Unit 4 Broadcasting House Middlesbrough, Office of Andy McDonald MP
Dear Middlesbrough Council,
Subject - Constituency Office, Unit 4 , Broadcasting House, Middlesbrough - Rent, Rates and Service Charges
Time Period - From 2012 to date
1
All correspondence including letters, emails, meeting notes , text messages, Whats app messages from Andy McDonald MP ( including from any Constituency office staff of Andy McDonald MP ) to Middlesbrough Council
2 Re a report to The Corporate Affairs and Audit Committee 9 December2021
https://moderngov.middlesbrough.gov.uk/d...
Lessons Learnt - Governance on Leasing our Commercial Assets States at point 3 states
'Following a complaint, a joint investigation was undertaken regarding historical leasing matters. The investigation was initially conducted by Internal Audit, with a follow up, more in-depth review conducted by the Head of service'
I request -
a) a copy of both the internal audit investigation report and also the review report referred to in the above mentioned committee report
b) all correspondence including letters, emails, meeting notes , text messages, Whats app messages to Andy McDonald MP ( including from the Constituency office staff of Andy McDonald MP ) from Middlesbrough Council that will be readily available as part of the investigation referred to in the committee report
3 any emails to or from Tony Parkinson in relation to the subject heading of this FOI , namely
Subject - Constituency Office, Unit 4 , Broadcasting House, Middlesbrough - Rent, Rates and Service Charges
Time Period - From 2012 to date
4
any emails to or from Louise Grabham in relation to the subject heading of this FOI , namely
Subject - Constituency Office, Unit 4 , Broadcasting House, Middlesbrough - Rent, Rates and Service Charges
Time Period - From 2012 to date
Yours faithfully,
Mr K Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Middlesbrough Council,
Again you have failed to provide information within the 20 working days allowed. Please provide the information without delay
Yours faithfully,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Mr Walker
I acknowledged receipt of your email received on 24th February 2022.
Under section 14(2) of the Freedom of Information Act, it states that where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and making the current request.
The Authority believes in this instance that such an exemption applies; the information you requested was provided to you under request ref: 017445.
If you have any queries about this response, please do not hesitate to email [Middlesbrough Council request email]
If you are unhappy with the way your request has been handled you may ask for an internal review within 40 days of receipt of the response. You should email [Middlesbrough Council request email] or alternatively write to:-
Ann-Marie Johnstone
Governance & Information Manager
P.O. Box 500,
Civic Centre,
Middlesbrough.
TS1 9FT
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for an independent review. The Information Commissioner can be contacted at: -
Information Commissioner's Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely
Information Requests Tean
Legal and Governance
Strategy, Information and Governance
Middlesbrough Council
P.O. Box 500
Civic Centre
Middlesbrough
TS1 9FT
Email: [Middlesbrough Council request email]
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Dear Sir / Madam
Re: FOI requests for information regarding broadcasting house; complaint and request for review
I refer to my Freedom of Information requests for information regarding Broadcasting House
1 FOI submitted 3 January 2022 – reference 017445
2 FOI submitted through Whatdotheyknow.com date dated 27 January 2022
1 FOI 017445 3 January 2022
I do not appear to have received an acknowledgment upon submission of my FOI but clearly it was received as a response was received , although in breach of legislation as the response was received after 38 working days almost double the legal requirement, 20 working days.
Despite knowing that you failed to comply with legislation this was not acknowledged in your response.
In relation to the response provided :-
Point 1 - All correspondence from Andy Mc Donald MP to the Council
I am very concerned that you state in your response that the information requested is not held in a central location. In the report present to the Audit Committee 9 December 2021 it states that
‘following a complaint, a joint investigation was undertaken regarding historical leasing matters. The investigation was initially conducted by Internal Audit, with a follow up , a more in depth review conducted by the Head of Service’
Either the investigation was very poorly conducted as you have stated that no information is centrally located or you are not telling the truth and withholding documents that were collated centrally as part of this investigation, in which case, is a breach of FOI legislation.
If the information is not centrally located I wish to complain about the ineffective investigation carried out and request that a full and proper investigation is undertaken.
Point 2 – A report to the Corporate Affairs & Audit Committee 9 December 2021
The investigation into the allegations that the MP received cheap rents has been completed and therefore publication of the investigation reports would not prejudice the investigation in any way and the council has previously conceded this subject matter is one of public interest.
A letter dated 9 July 2021 from Ian Wright states that ‘ It is then correct that I report the detail of the situation AND lessons learnt to members’
This has not happened , the report is a white wash and it also fails to mention the failure to collect annual services charges from the MP, with a loss of service charges revenue amounting to tens of thousands of pounds , information disclosed in an earlier Foi submitted from myself.
This failure to report in full cannot be perceived as anything other than a cover up by senior management at Middlesbrough Council who are also knowingly withholding pertinent information from members.
