Recruitment to Transport Strategy.

Marrk Keir made this Rhyddid Gwybodaeth request to Buckinghamshire Council

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Roedd y cais yn rhannol lwyddiannus.

Dear Buckinghamshire Council,

You engaged a new Director of Transport Strategy in January 2021. Could you please tell me how and when the post was advertised, how many candidates there were, how many were interviewed and, if this was a new post, what was the nearest equivalent beforehand.
Please tell me what are the responsibilities carried in the post and how they relate to HS2 operations in Buckinghamshire.

Yours faithfully,

Marrk Keir

Buckinghamshire Council

Dear Mark Keir

 

Thank you for your information request received on 12 October 2021.

 

We can confirm receipt of your request for information and will handle it
under the most appropriate legislation.  Your case reference number is FOI
30105

 

You can expect to receive a response by 09 November 2021.

 

The Council will be in touch if we need any further information.

 

Yours sincerely,

Information Management Team

Buckinghamshire Council

[1][Buckinghamshire Council request email]

[2]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

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are not necessarily those of Buckinghamshire Council unless explicitly
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References

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1. mailto:[Buckinghamshire Council request email]

Buckinghamshire Council

Dear Mark Keir

 

Thank you for your request for information received on 13 October 2021
concerning Recruitment for Director of Transport Strategy in January 2021.

 

This request has been handled under the Freedom of Information Act 2000. 
I can confirm that Buckinghamshire Council does hold information falling
within the description specified in your request.  Please find the
relevant details 

Request

You engaged a new Director of Transport Strategy in January 2021.  Could
you please tell me how and when the post was advertised, how many
candidates there were, how many were interviewed and, if this was a new
post, what was the nearest equivalent beforehand. Please tell me what are
the responsibilities carried in the post and how they relate to HS2
operations in Buckinghamshire

Response

1. How and when the post was advertised – around early/mid-March 2021. An
executive search firm was used

2. How many candidates there were – 7

3. How many were interviewed – 4

4. Was this a new post - No

5. What was the nearest equivalent beforehand – N/A

6. Please tell me what are the responsibilities carried in the post and
how they relate to HS2 operations in Buckinghamshire

The post is responsible for major infrastructure programmes on behalf of
the Council - HS2, EWR, England’s Economic Heartland, Heathrow Airport
expansion, Housing Infrastructure Fund programme. Responsible for liaising
with HS2 and EWR to minimise as far as possible impacts on
county. Development of high level transport strategy and policy and
delivery of other major highway infrastructure projects countywide. The
post also has Direct Line Management of service areas: HS2; East-West
Rail;  airports; highway infrastructure projects; Housing Infrastructure
Fund (HIF); transport strategy.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference number provided in the subject line of
this email in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you can contact us at [1][Buckinghamshire Council request email] or by
writing to us at Information Governance, Buckinghamshire Council, The
Gateway, Gatehouse Road, Aylesbury, HP19 8FF.

 

If you are not content with the outcome 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 internal review
procedure provided by Buckinghamshire Council.  You can contact the ICO
via their website [2]https://ico.org.uk/make-a-complaint/ or by writing to
them at Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone them on 0303
123 1113.

 

Yours sincerely

Amy Roscoe

Freedom of Information Manager

[3][Buckinghamshire Council request email]

[4]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. mailto:[Buckinghamshire Council request email]
2. https://ico.org.uk/make-a-complaint/
3. mailto:[Buckinghamshire Council request email]

Dear Buckinghamshire Council,

Please could you clarify, I understand the incumbent was in place Jan 2021, yet the advert for the post went out in March 21?
Could you show me the advert as posted, and the executive search firm employed.
Also please tell me who the previous incumbent was.
Please also confirm, that a post facing HS2 on behalf of BCC, was, out of a possible 7 applicants, filled by an ex-HS2 employee.

Yours faithfully,

Marrk Keir

Buckinghamshire Council

Dear Marrk Keir

 

Thank you for your request for information received on 09 November 2021
concerning Recruitment of Director of Transport Strategy.

 

This request has been handled under the Freedom of Information Act 2000. 
I can confirm that Buckinghamshire Council does hold information falling
within the description specified in your request.  Please find the
relevant details

1. Please could you clarify, I understand the incumbent was in place Jan
2021, yet the advert for the post went out in March 21?

2. Could you show me the advert as posted, and the executive search firm
employed.

3. Also please tell me who the previous incumbent was.

4. Please also confirm, that a post facing HS2 on behalf of BCC, was, out
of a possible 7 applicants, filled by an ex-HS2 employee.

