Sustrans correspondence

Suzanne Kelly made this Freedom of Information request to Aberdeen City 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.

Gwrthodwyd y cais gan Aberdeen City Council.

Dear Aberdeen City Council,

Please send me all correspondence (to include but not be limited to: internal and external, email, memo, letter, file notes, reports, meeting minutes, phone call records), invoices, bills, statements, that mention Sustrans by name or implication and/or 'Spaces for People' from 1 March 2020 through today's date. Parties mentioned in such documents may include one, some or all of these: Aberdeen, Aberdeen City Council and its officers, staff, Scottish government personnel, Sustrans and its personnel; any outside contractor who supplied materials used in Spaces for People to include whomever is building the wooden benches called 'parklets'. This should be very clear and require no further clarification from me, but do ask you are somehow unsure of the request. It is my goal to seek any and all documents, records, financials in this short time period that involve Sustrans and the Spaces for People initiative - and explain how the £1.76 million pounds Sustrans and ACC have to spend is being used. I expect this will also include the means by which ACC applied for this fund ie its application, subsequent meeting information, etc.

Yours faithfully,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

1 Atodiad

Dear Ms Kelly,

 

Information enquiry reference EIR-20-0785.

 

Thank you for your recent request for information, which we received on 11
August 2020.   

 

The scheduled date for our response to your request for information is on
or before 08 September 2020.

 

However, we have concerns that the scope of your request is too broad and
it is likely to exceed the statutory cost limit (£600) to response to your
information request, breaching Regulation 10(4)(b) – manifestly
unreasonable  – of the EIRs.

 

To ensure your request is not refused on the grounds outlined above, we
would ask you to consider whether you could narrow the scope of your
request by reducing the timescale or parties invovled.

 

Please do not hesitate to contact us should you have any queries in the
meantime.

 

We look forward to hearing from you.

 

Yours sincerely,

 

[1]ACC_Crest_for Salomeh Kheyri Rad | Access to Information Officer
mac email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  | Broad
Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166

[2]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
2. http://www.aberdeencity.gov.uk/

Dear Foi Enquiries,

Thank you for your message.

Are you actually saying that your electronic storage systems are such that in a roughly six month period you would not be able to search on the terms 'Sustran' and 'Spaces for People' - or use some other means to find the documentation about how ACC is handling a £1.76 million pound budget? I do not accept that as reasonable. If you are keeping your records stored correctly, you will be able to identify what staff/committees/groups work on Spaces for People swiftly, and then easily electronically search this small tien frame for its correspondence with ease, saving search results electronically and saving them electronically. This should not cost nearly £600 - so I suggest you think again, and now please show me the calculations leading you to this conclusion,

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Dear Ms Kelly,

Thank you for your e-mail.

When we looked into the scope of your request, we thought there is a potential for the required information to be refused based on the 'Manifestly Unreasonable' exemption, however, we cannot confirm at this stage.

If we reach the conclusion that the above exemption is applicable, we will explain the reasons in details in the response to you.

Kind regards,

Salomeh Kheyri Rad | Access to Information Officer
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College | Business Hub 6 | 1st Floor | Broad Street | Aberdeen | AB10 1AB

Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

dangos adrannau a ddyfynnir

Dear Foi Enquiries,

Let me know at your early convenience if this request, for a project with very specific search terms ('Sustrans' Spaces for People', £1.76 million for instance) for a project ('Spaces for People') which has not been in existence for more than more than 6 months maximum, for which I gave a c 6 month search period window, falls under your 'Manifestly Unreasonable' criteria, and I will immediately share that decision with the periodicals I write for and the Information Commissioner's office. By now, however, I suspect that the city is able to pinpoint all the documentation that have led to the project with its very high-profile outcomes the wooden benches (aka 'parklets') and £100,000 planned artwork commission; I am certain you should be able to use your electronic document management systems to easily find the data you hold and supply same electronically, requiring little time or cost.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

Hello Suzanne,

Thank you for your email, your comments are duly noted.