Point 3 – Emails from Tony Parkinson
The time period had been narrowed as suggested, summarised below.
2 FOI what do they know.com 27 January 2022
This Foi was submitted using whatdotheyknow.com as I did not receive an acknowledgment to my FOI submitted 3 January and I did not receive a response within the 20 working days allowed. ( FOI ref 017445)
This second request was not identical to FOI reference as additional information was requested
The additional info requested
4 Any emails to or from Louise Grabham in relation to the subject heading ( unit 4 Broadcasting House))
You have failed to respond to this information request in time which is a further breach of legislation.
You have responded stating you are refusing to release any information requested because you have ‘previously complied with a request’ referring to FOI 017445.
This is not true as the council had not complied with a previous request, it only replied to request 017445 after the response the response to whatdotheyknow.com was issued.
And in any event have failed to respond to point 4 of the whatdotheyknow.com Foi request
Summary
• I request an internal review into the response provided for both FOI’s
• If it is correct that the documents requested at point 2 are not centralised, I wish to make a complaint about the ineffective audit investigation that has taken place
• In order to assist, where time period have been applied, I will amend those to the periods 2012/2014 and 2019/2021 excluding Louise Grabham
• In relation to Louise Grabham the time period is narrowed down to 2019/2022
Below is a copy of the response from Middlesbrough Council re 017445
Mr Ken Walker
Via email Email:
[email address]
24th February 2022
Dear Mr Ken Walker FREEDOM OF INFORMATION REQUEST - REF NO: 017445
I am writing to confirm that Middlesbrough Council has now completed its search for the information you requested on 3rd January 2022. Your request has been handled under the Freedom of Information Act 2000. In your request you asked for the following information: Subject - Constituency Office, Unit 4, Broadcasting House, Middlesbrough - Rent, Rates, and Service Charges Time Period - From 2012 to date
1 All correspondence including letters, emails, meeting notes, text messages, Whats app messages from Andy McDonald MP ( including from the Constituency office staff of Andy McDonald MP ) to Middlesbrough Council
2 A report to The Corporate Affairs and Audit Committee 9 December 2021 https://moderngov.middlesbrough.gov.uk/d... Lessons Learnt - Governance on Leasing our Commercial Assets States at point 3 states
Following a complaint, a joint investigation was undertaken regarding historical leasing matters. The investigation was initially conducted by Internal Audit, with a follow-up, a more in-depth review conducted by the Head of Service. I request - 1 a copy of both the internal audit investigation report and also the review report referred to in the above-mentioned committee report Response:
Your request has been handled under the Freedom of Information Act 2000 (FOIA). Under Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties on public authorities. Unless exemptions apply, the first duty at section 1(1)(a) is to confirm or deny whether the information specified in a request is held. The second duty at section 1(1)(b) is to disclose information that has been confirmed as being held. I can confirm that Middlesbrough Council does hold information within the scope of your request. However, the information you requested is exempt under Section 36 of the Freedom of Information Act and will not be released. Section 36(2)(b)(i) and 36(2)(b)(ii) of the Act allows us to withhold information if it would or would be likely to inhibit the free and frank provision of advice or the free and frank exchange of views for the purposes of deliberation and Section 36(2)(c) allows us to withhold information if in the reasonable opinion of a qualified person, disclosure of the information would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs. This exemption applies because release of the information would be likely to inhibit the ability of the Council to conduct its business and inhibit employees from providing free and frank advice or exchange of views during the audit process and the review conducted by the Head of service. It is considered that the public interest in withholding the information is stronger than the public interest in disclosing it. This is because it's not in the public interest to inhibit a public authority's ability to effectively conduct internal audits.
2 all correspondence including letters, emails, meeting notes, text messages, Whats app messages to Andy McDonald MP ( including from the Constituency office staff of Andy McDonald MP ) from Middlesbrough Council that will be readily available as part of the investigation referred to in the committee report
Response: The information you requested is not held in a central location. It would require an extensive electronic search of all email accounts and a large number of databases and back office systems to locate, retrieve and compile any information held based on your requirements. In order to conduct a search of that magnitude would be well in excess of the appropriate fees limit. The appropriate limit as set out in the Act is £450 (an hourly rate of £25 per person per hour for a maximum of 18 hours in total). Section 12 of the Freedom of Information Act allows public authorities to refuse to answer requests for information if the cost of complying would exceed the "appropriate limit" prescribed in the Regulations. The Council does not have the necessary resources available to carry out a search of this size. Whilst it is estimated that to locate, retrieve and compile the information you requested would exceed over 18 hours, it may be possible to provide you with some of the information you requested, if you are prepared to limit the scope of your request.
Under Section 16 of the Freedom of information Act we do have a duty to advise and assist. If you would like to submit a new request and be more specific about the timeframe that you require i.e. last 12 months and be more specific and provide the names of individual officers or define the officer(s) by title i.e. