recipient, you must not read, use, disseminate, distribute or copy this
e-mail or any attachments. If you have received this e-mail in error,
please notify the Solicitors Office immediately and erase this email and
any attachments. Misuse should be reported to the creator of the email or
[10][email address]. Thank you.

 

 

From: Clive Mackintosh
Sent: 20 August 2020 12:27
To: 'Steve Elibank' <[FOI #664446 email]>
Subject: FOI Request - MA Creative Writing 1101(42)

 

Dear Steve Elibank

 

You have made a freedom of information request to the University of Hull (
UOH)

 

Your request is as follows:

 

Please can you email through a copy of any handbook or manual issued to
students on the MA Creative Writing Program, and also ( if different ) a
copy of each module description including assessment methods, reading
lists etc.

 

Response

 

1. Information about the MA Creative Writing degree can be found on the
UOH website. This includes, details of the course modules , the credits
for each module , details of how students are assessed and a very useful
contact page where you are able to email the Academic staff  for more
information relevant to the course. There is also a video from the
programme founder , Professor Martin Goodman and supportive comments from
alumni. Accordingly, as regards this part of your request , we
respectfully rely upon section 21 of the Freedom of Information Act 2000.

 

2.You also requested copies of any manual or handbook  issued to students
. and information on how students are assessed including reading lists .
The UOH does not have a manual for this course but it does provide each
enrolled student with a personal handbook which is personal and
confidential as between the UOH and the student. Moreover, students use
their personal handbook in interacting with teaching staff by posting
comments and work  assignments via the UOH’s student portal known as
Canvas. Canvas contains personal data of the students , teaching staff and
individual student assessments in relation to each course module. To
disclose this personal information would be in breach of the GDPR 2016 .
Accordingly, UOH relies upon section 40(2) of the Freedom of Information
Act 2000 in refusing your request for disclosure of this personal
information .

 

Although section 40(2) provides for an absolute exemption against
disclosure , for the avoidance of any doubt in so far as the ‘Public
Interest Test ‘ should apply , the UOH does not consider that the
information you have requested is suitable for general publication , in
any event, for the following reasons:

 

1.Disclosure of personal information of students, their personal handbook
, their work and assessments including 121 interactions with teaching
staff  is personal data under the GDPR

 

2.Any disclosure would have a negative impact on the credibility of the
course and the UOH

 

3.Disclosure would cause significant harm and distress to students as well
as academic staff

 

4.Disclosure would undermine the value of a course in which students are
required to pay a course fee of £10,000 and potentially lead to student
drop off and abandonment of the course.

 

If you are unhappy with this response , you can of course , complain to
the ICO – which UOH notes you have already of done. You can also request
that UOH reviews its decision.

 

A copy of this response is being sent to the ICO.

 

Regards

 

Clive Mackintosh | Data Protection Officer | Legal, Governance and
Compliance 

01482 466594

University of Hull, HU6 7RX

[11][email address]

[12][University of Hull request email]

 

 

[13]cid:image002.png@01D5D5EB.05ED8260

 

 

[14]cid:image004.png@01D5D5EB.05ED8260  [15]uniofhull  
[16]cid:image006.png@01D5D5EB.05ED8260  [17]uniofhull  
[18]cid:image008.png@01D5D5EB.05ED8260  [19]universityofhull

 

 

 

CAUTION: This e-mail and any attachments may contain information that is
confidential and is subject to legal professional privilege. If this
e-mail has been sent internally within the University of Hull, it should
not be circulated externally without the prior express written
authorisation of the Solicitors Office. If you are not the intended
recipient, you must not read, use, disseminate, distribute or copy this
e-mail or any attachments. If you have received this e-mail in error,
please notify the Solicitors Office immediately and erase this email and
any attachments. Misuse should be reported to the creator of the email or
[20][email address]. Thank you.