Kind Regards

Claire Barranger-Clark

Claire Barranger- Clark Senior Access to Information Officer / Crisis Support Team Leader
Aberdeen City Council | Access to Information Team | Customer Feedback |Customer
Marischal College |Business Hub 6,  1st Floor | Broad Street | Aberdeen | AB10 1AQ

Dial: 01224 522166
www.aberdeencity.gov.uk | Twitter: @AberdeenCC | Facebook.com/AberdeenCC

dangos adrannau a ddyfynnir

Foi Enquiries, Aberdeen City Council

2 Atodiad

Dear Ms Kelly,

 

Please accept our sincerest apologies as we unable to respond to your
information request within the statutory deadline.  We will endeavour to
give you a response within the next 5 working days.

 

We would like to take this opportunity to advise you that, if we miss the
statutory deadline for responding, you are entitled to request a review. 
More information about requesting a review is included in the Further
Information section, below.

 

FURTHER INFORMATION

 

If ACC has failed to respond to your information request within the
statutory 20 working days you can submit a complaint or request a review
of our response. You should do this within 40 working days after receipt
of this information. To complain or request a review, please write to:

 

Access to Information Team
Customer Feedback
Corporate Experience
Aberdeen City Council
1^st Floor South

Business Hub 6

Marischal College
Broad Street
ABERDEEN AB10 1AB

Email: [1][Aberdeen City Council request email]

Your request for review must include your name, an address, and your
reason(s) for requesting a review. You should also include the reference
number for your original request for information.

               

If you are not satisfied with the outcome of your request for review, you
can apply directly to the Office of the Scottish Information Commissioner
(OSIC) for a decision. Generally, OSIC cannot make a decision unless you
have been through the Council’s review procedure. The Scottish Information
Commissioner can be contacted at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[2]www.itspublicknowledge.info

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely

 

[3]ACC_Crest_for mac Access to Information Team
email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  |
Broad Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166   

Email: [4][Aberdeen City Council request email]

Email: [5][email address]

[6]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

                                              

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. mailto:[Aberdeen City Council request email]
2. http://www.itspublicknowledge.info/
4. mailto:[Aberdeen City Council request email]
5. mailto:[email address]
6. http://www.aberdeencity.gov.uk/

Foi Enquiries, Aberdeen City Council

3 Atodiad

Dear Ms Kelly,

 

Thank you for your information request of 11 August 2020.  Aberdeen City
Council (ACC) has completed the necessary search for the information
requested. Our response is now detailed below.

 

Please send me all correspondence (to include but not be limited to:
internal and external, email, memo, letter, file notes, reports, meeting
minutes, phone call records), invoices, bills, statements, that mention
Sustrans by name or implication and/or 'Spaces for People' from 1 March
2020 through today's date.  Parties mentioned in such documents may
include one, some or all of these:  Aberdeen, Aberdeen City Council and
its officers, staff, Scottish government personnel, Sustrans and its
personnel; any outside contractor who supplied materials used in Spaces
for People to include whomever is building the wooden benches called
'parklets'.

Please see attached: SfP Financial Statement as at 31 August 2020.

 

Please note that information relating to Spaces for People can be found on
our website at:
[1]https://www.aberdeencity.gov.uk/services...

 

We are unable to provide you with all of the requested information as it
is excepted from disclosure. In order to comply with our obligations under
the terms of Regulation 13 of the EIRs, we hereby give notice that we are
refusing your request under the terms of Regulation 10(4)(b) – Manifestly
Unreasonable - of the EIRs.

 

In making this decision we considered the following points:

 

This request would require our officers to extract and prepare information
contained in the files and email correspondence to/from staff associated
with Spaces for People programme. There are over 100 files directly
associated with the Spaces for People programme and in excess of 3000
items of correspondence spread across multiple officers email and teams
accounts.  The time taken to extract this information and prepare it for
issuing, optimistically at 2mins an item it would take an officer over 2
weeks.

 

The correspondence alone  would take 3000 x 2 minutes – 6000 minutes / 60
= 100 hours @ a cost of £ 15 per hour  = £1,500.

 

Collating all the information requested would also seriously impede on
officers’ other duties.

 

This would be considered a burden on time and resources for us as we would
have to remove an officer from their normal duties for 2 weeks to
concentrate on this request alone. It would cost a great deal in extra
hours that would be required in order to fulfil the other duties left
unattended while focusing on this request.

 

We would be happy to discuss ways in which you may refine your request, so
we can provide some information of interest to you within the maximum cost
limits. Please do contact the Access to Information Team, who will be
happy to advise you, if this is something you would like to pursue.

