Public Sector Equality Duty and Traffic and Transport Planning - Needs of Disabled People
Dear Haringey Borough Council,
I am requesting the previously requested following information:
"Given Haringey Council's Public Sector Equality Duty, please provide any information to indicate whether the Traffic and Transport Planning needs of Disabled people and newly arrived communities, including Polish people and Romanian people are the same or different to that of the Haringey population as a whole."
Please refer to the following link for the details of the background to my enquiry including Kirsten Hearn, the Cabinet Member for the Environment's statement on 23rd December 2018. https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Ms M Jennings
Dear Ms Jennings,
I am in receipt of your below email requesting information about Traffic
and Transport Planning. I note that this is a duplicate request to your
previous FOI request made under reference LBH/9252619. As our response
would be identical to the response you received on 26 June 2019 we have
not treated this as a separate enquiry.
If you are dissatisfied with how we have handled your request you may
complain to the Information Commissioner, who may be able to help you.
Please note that if you wish to refer this case to the Information
Commissioner, they normally ask that you do so within two months of our
response to you.
You can contact the Commissioner by email: [1][email address]
Information about their services is on their website: [2]www.ico.org.uk
Yours sincerely
Claire Gilmour
Corporate Feedback Officer
From: Ms M Jennings
Sent: Thursday, March 5, 2020 4:38 PM
To: FOI
Subject: Freedom of Information request - Public Sector Equality Duty and
Traffic and Transport Planning - Needs of Disabled People
Dear Haringey Borough Council,
I am requesting the previously requested following information:
"Given Haringey Council's Public Sector Equality Duty, please provide any
information to indicate whether the Traffic and Transport Planning needs
of Disabled people and newly arrived communities, including Polish people
and Romanian people are the same or different to that of the Haringey
population as a whole."
Please refer to the following link for the details of the background to my
enquiry including Kirsten Hearn, the Cabinet Member for the Environment's
statement on 23rd December 2018.
[3]https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Ms M Jennings
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #652634 email]
Is [Haringey Borough Council request email] the wrong address for Freedom of Information
requests to Haringey Borough Council? If so, please contact us using this
form:
[4]https://www.whatdotheyknow.com/change_re...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[6]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Dear Haringey Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Haringey Borough Council's handling of my FOI request 'Public Sector Equality Duty and Traffic and Transport Planning - Needs of Disabled People'.
You state that you are refusing my request for information because you refused an identical request previously.
However, you refused to carry out an internal review in respect of my original request for information. What would have been the outcome of the internal review? You have not stated what the outcome of the internal review of my original request would have been.
I therefore request request an internal review of your decision to refuse my new information request.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Ms M Jennings
Dear Ms Jennings,
Thank you for your email of 06 March 2020.
As we have previously advised, as your request is a duplicate we will not
treat this as a new or separate enquiry. We will also not carry out an
Internal Review of the refusal to log your duplicate request as a new
request, and your previous response is now out of time to escalate as you
are aware. We will not respond to any further correspondence on the
matter, however if you are dissatisfied with how we have handled your
request you may complain to the Information Commissioner, who may be able
to help you. Please note that if you wish to refer this case to the
Information Commissioner, they normally ask that you do so within two
months of our response to you.
You can contact the Commissioner by email: [1][email address]
Information about their services is on their website: [2]www.ico.org.uk
Yours sincerely,
Corporate Feedback Team
From: Ms M Jennings
Sent: Friday, March 6, 2020 11:04 AM
To: FOI
Subject: Internal review of Freedom of Information request - Public Sector
Equality Duty and Traffic and Transport Planning - Needs of Disabled
People
Dear Haringey Borough Council,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Haringey Borough Council's
handling of my FOI request 'Public Sector Equality Duty and Traffic and
Transport Planning - Needs of Disabled People'.
You state that you are refusing my request for information because you
refused an identical request previously.
However, you refused to carry out an internal review in respect of my
original request for information. What would have been the outcome of
the internal review? You have not stated what the outcome of the internal
review of my original request would have been.
I therefore request request an internal review of your decision to refuse
my new information request.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[3]https://www.whatdotheyknow.com/request/p...
Yours faithfully,
Ms M Jennings
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #652634 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://www.whatdotheyknow.com/help/offi...
For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[5]https://www.whatdotheyknow.com/help/ico-...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
Gadawodd Ms M Jennings anodiad ()
Reference IC-42713-V7T4
The Commissioner’s view
27. In the Commissioner’s view, the London Borough has provided all the
information it holds and, on the balance of probabilities, holds no further
information.
28. The complainant’s arguments as to why more information is held are in
essence an argument that the London Borough is failing to comply with
its duties under the Equality Act 2010. Such matters are not for the
Commissioner to determine and she offers no judgment on the matter
either way. Her only concern is whether more information is, as a
matter of fact, held.
29. The Commissioner considers it a reasonable inference that such
information that the London Borough held “to indicate whether the
Traffic and Transport Planning needs of Disabled people and newly
arrived communities, including Polish people and Romanian people are
the same or different to that of the Haringey population as a whole”
would be contained within its EqIAs. The fact that the complainant
appears to believe that the London Borough’s EqIAs are inadequate for
the purpose does not, in itself, indicate that further recorded information
is held.
30. The Commissioner considers that all the information that the London
Borough has now provided was available to the complainant already but
the complainant has been provided with copies anyway.
31. It is not the Commissioner’s role to make a ruling on how a public
authority deploys its resources, on how it chooses to hold its
information, or on the strength of its business reasons for holding
information in the way that it does as opposed to any other way. Rather,
in a case such as this, the Commissioner’s role is simply to decide
whether or not the requested information is held by the public authority.
On that point, the Information Tribunal in the case of Johnson v
Information Commissioner EA/2006/0085 commented that the FOIA:
“… does not extend to what information the public authority should
be collecting nor how they should be using the technical tools at
their disposal, but rather it is concerned with the disclosure of the
information they do hold.”
Reference: IC-42713-V7T4
7
32. The Commissioner is now satisfied that, such information as the London
Borough held at the time it responded to the request has now been
provided. On the balance of probabilities, the London Borough holds no
further information within the scope of the request.
Procedural matters
33. As the London Borough did not provide all the information it held within
20 working days of receiving the request it breached regulation 5(2) of
the EIR.
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now
Gadawodd Ms M Jennings anodiad ()
On 6.03.2020 a complaint was made to the Information Commissioner regarding the refusal.