Report 194/18 and Appendix 1

The request was successful.

Dear Angus Council,
Please provide the above information, which I am unable to find on your website. FOI/EIR requests must be answered promptly not at the last minute.

Yours faithfully,

Gordon C Stalker

InformationGovernance, Angus Council

Dear Mr Stalker

 

Thank you for your information request dated 13 February 2019 (received by
Angus Council that same day).

 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

 

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

 

If you have any queries, please ask for me on 01307 491992 or email
[1][Angus Council request email]  

 

Yours sincerely

 

Martin Friedrich

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 491992

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

                                                             

Your Right to Request a Review by the Council

                                                               

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal & Democratic, Place Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [2][Angus Council request email] within 40 working days.

 

Your request must:                      

·         be in writing (or recordable format);

·         give your name and address for correspondence;

·         give details of the information which you originally requested
from the council;  and

·         give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[3]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [4][email address]

 

 

 

show quoted sections

Gordon C Stalker

Dear InformationGovernance,
My FOI request made on 13th February 2019 is overdue and you are breaking the law. The request concerns the sale of a property held on the Common Good Fund to a close relation of a councillor. While this information would normally be exempt, under the circumstances it would be best for you to disclose details of this unusual transaction to the public. If you do not provide this information I will request an internal review on the grounds that you were overdue in answering my request, which should be dealt with promptly.

Yours sincerely,

Gordon C Stalker

Gordon C Stalker

Dear Angus Council,

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

I am writing to request an internal review of Angus Council's handling of my FOI request 'Report 194/18 and Appendix 1'.

You have not answered my enquiry within 20 working days or replied to my follow up reminder.

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

Yours faithfully,

Gordon C Stalker

InformationGovernance, Angus Council

NO RESPONSE - APOLOGY

Dear Mr Stalker

I refer to your undernoted request for information. Please accept my apologies that the Council has not been able to issue a response to you by the statutory deadline of 13 March 2019. I have emailed the officer dealing with your request to remind them that your request is overdue.

Please refer to the attached information which explains your right to complain if you are unhappy with how the Council has dealt with your request. If you have any queries, please contact me on 01307 491808 or email [Angus Council request email]

show quoted sections

HendersonD, Angus Council

3 Attachments

Dear Mr Stalker

 

I believe my colleague has sent an apology to you yesterday for not
issuing a response to your FOI request prior to the deadline of the 13
March 2019.  Your request has been passed to myself for processing, again
please accept my apologies for the delay in replying.

 

Although the report was exempt due to commercial confidentiality as the
transaction has now been completed I can release the information contained
in the report as per your request.  Please find attached a copy of the
report, I have redacted one part of Appendix 2 which appears to be a
private mobile telephone number, this is to ensure the Council doesn’t
issue personal data which may be in breach of data protection regulations.

 

The report contained two options for the Council to consider, confirmation
of the option that was approved is contained in the minutes from the Angus
Council committee meeting held on the 14 June 2018.  The minutes are
available on the Council’s website and to assist you in accessing this
information please click on this hyperlink:
[1]http://www.angus.gov.uk/sites/angus-cms/...

 

As the transaction is now complete further information on land
transactions can be found by way of record searching and title examination
at the (hyperlink) [2]Registers of Scotland.

 

In compiling responses to information requests we invariably use
information which is routinely published on the [3]Council’s website or
through its [4]Publication Scheme.  If you require further information
please first check that the information you want is not routinely
published as any such information is exempt from release in terms of
Section 25 of the Freedom of Information (Scotland) Act 2002 or Regulation
6(1)(b) of the Environmental Information (Scotland) Regulations 2004.

Please note that the information contained in this reply is believed to be
accurate as at today’s date (unless otherwise indicated) but no warranty
is given.  Further, Angus Council does not accept liability for any loss,
injury or damage which arises from the use of the information contained in
this reply either by you or by any other party.  Please refer to the
information set out in the Appendix which explains your right to complain
if you are unhappy with how the Council has dealt with your request.

If you have any other queries, please contact me using the details below.

 

Regards

 

 

Douglas Henderson |  Manager Property Asset| Angus Council |
Infrastructure | Assets|01307 49 2057 | [5][email address] |
[6]www.angus.gov.uk

 

[7]cid:783050309@03022015-153A[8]Follow us on Twitter

[9]cid:783050309@03022015-1541[10]Visit our Facebook page

 

Think green – please do not print this email

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

Your Right to Request a Review by the Council

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal and Democratic, Place, Angus
Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or e-mail
[11][Angus Council request email] within 40 working days.