 

INFORMATION ABOUT THE HANDLING OF YOUR REQUEST

 

As the information which you requested is environmental information, as
defined under Regulation 2(1) of the Environmental Information (Scotland)
Regulations 2004 (the EIRs), we considered that it was exempt from release
through FOISA, and must therefore give you notice that we are refusing 
your request under Section 39(2) of FOISA (Freedom of Information
(Scotland) Act 2002).  However, you have a separate right to access the
information which you have requested under Regulation 5 of the EIRs, under
which we have handled your request. Please refer to [2]FOISA reviews &
appeals and [3]Your Data for more information about your rights under the
EIRs.

 

We hope this helps with your request.

 

Yours sincerely,

 

[4]ACC_Crest_for mac Access to Information Team
email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  |
Broad Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166   

Email: [5][Aberdeen City Council request email]

Email: [6][email address]

[7]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

                                              

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. https://www.aberdeencity.gov.uk/services...
2. https://www.aberdeencity.gov.uk/services...
3. https://www.aberdeencity.gov.uk/your-dat...
5. mailto:[Aberdeen City Council request email]
6. mailto:[email address]
7. http://www.aberdeencity.gov.uk/

Dear Aberdeen City Council,

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

I am writing to request an internal review of Aberdeen City Council's handling of my FOI request 'Sustrans correspondence'.

As usual, you are late in answering; considering Covid-19's impact on the country, I will not ask for your internal review to address the usual lateness this time.

However, if you are representing to me that your files are paper files and not electronic, and that you find it too expensive and time-consuming to supply correspondence on the controversial, money-wasting project which has ultimately succeeded in doing little more than building benches which do not fight Covid-19, that excuse is wholly unacceptable. Public money is at stake, public health is at stake, the public have a right to this information. I would remind you of previous Information Commissioner findings during which ACC tried to claim information was too expensive or difficult to retrieve - and the IC's office agreed with me that it was indeed faster, easier and less expensive to find data than ACC had represented. This project is barely six months in existence: if ACC does not have a handle on its correspondence, I will look forward to your internal review's explanations as to why in this electronic age, when you can easily scan and store incoming and outgoing correspondence - and that you have a document schedule that demands you do so - you are incapable of answering my request for correspondence. I will promptly bring this to the excuse of councillors and other interested parties.

I look forward to your changing your mind - or to a comprehensive explanation as to how ACC can't handle 6 months' worth of correspondence on the Spaces for People project for the city.

Suzanne Kelly

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

Yours faithfully,

Suzanne Kelly

Dear Foi Enquiries,

PS - please also ensure that your internal review explains why anyone would need to collate these documents? I didn't ask for this to be done, and even if, as you somehow suggest without having done a search, this involves hundreds of folders and thousands of documents, I can happily collate them myself.

Yours sincerely,

Suzanne Kelly

Foi Enquiries, Aberdeen City Council

2 Atodiad

Dear Ms Kelly,

 
Thank you for your request for a review, received on 11 September 2020, to
reconsider the information request EIR-20-0785 - Parklets that you are not
satisfied with the content of the response from Aberdeen City Council
(ACC). Under the Freedom of Information (Scotland) Act 2002 (FOISA), if an
applicant writes to ACC expressing dissatisfaction with the way in which
ACC has dealt with their request (this includes enquiring about the status
of a late response), ACC must treat this as a formal request for review.
The applicant does not need to specifically ask for a review.

In accordance with the timescales set out in FOISA, you should receive a
review outcome on or before 9 October 2020. If ACC fails to provide you
with a response by that date, you can apply to the Office of the Scottish
Information Commissioner (OSIC) to make a decision. Please refer to the
Further Information section below.

We would also take this opportunity to advise you that you will have no
further opportunities to seek a review at local authority level after your
response has been provided, as FOISA allows applicants to have one review
only. If you receive your response and disagree with any aspect of it, you
should contact OSIC directly.

