MID KENT SERVICES / MID KENT IMPROVEMENT PARTNERSHIP - Maidstone Borough Council

Ed Boyce made this Rhyddid Gwybodaeth request to Maidstone Borough 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.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Yn ôl y gyfraith, ym mhob amgylchiad, dylai Maidstone Borough Council fod wedi ymateb erbyn hyn. (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

Dear Maidstone Borough Council,

1 Please provide all records MBC holds relating to both MKIP and MKS a group of services established as service providers, especially regarding data protection rights DPA 2018 and GDPR and in particular data processing and sharing, for each shared service and for what purpose information is shared. A copy of the collaboration and service agreements for both partnerships and all shared services.

2 Include what relationship both partnerships have with MBC and if both MKIP and MKS still exist (if not provide the date of extinguishment and related documentation) confirm who created MKIP and who and how MKS was created as a separate entity. Supply a copy of all Minutes of all meetings including overview and scrutiny committees since inception and performance monitoring.

3 List all MKIP board members and all MKS board members, Heads of services and direct line managers and monitoring officers and scrunity committee members.

4 List of all projects, work programmes and contracts and arrangements made with MBC internal clients, who have been provided with a service and for all other clients provided with a service by both MKIP and MKS. Provide a list of internal and external clients for both MKIP and MKS.

5 List the name and position of all MKIP and MKS staff who were previously directly employed by MBC including Directors, Programme Managers, Auditors, Solictiors etc.

6 Provide a list of all financial accounts for each separate shared services for MKIP and shared services provided by MKS and external audits. Who holds and is responsible for this pool of funds?

7 The number of complaints made about these service providers for each service, especially relating to data processing and sharing. List the procedures in place for MBC sharing data with and between these partnerships and with their external clients.

8 Confirm how both of these partnerships are governed and overseen and whether they are required to abide by LGA 1972 and abide by normal access to information rules with regards to publishing information, reports and minutes of meetings, if not provide the reason.

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Dear Mr. Boyce

FREEDOM OF INFORMATION ACT REQUEST

Ref: FOI 3028

Thank you for your request for information. We will endeavour to provide our response within statutory timescales. However, please be aware that the Council is currently facing increased pressures due to COVID-19. The Information Commissioner has released guidance to help us through this difficult time which can be found here. It allows for a more measured approach in handling FOI requests, should it be needed.

After considering your request, we may decide to refuse to supply the information under a number of exemptions that exist in legislation. For details of these exemptions, please visit the Information Commissioner’s website: https://ico.org.uk/for-organisations/gui...

If you have any queries about this letter, please contact me. Please remember to quote the reference above in any future communications.

Yours sincerely

FOI Team
Policy and Information Team
Maidstone Borough Council, Maidstone House, King Street, Maidstone, Kent
ME15 6JQ
t 01622 602640 w www.maidstone.gov.uk

dangos adrannau a ddyfynnir

Complaints & FOI (MBC), Maidstone Borough Council

1 Atodiad

Date: 13/11/2020

Ref: FOI/3028

 

 

Dear Ed Boyce

 

FREEDOM OF INFORMATION ACT REQUEST

 

I am writing to confirm that the Council has now completed its search for
the information you requested.

 

A copy of the information is enclosed.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference above in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to request a review of our decision, please respond to
this email and I will pass it on to Mid Kent Legal Services to conduct a
review. Please ensure you outline your reasons for requesting a review.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF.

 

Yours Sincerely

 

FOI Team

Policy and Information

Maidstone Borough Council, Maidstone House King Street, Maidstone, Kent

ME15 6JQ

w [1]www.maidstone.gov.uk

To access our digital services please visit www.maidstone.gov.uk/service
Sign up to receive your Council Tax bill by email http://www.maidstone.gov.uk/emailbilling

We understand the importance of ensuring that personal data, including sensitive personal data is always treated lawfully and appropriately and that the rights of individuals are upheld.

We are required to collect, use and hold personal data about individuals. Data is required for the purposes of carrying out our statutory obligations, delivering services and meeting the needs of individuals that we deal with. This includes current, past and prospective employees, service users, members of the public, Members of the Council, our business partners and other local authorities or public bodies.

To view our full statement to see how your data will be stored and processed please visit https://maidstone.gov.uk/dataprotection

This email is confidential. If you receive it by mistake, please advise the sender by email immediately.
Any unauthorised use of the message or attachments is prohibited. Unless stated otherwise, any opinions are personal and cannot be attributed to Maidstone Borough Council.
Unless a purchase order is attached this email is not a contract or an order.
It is your responsibility to carry out Virus checks before opening any attachments.