 

 

References

Visible links
1. mailto:[email address]
2. mailto:[University of Hull request email]
5. https://www.snapchat.com/add/uniofhull
7. https://twitter.com/UniOfHull
9. https://www.facebook.com/UniversityOfHull/
10. mailto:[email address]
11. mailto:[email address]
12. mailto:[University of Hull request email]
15. https://www.snapchat.com/add/uniofhull
17. https://twitter.com/UniOfHull
19. https://www.facebook.com/UniversityOfHull/
20. mailto:[email address]

Dear Clive,

Please can you get an internal review done of this. Being a highly trained FOI Officer, you know that an internal review has to be carried out by someone senior to you who wasn't involved in the handling of the original response. This means it shouldn't be carried out by your head of department because he or she was involved in the handling of the original response.

There are two reasons I want an internal review. The first is so that someone can explain why your response was 71 days late.

The second is because the information is clearly not exempt so your response was fatally flawed. You are basing this on Section 21 and Section 40. However, this cannot be correct. The information I asked for included " a copy of each module description including assessment methods, reading lists." This information isn't available on the website you pointed me to (so Section 21 can't be right) and it clearly is not personal data (so Section 40 can't be right). In general, the use of Section 40 is quite odd, because how can a blank handbook provided to a student contain personal data? Presumably the handbook provided to each student is identical at the beginning of the year.

I showed a copy of your response to the ICO and their officer said "Having looked at the University's response it appears that it has still not properly understood the scope of your request and the precise information you are seeking. A decent internal review should therefore be capable of resolving most, if not all, of the outstanding matters."

This gives you some indication of quite how badly your handling of this request has come across.

As a highly trained FOI Officer you know that the ICo expects internal reviews to be done in 20 working days or in exceptional cases 40 working days. Since this case is anything but exceptional 20 working days will be enough in this case.

Yours sincerely,
Steve Elibank

Dear Clive Mackintosh,

I asked for an internal review on 25th of August. I have not received any sort of acknwledgement. Good practice would say that you should acknowledge my request and inform me of who will be carrying out the internal review: see part 5.4 of the FOI code of practise https://assets.publishing.service.gov.uk...

Yours sincerely,

Steve Elibank

Clive Mackintosh, University of Hull

Dear Steve Elibank

Your request for a review of the University's response to your request is being actioned.

Regards

Clive Mackintosh | Data Protection Officer | Legal, Governance and Compliance 
01482 466594
University of Hull, HU6 7RX
[email address]
[University of Hull request email]

  uniofhull     uniofhull     universityofhull

CAUTION: This e-mail and any attachments may contain information that is confidential and is subject to legal professional privilege. If this e-mail has been sent internally within the University of Hull, it should not be circulated externally without the prior express written authorisation of the Solicitors Office. If you are not the intended recipient, you must not read, use, disseminate, distribute or copy this e-mail or any attachments. If you have received this e-mail in error, please notify the Solicitors Office immediately and erase this email and any attachments. Misuse should be reported to the creator of the email or [email address]. Thank you.

show quoted sections

Chief Operating Officer, University of Hull

5 Attachments

Dear Steve
I have carried out a review of the decision made by the University’s Data
Protection Officer (DPO) to refuse your FOI request.

Please see the attached letter detailing my response.

Kind regards
John Duffy

John L Duffy | Chief Operating Officer 

University of Hull, HU6 7RX | [1]hull.ac.uk

[2][email address] | 01482 462287

 

 

[3]cid:image005.png@01D53715.AA383970

 

 

[4]cid:image006.png@01D53715.AA383970  [5]uniofhull  
[6]cid:image007.png@01D53715.AA383970  [7]uniofhull  
[8]cid:image008.png@01D53715.AA383970  [9]universityofhull

 

References

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2. mailto:[email address]
5. https://www.snapchat.com/add/uniofhull
7. https://twitter.com/UniOfHull
9. https://www.facebook.com/UniversityOfHull/