FURTHER INFORMATION

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

The Office of the Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
[1]www.itspublicknowledge.info

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

You must also specify:

● which request for information your requirement for review relates to
● the reason that you asked ACC to carry out a review of your request
● the reason why you are not satisfied with ACC's review outcome decision

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

Yours sincerely,

 

[2]ACC_Crest_for mac Access to Information Team
email
Aberdeen City Council | Access to Information Team |
Customer Feedback |Customer

Marischal College | Business Hub 6 | 1^st Floor  |
Broad Street | Aberdeen | AB10 1AB

 

Dial: 01224 522166   

Email: [3][Aberdeen City Council request email]

Email: [4][email address]

[5]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

                                              

 

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.itspublicknowledge.info/
3. mailto:[Aberdeen City Council request email]
4. mailto:[email address]
5. http://www.aberdeencity.gov.uk/

Derek Jamieson, Aberdeen City Council

1 Atodiad

Dear Ms Kelly 

 

Thank you for your email of 11 September 2020 requesting that Aberdeen
City Council (ACC) review its handling of your request. I can now advise
you that we have undertaken an internal review of our decision and the
findings are set out below.

 

Review details

 

You requested that we review our decision based on the following:-

Please pass this on to the person who conducts Freedom of Information
reviews.I am writing to request an internal review of Aberdeen City
Council's handling of my FOI request 'Sustrans correspondence'.As usual,
you are late in answering; considering Covid-19's impact on the country, I
will not ask for your internal review to address the usual lateness this
time. However, if you are representing to me that your files are paper
files and not electronic, and that you find it too expensive and
time-consuming to supply correspondence on the controversial,
money-wasting project which has ultimately succeeded in doing little more
than building benches which do not fight Covid-19, that excuse is wholly
unacceptable.  Public money is at stake, public health is at stake, the
public have a right to this information.  I would remind you of previous
Information Commissioner findings during which ACC tried to claim
information was too expensive or difficult to retrieve -and the IC's
office agreed with me that it was indeed faster, easier and less expensive
to find data than ACC had represented.  This project is barely six months
in existence:  if ACC does not have a handle on its correspondence, I will
look forward to your internal review's explanations as to why in this
electronic age, when you can easily scan and store incoming and
outgoing correspondence -and that you have a document schedule that
demands you do so -you are incapable of answering my request for
correspondence.  I will promptly bring this to the excuse of councillors
and other interested parties. I look forward to your changing your
mind -or to a comprehensive explanation as to how ACC can't handle 6
months' worth of correspondence on the Spaces for People project for the
city.PS -please also ensure that your internal review explains why anyone
would need to collate these documents?  I didn't ask for this to be done,
and even if, as you somehow suggest without having done a search, this
involves hundreds of folders and thousands of documents, I can happily
collate them myself. 

 

Review outcome

 

The Review Panel resolved to uphold the Council’s application of
Regulation 10(4)(b) – Manifestly Unreasonable – of the EIRs.  

 

The panel considered the initial response provided to you and were
satisfied that the request, as submitted, would involve a considerable
volume of electronic and paper searching and checking across
the organisation given the many people involved with the Spaces for People
Project. The Panel Members were therefore satisfied that the application
of the 'Manifestly Unreasonable' exemption was appropriate in the initial
response.
 
The Panel Members wished to remind you that ACC would be happy to discuss
ways in which you may refine your request, so we can provide further
information of interest to you within the maximum cost limits. You
should contact the Access to Information Team, who will be happy to advise
you, if this is something you would like to pursue.

What happens next?

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[1]www.itspublicknowledge.info

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

Derek Jamieson

Review Panel Clerk

Derek Jamieson | Committee Services Officer

Aberdeen City Council | Governance

Town House (1^st Floor) | Broad Street |
Aberdeen | AB10 1AQ

[2]ACC_Crest_for mac email  

Direct Dial: 01224 523057

[3]www.aberdeencity.gov.uk

| Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

Please note that I work variable hours on variable days

IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. http://www.itspublicknowledge.info/
3. http://www.aberdeencity.gov.uk/

Dear Derek Jamieson,

Thank you for your correspondence. You are representing that a project that is only just over half a year old, the outcome of which is to build 'parklets' and wooden bus stops (and an abandonded bid to spend £100,000 on artwork) involves such a huge number of people and documentation it is too expensive to disclose it. This sits in opposition to other requests, eg when I received a huge volume of documentation about Tullos hill and the deer cull. I have grave concerns not only about the value for money of the Spaces for People project, but for how Aberdeen is operating. If this project is using up such a great deal of admin time on correspondence and reports it must be costing the city a great deal of money to manage: the public not only have a right to know about Spaces for People, but now they need to know why such a venture would have to take up so much admin time and involve a large number of people: it looks as if taxpayer money is being wasted on layers of administration needlessly.