References

Visible links
1. http://www.maidstone.gov.uk/

Dear Maidstone Borough Council,

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

I am writing to request an internal review of Maidstone Borough Council's handling of my FOI request 'MID KENT SERVICES / MID KENT IMPROVEMENT PARTNERSHIP - Maidstone Borough Council'.

Please review MBC decision to not provide all the information requested regarding your service provider MKIP now called MKS.

Thank you for agreeing to provide some information after confirming that section 12 is engaged and for confirming that Mid Kent Improvement Partnership (MKIP) board later changed to Mid Kent Services (MKS) board, is a 'directorate' that approved the name change only in 2017.

1. Please define what you mean by 'wrap up documents' and clarify 'directorate' and provide the names of those that setup the original MKIP that contains 'partnership' in the title.
2. It seems feasible that this would be in the public interest to know how MBC created a partnership with other councils and created what appears to be a council within a council to provide MBC and other council partners with 'individual services'. Please clarify what is meant by MKS OR shared services OF MBC, which could imply separate partnership/entities not necessarily belonging exclusively to MBC, although MBC may employ the services of MKS as a service provider who may also provide services to other partners.
3. Hopefully the ICO will find it reasonable to provide disclosure of a copy of the collaboration and service agreements as there is sufficient public interest and it is in the public interest to know, how and why these partnerships were created, who have access to private individuals information that is being processed and shared, often without their knowledge or consent. For instance, what authorisation does Patricia Narebor Head of MKS Legal who is both a member of staff of Swale Borough Council(SBC) and MBC Monitoring Officer(how is it possible to be a paid member of staff of two separate councils at the same time) have to access and share private information and under what circumstances.
4. Please also clarify if MBC are saying that MKS staff are not funded from a separate pool of funding provided by both MBC and your partners that make use of 'individual services' provided by MKS.
5. Who does authorise MKS providers to access and share information provided to MBC or it's partners without permission, please clarify what you mean by 'legitimate use for carrying out functions' and what these functions relate to when employing MKS and for what purpose.
6. MBC has also stated that The Mid Kent Enforcement Services, which come under Mid Kent Revenue and Benefits, does not have the right to direct access to your system, so please clarify what part of the Local Authorities (contracting out of tax, billing, collection and enforcement) Order 1996 grants them the right to have access to an individual's private information when MBC 'the service user' are the employer of MKS 'the service provider' but have no policy or procedure in place to access or share their information.

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

Yours faithfully,

Ed Boyce

Complaints & FOI (MBC), Maidstone Borough Council

Date: 26/11/20
Ref: FOI/3028
 
Dear Ed Boyce
 
Thank you for your request for an internal review. I have passed this on
to Mid Kent Legal Services to review your request and the response. You
will receive a response within 20 working days.
 
If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the complaints
procedure provided by the Council.  The Information Commissioner can be
contacted at: The Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire SK9 5AF. [1]https://ico.org.uk/
 
Yours sincerely,
 
Complaints & FOI Team
Policy & Information Team
Maidstone Borough Council, King Street, Maidstone, Kent ME15 6JQ
e [2][email address] w [3]www.maidstone.gov.uk
 
 

dangos adrannau a ddyfynnir

Gina Clarke,

1 Atodiad

Dear Mr Boyce,
Please see attached response to your request for an internal review.

Kind Regards
Gina Clarke

Team Leader
Corporate Governance Lawyer

MY WORKING DAYS ARE MONDAY,TUESDAY, THURSDAY, FRIDAY
Mid Kent Legal Services, Maidstone, Swale and Tunbridge Wells Borough Councils
Maidstone House, King Street, Maidstone, ME15 6JQ
t 01795 417119 email [email address]
The contents of this e-mail, together with any attachments, may be confidential or subject to legal professional privilege.  It should not be shared with anyone without first consulting Mid Kent Legal Services. 
If you are not the intended recipient, please do not forward this email or the attachments to anybody.  Please notify the sender and delete all copies of this email from your system.

       

dangos adrannau a ddyfynnir

Dear Gina Clarke,

Thanking you for confirming that MKS is a separate 'directorate'made up of and created by a select few individuals holding public office from amongst Ashford, Maidstone, Swale and Tunbridge Wells borough councils and formerly known as MKIP and that no actual 'wrap up documents' exist.

For clarifying this directorate does also provide services to external clients such as Dartford, Sevenoaks, Gravesham and Tonbridge and Malling borough councils, who are not party to your partnership arrangements.