 

The post was an existing post which was filled on an interim basis,
recruitment for a permanent post holder took place over a period of
months.

Information on the original advert as posted, recruitment firm and Council
structure can all be found published
here; [1]https://www.shaping-bucks.co.uk/.

 

In regard to the fourth part of your request regarding employment history
of an individual; this information is being withheld under section 40(2)
(with section 40(3A)(a)) of the Freedom of Information Act 2000.

 

Section 40(2) provides an exemption from disclosure for information that
is (a) the personal data of an individual other than the requester and (b)
where disclosure would breach any of the data protection principles in
Article 5 of the General Data Protection Regulation (GDPR).

 

It is our opinion that (a) is satisfied because the information requested
relates to personal information.

It is our opinion (b) is also satisfied because disclosure would breach
the data protection principle in Article 5(1)(a) of the GDPR. Article
5(1)(a) . This requires that personal data shall be: (a) processed
lawfully, fairly and in a transparent manner in relation to the data
subject. In the case of an FOIA request, the personal data is processed
when it is disclosed in response to the request.

 

Further, by Article 6(1) GDPR: - processing shall be lawful only if and to
the extent that at least one of the following applies: (a) the data
subject has given consent to the processing of his or her personal data
for one or more specific purposes; … (f) processing is necessary for the
purposes of the legitimate interests pursued by the controller or by a
third party, except where such interests are overridden by the interests
or fundamental rights and freedoms of the data subject which require
protection of personal data.

 

In this case, the Council recognise there is a legitimate interest in
council officers being appropriately appointed. However, in this case
disclosure is not necessary as the Council has published information to
show the recruitment process, and have answered your previous request on
this matter, which demonstrates the legitimate interests are met without
further disclosure. In this case disclosure would be unfair as the
individuals concerned have a legitimate expectation that their personal
employment history will not be released to the ‘world at large’ as under
FOIA.

 

I would also refer you to [2]First-tier Tribunal EA/2020/0017P. On appeal,
the First-tier Tribunal (Information Rights) (FTT(IR)) upheld the IC’s
decision, holding that the council had been permitted to withhold the
information regarding employee qualifications. Without satisfying the
lawful basis in Article 6(1)(f) of the GDPR, disclosure would have
breached the first data protection principle of lawful, fair and
transparent processing. If the applicant’s legitimate aim could be
achieved “by something less” than disclosure, disclosure was not
necessary.

 

Furthermore, the FOIA is a general right to access public information, not
a grievance process or complaints mechanism. The Council has a separate
formal procedures that govern this. The Council is therefore satisfied
that section 40(2) has been correctly applied and this information is
being withheld.

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference number provided in the subject line of
this email in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you can contact us at [3][Buckinghamshire Council request email] or by
writing to us at Information Governance, Buckinghamshire Council, The
Gateway, Gatehouse Road, Aylesbury, HP19 8FF.

 

If you are not content with the outcome 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 internal review
procedure provided by Buckinghamshire Council.  You can contact the ICO
via their website [4]https://ico.org.uk/make-a-complaint/ or by writing to
them at Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone them on 0303
123 1113.

 

Yours sincerely,

Amy Roscoe

Freedom of Information Manager

[5][Buckinghamshire Council request email]

[6]Thank you

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. https://eur03.safelinks.protection.outlo...
2. https://eur03.safelinks.protection.outlo...
3. mailto:[Buckinghamshire Council request email]
4. https://ico.org.uk/make-a-complaint/
5. mailto:[Buckinghamshire Council request email]

Dear Buckinghamshire Council,

I seek further clarification.
You are confirming that the post was given to an ex HS2 employee before any interview process? His past employment is clearly and publically visible on LinkedIn.
Please also clarify, the advert though undated suggests it was issued in April 21, not March?

Yours faithfully,

Marrk Keir

Freedom of Information, Buckinghamshire Council

God afternoon

Can you seek which further clarification you are seeking or are you requesting further information?

As advised as part of our original response; the post was an existing post which was filled on an interim basis, recruitment for a permanent post holder took place over a period of months.

Information on the original advert as posted, recruitment firm and Council structure can all be found published here; https://www.shaping-bucks.co.uk/.

The closing dates for the permanent post are on the link that has been previously supplied. The closing date was 6pm on Tuesday 6th April 2021.

Many thanks
Amy

Amy Roscoe
Freedom of Information Manager
Deputy Chief Executive Directorate
Buckinghamshire Council

01296 382394
[Buckinghamshire Council request email]

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