In any event, we will see what the Information Commissioner's office thinks.

Yours sincerely,

Suzanne Kelly

Derek Jamieson, Aberdeen City Council

I return on Monday 12 October; if your enquiry is urgent, please contact
[1]Committee Services.
IMPORTANT NOTICE: This e-mail (including any attachment to it) is
confidential, protected by copyright and may be privileged. The
information contained in it should be used for its intended purposes only.
If you receive this email in error, notify the sender by reply email,
delete the received email and do not make use of, disclose or copy it.
Whilst we take reasonable precautions to ensure that our emails are free
from viruses, we cannot be responsible for any viruses transmitted with
this email and recommend that you subject any incoming email to your own
virus checking procedures. Unless related to Council business, the
opinions expressed in this email are those of the sender and they do not
necessarily constitute those of Aberdeen City Council. Unless we expressly
say otherwise in this email or its attachments, neither this email nor its
attachments create, form part of or vary any contractual or unilateral
obligation. Aberdeen City Council's incoming and outgoing email is subject
to regular monitoring.

References

Visible links
1. [email address]
mailto:[email address]

Foi Enquiries, Aberdeen City Council

Dear Ms Kelly,

 

Please find below links to publicly available Committee papers which have
more detail in relation to your earlier request in relation to how the
Spaces for People funding was spent.

 

[1]http://councilcommittees.acc.gov.uk/docu...
(see item 9.8)

[2]http://councilcommittees.acc.gov.uk/docu...
(see. Item 9.8 – page 161)

 

If you have any queries from reading these, please get back in contact
with us, and we will be happy to assist you.

 

Kind Regards

 

Claire Barranger-Clark

 

 

Claire Barranger- Clark Senior Access to Information Officer / Crisis
Support Team Leader

Aberdeen City Council | Access to Information Team | Customer Services |
Customer Experience | Customer

Marischal College |Business Hub 6,  1^st Floor | Broad Street | Aberdeen |
AB10 1AQ

 

Dial: 01224 522166

[3]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

From: Derek Jamieson <[email address]>
Sent: 30 September 2020 12:01
To: Suzanne Kelly <[FOI #683529 email]>
Cc: Foi Enquiries <[email address]>
Subject: Review Outcome Notice

 

Dear Ms Kelly 

 

Thank you for your email of 11 September 2020 requesting that Aberdeen
City Council (ACC) review its handling of your request. I can now advise
you that we have undertaken an internal review of our decision and the
findings are set out below.

 

Review details

 

You requested that we review our decision based on the following:-

 

Please pass this on to the person who conducts Freedom of Information
reviews.I am writing to request an internal review of Aberdeen City
Council's handling of my FOI request 'Sustrans correspondence'.As usual,
you are late in answering; considering Covid-19's impact on the country, I
will not ask for your internal review to address the usual lateness this
time. However, if you are representing to me that your files are paper
files and not electronic, and that you find it too expensive and
time-consuming to supply correspondence on the controversial,
money-wasting project which has ultimately succeeded in doing little more
than building benches which do not fight Covid-19, that excuse is wholly
unacceptable.  Public money is at stake, public health is at stake, the
public have a right to this information.  I would remind you of previous
Information Commissioner findings during which ACC tried to claim
information was too expensive or difficult to retrieve -and the IC's
office agreed with me that it was indeed faster, easier and less expensive
to find data than ACC had represented.  This project is barely six months
in existence:  if ACC does not have a handle on its correspondence, I will
look forward to your internal review's explanations as to why in this
electronic age, when you can easily scan and store incoming and
outgoing correspondence -and that you have a document schedule that
demands you do so -you are incapable of answering my request for
correspondence.  I will promptly bring this to the excuse of councillors
and other interested parties. I look forward to your changing your
mind -or to a comprehensive explanation as to how ACC can't handle 6
months' worth of correspondence on the Spaces for People project for the
city.PS -please also ensure that your internal review explains why anyone
would need to collate these documents?  I didn't ask for this to be done,
and even if, as you somehow suggest without having done a search, this
involves hundreds of folders and thousands of documents, I can happily
collate them myself. 