When will the collaboration agreements and service agreements in relation to MKS providing services as a shared provider be released and who is MKLS Business Manager. Please provide working links to the information you have provided.

For confirming that information and data is being shared without consent between MBC and MKS and other councils. And that the MBC Monitoring Officer who is also Head of MKLS and directly employed by SBC ( who are being paid for these services via a funding pool) has a valid legal basis to process data without consent, public task or exercise of official authority vested in MBC, legal obligation or contractual obligation.

Are you saying she has this right whilst acting as MBC Monitoring Officer or when MKLS is acting as a service provider of legal services for MBC who are acting without consent. You appear to be saying Head of MKLS an employee of SBC had the right on every occasion to access and process data provided to MBC and without needing the consent of the individual.

Which precise GDPR sections of Article 6 and paragraphs of section 8 DPA 2018 are MKS both MKLS and MKRB and MKES using for taxation and please define what taxation and in which context, because the information appears to be conflicting and confusing .

Are you saying MBC legal basis is based on them providing a Liabilty order?

'The Council has clarified that MKES does not have direct access to MBC Council tax records because that would not be necessary or proportionate for the task carried out in the public interest or in the ex cerise of official authority vested in the Council.

However, where a Liabilty order has been made, there is a legal basis under the Local Authorities ( contracting out of tax, billing, collection and enforcement) Order 1996, in recovering that Liabilty, and for necessary information to be passed to MKES or in some cases to an external bailiff which is permitted under GDPR and DPA 2018'

Yours sincerely,

Ed Boyce

Gina Clarke,

Dear Mr Boyce,
I write further to your email dated 14 January.
I have reminded the Council about the Collaboration agreements and Service Agreements, and anticipate that they will ready to send to you next week.

Regards

Gina Clarke

dangos adrannau a ddyfynnir

Dear Gina Clarke,

Thank you for reminding the council that they are yet to comply with the law.

It is far in excess of a week can you please produce the Collaboration Agreements and Service Agreements and answer the questions sent on 14.1.2021.

Yours sincerely,

Ed Boyce

Gina Clarke,

 

Thank you for  your email, I am not working this afternoon  and do not
have access to my emails.  If you require an urgent response please
contact [1][email address]

 

Thank you

 

 

 

References

Visible links
1. mailto:[email address]

Dear Maidstone Borough Council,

When will MBC be providing your Collaboration agreements and Service agreements and providing answers requested on 14.1.2021 .

Council's must be transparent, especially when they are setting up partnerships and paying 'service providers' and outside bodies.

Yours faithfully,

Ed Boyce

Gina Clarke,

Dear Mr Boyce,
Thank you for your email of 5 February 2021.
I have been informed that due technology issues, this has led to a delay in collating the agreements. This is being resolved, and as soon as the agreements are available, I will forward them to you shortly.

Kind regards
Gina Clarke

dangos adrannau a ddyfynnir

Dear Gina Clarke,

This FOIR 18.10.2020 will be passed to the ICO for concealment of information if this is not produced.

MBC must not conceal information or stonewall.

Yours sincerely,

Ed Boyce

Gina Clarke,

 

Thank you for  your email, I am not working today  and do not have access
to my emails.  If you require an urgent response please contact
[1][email address]

 

Thank you

 

 

 

References

Visible links
1. mailto:[email address]

Gadawodd Ed Boyce anodiad ()

MID KENT SERVICES / MID KENT IMPROVEMENT PARTNERSIP - Maidstone Borough Council

What are they hiding and why ?

Gina Clarke,

4 Atodiad

Dear Mr Boyce

 

Attached are 4 of the collaboration agreements.

As the agreements are too big to send in one email, I am sending in 3
separate emails

As to your email of 14 January,  for information:

 

 MBC Monitoring Officer and also as Head of  MKLS Legal Services can
access and process data in the circumstances set out the internal review
outcome letter.

 

See ico guidance on Article 6 (e)  public task

 https://ico.org.uk/for-organisations/gui...

 

See link to section 8 (c) Data Protection Act

[1]https://www.legislation.gov.uk/ukpga/201...

 

“Are you saying MBC legal basis is based on them providing a Liabilty
order?”

As stated above GDPR Article 6 Section 8 Data Protection Act apply.

 

As previously stated if you are dissatisfied with the  out of the review,
then it is open you to refer the matter the ICO who contacts details of
are included in the outcome of the internal review letter.    

 

 

 

References

Visible links
1. https://www.legislation.gov.uk/ukpga/201...

Gina Clarke,

1 Atodiad

Please see attached

 

Gina Clarke,

1 Atodiad

Please see attached.