Your request must:

o be in writing (or recordable format);
o give your name and address for correspondence;
o give details of the information which you originally requested from
the council;  and
o give the reasons why you are dissatisfied with the way in which your
application for information has been dealt with.

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

Your Right to Appeal to the Scottish Information Commissioner

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);
o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[12]http://www.itspublicknowledge.info/YourR...
or by contacting:

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [13][email address]

 

 

 

 

 

 

From: InformationGovernance
Sent: 20 March 2019 15:45
To: GarnessAE
Cc: HendersonD
Subject: FOI Request 205/19: What do they know - Report 194/18 and
Appendix 1

 

Anne

 

This request is now overdue.  Apology has been issued.  Doug now
responsible for the response.   Doug advises that he sees no reason why we
cannot now release this report  as the information is now in the public
domain.   As monitoring officer can we issue this report?

 

Regards

 

Cath

 

From: FriedrichM
Sent: 15 February 2019 14:33
To: ScottW <[14][email address]>
Cc: CommunitiesBusinessSupport
<[15][email address]>
Subject: FW: FOI Request 205/19: What do they know - Report 194/18 and
Appendix 1

 

Walter – can you deal with this please.  The question might be to what
extent it would be detrimental (either to council or third parties) to
release (an extract from) the report.

 

Thanks

 

Martin

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 491992

 

From: InformationGovernance
Sent: 15 February 2019 14:30
To: '[FOI #552309 email]'
<[16][FOI #552309 email]>
Subject: FOI Request 205/19: What do they know - Report 194/18 and
Appendix 1

 

Dear Mr Stalker

 

Thank you for your information request dated 13 February 2019 (received by
Angus Council that same day).

 

If we are unable to provide you with a response within 20 working days, we
will advise you of this in writing.

 

Please refer to the information below which explains your right to
complain if you are unhappy with how the Council is dealing with your
request.

 

If you have any queries, please ask for me on 01307 491992 or email
[17][Angus Council request email]  

 

Yours sincerely

 

Martin Friedrich

 

 

 

___________________________________________

Martin Friedrich | Paralegal-FOI | Place - Legal & Democratic| Angus
Council |Angus House | Orchardbank Business Park | Forfar | DD8 1AN | DX
530678| Tel: 01307 491992

 

 

 

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

ENVIRONMENTAL INFORMATION (SCOTLAND) REGULATIONS 2004

INSPIRE (SCOTLAND) REGULATIONS 2009

                                                             

Your Right to Request a Review by the Council

                                                               

If you are dissatisfied with the way in which Angus Council has dealt with
your request for information under any of the above statutory instruments,
you have a right to ask the council to review its actions and/or decisions
regarding your request. If you wish to do this, you should make your
request to the Service Leader – Legal & Democratic, Place Directorate,
Angus Council, Angus House, Orchardbank Business Park, Forfar DD8 1AN or
e-mail [18][Angus Council request email] within 40 working days.

 

Your request must:                      

·        be in writing (or recordable format);

·        give your name and address for correspondence;

·        give details of the information which you originally requested
from the council;  and

·        give the reasons why you are dissatisfied with the way in which
your application for information has been dealt with.

 

Your application for review will then be considered by the council’s
review panel.  The review panel will write to you informing you of its
decision not later than 20 working days after receipt of your request for
a review. The review panel will also provide you with a statement of its
reasons for arriving at the decision it has made.

 

Your Right to Appeal to the Scottish Information Commissioner

 

If you are dissatisfied with a decision of the council's review panel (or
where the review panel has not provided you with a response), you have the
right to apply to the Scottish Information Commissioner for a decision as
to whether your request for information has been dealt with by the council
in accordance with the above statutory instruments.

 

Your application to the Scottish Information Commissioner must:

o be in a recordable format (letter, e-mail, audio tape etc);

o give your name and address for correspondence.
o give details of the request for information which you originally
requested from the council;
o give details of why you were dissatisfied with the council’s response
to your original request;
o give details of why you were dissatisfied with the decision of the
council's review panel.

 

In the case of an EIR or FOI request your application to the Scottish
Information Commissioner must be made within 6 months of receipt of the
decision of the council’s review panel (or within 6 months of the date
that the review panel should have responded).  No such time limit applies
under the 2009 Regulations. 

 

Appeals to the Commissioner can be lodged online through the following
hyperlink:

[19]http://www.itspublicknowledge.info/YourR...
or by contacting:

 

Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9BS; Telephone - 01334 464610; Fax - 01334 464611;
Email - [20][email address]

 

 

 

show quoted sections