 

 

Review outcome

 

The Review Panel resolved to uphold the Council’s application of
Regulation 10(4)(b) – Manifestly Unreasonable – of the EIRs.  

 

The panel considered the initial response provided to you and were
satisfied that the request, as submitted, would involve a considerable
volume of electronic and paper searching and checking across
the organisation given the many people involved with the Spaces for People
Project. The Panel Members were therefore satisfied that the application
of the 'Manifestly Unreasonable' exemption was appropriate in the initial
response.

 

The Panel Members wished to remind you that ACC would be happy to discuss
ways in which you may refine your request, so we can provide further
information of interest to you within the maximum cost limits. You
should contact the Access to Information Team, who will be happy to advise
you, if this is something you would like to pursue.

 

 

What happens next?

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[4]www.itspublicknowledge.info

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

Derek Jamieson

Review Panel Clerk

 

 

Derek Jamieson | Committee Services Officer

Aberdeen City Council | Governance

Town House (1^st Floor) | Broad Street | Aberdeen | AB10
1AQ
[5]ACC_Crest_for
mac email  

Direct Dial: 01224 523057

[6]www.aberdeencity.gov.uk

| Twitter: @AberdeenCC | Facebook.com/AberdeenCC

 

Please note that I work variable hours on variable days

 

[7]COVID-19

References

Visible links
1. http://councilcommittees.acc.gov.uk/docu...
http://councilcommittees.acc.gov.uk/docu...
2. http://councilcommittees.acc.gov.uk/docu...
http://councilcommittees.acc.gov.uk/docu...
3. http://www.aberdeencity.gov.uk/
4. http://www.itspublicknowledge.info/
6. http://www.aberdeencity.gov.uk/
7. https://postimg.cc/kDxFrXny

Foi Enquiries, Aberdeen City Council

Good afternoon Ms Kelly,

 

I have advised that there may be an issue accessing the links below.

 

If you experience any issues, then the link below, we lead you to the page
on the ACC website where they are placed.

 

[1]https://committees.aberdeencity.gov.uk/i...

 

Kind Regards

 

Claire

 

From: Foi Enquiries
Sent: 15 December 2020 10:47
To: Suzanne Kelly <[FOI #683529 email]>
Cc: Foi Enquiries <[email address]>
Subject: RE: Review Outcome Notice

 

Dear Ms Kelly,

 

Please find below links to publicly available Committee papers which have
more detail in relation to your earlier request in relation to how the
Spaces for People funding was spent.

 

[2]http://councilcommittees.acc.gov.uk/docu...
(see item 9.8)

[3]http://councilcommittees.acc.gov.uk/docu...
(see. Item 9.8 – page 161)

 

If you have any queries from reading these, please get back in contact
with us, and we will be happy to assist you.

 

Kind Regards

 

Claire Barranger-Clark

 

 

Claire Barranger- Clark Senior Access to Information Officer / Crisis
Support Team Leader

Aberdeen City Council | Access to Information Team | Customer Services |
Customer Experience | Customer

Marischal College |Business Hub 6,  1^st Floor | Broad Street | Aberdeen |
AB10 1AQ

 

Dial: 01224 522166

[4]www.aberdeencity.gov.uk | Twitter: @AberdeenCC |
Facebook.com/AberdeenCC

 

From: Derek Jamieson <[5][email address]>
Sent: 30 September 2020 12:01
To: Suzanne Kelly <[6][FOI #683529 email]>
Cc: Foi Enquiries <[7][email address]>
Subject: Review Outcome Notice

 

Dear Ms Kelly 

 

Thank you for your email of 11 September 2020 requesting that Aberdeen
City Council (ACC) review its handling of your request. I can now advise
you that we have undertaken an internal review of our decision and the
findings are set out below.

 

Review details

 

You requested that we review our decision based on the following:-

 

Please pass this on to the person who conducts Freedom of Information
reviews.I am writing to request an internal review of Aberdeen City
Council's handling of my FOI request 'Sustrans correspondence'.As usual,
you are late in answering; considering Covid-19's impact on the country, I
will not ask for your internal review to address the usual lateness this
time. However, if you are representing to me that your files are paper
files and not electronic, and that you find it too expensive and
time-consuming to supply correspondence on the controversial,
money-wasting project which has ultimately succeeded in doing little more
than building benches which do not fight Covid-19, that excuse is wholly
unacceptable.  Public money is at stake, public health is at stake, the
public have a right to this information.  I would remind you of previous
Information Commissioner findings during which ACC tried to claim
information was too expensive or difficult to retrieve -and the IC's
office agreed with me that it was indeed faster, easier and less expensive
to find data than ACC had represented.  This project is barely six months
in existence:  if ACC does not have a handle on its correspondence, I will
look forward to your internal review's explanations as to why in this
electronic age, when you can easily scan and store incoming and
outgoing correspondence -and that you have a document schedule that
demands you do so -you are incapable of answering my request for
correspondence.  I will promptly bring this to the excuse of councillors
and other interested parties. I look forward to your changing your
mind -or to a comprehensive explanation as to how ACC can't handle 6
months' worth of correspondence on the Spaces for People project for the
city.PS -please also ensure that your internal review explains why anyone
would need to collate these documents?  I didn't ask for this to be done,
and even if, as you somehow suggest without having done a search, this
involves hundreds of folders and thousands of documents, I can happily
collate them myself. 

 

 

Review outcome

 

The Review Panel resolved to uphold the Council’s application of
Regulation 10(4)(b) – Manifestly Unreasonable – of the EIRs.  

 

The panel considered the initial response provided to you and were
satisfied that the request, as submitted, would involve a considerable
volume of electronic and paper searching and checking across
the organisation given the many people involved with the Spaces for People
Project. The Panel Members were therefore satisfied that the application
of the 'Manifestly Unreasonable' exemption was appropriate in the initial
response.

 

The Panel Members wished to remind you that ACC would be happy to discuss
ways in which you may refine your request, so we can provide further
information of interest to you within the maximum cost limits. You
should contact the Access to Information Team, who will be happy to advise
you, if this is something you would like to pursue.

 

 

What happens next?

 

If you are not satisfied with the outcome of your request for an internal
review, you can apply directly to the Office of the Scottish Information
Commissioner (OSIC) for a decision. Generally, OSIC cannot make a decision
unless you have been through the ACC’s review procedure. To make an
application to OSIC, please write or email OSIC at:

 

The Office of the Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

[8]www.itspublicknowledge.info

 

An application to OSIC must be made in writing within six months of
receipt of ACC’s Review Decision Notice. When applying to OSIC for a
decision you should give your name and address for correspondence. Please
note that OSIC will not be able to investigate if you have not used your
real name to make your information request. You must also specify:

 

● which request for information your requirement for review relates to

● the reason that you asked ACC to carry out a review of your request

● the reason why you are not satisfied with ACC's review outcome decision

 

The Commissioner will contact ACC and invite its comments on your
application. Thereafter (if no settlement has meantime been reached), the
Commissioner must reach a decision within 4 months of receiving your
application, or within such other period as is reasonable. You will
receive written notice of the outcome of the Commissioner’s decision.

 

Should you wish to appeal against the Scottish Information Commissioner's
decision, there is an appeal to the Court of Session on a point of law
only. Any such appeal must be made within 42 days after the date of the
decision has been issued.

 

Yours sincerely,

 

Derek Jamieson

Review Panel Clerk

 

 

Derek Jamieson | Committee Services Officer

Aberdeen City Council | Governance

Town House (1^st Floor) | Broad Street | Aberdeen | AB10
1AQ
[9]ACC_Crest_for
mac email  

Direct Dial: 01224 523057

[10]www.aberdeencity.gov.uk

| Twitter: @AberdeenCC | Facebook.com/AberdeenCC

 

Please note that I work variable hours on variable days

 

[11]COVID-19

References

Visible links
1. https://committees.aberdeencity.gov.uk/i...
2. http://councilcommittees.acc.gov.uk/docu...
http://councilcommittees.acc.gov.uk/docu...
3. http://councilcommittees.acc.gov.uk/docu...
http://councilcommittees.acc.gov.uk/docu...
4. http://www.aberdeencity.gov.uk/
5. mailto:[email address]
6. mailto:[FOI #683529 email]
7. mailto:[email address]
8. http://www.itspublicknowledge.info/
10. http://www.aberdeencity.gov.uk/
11. https://postimg.cc/kDxFrXny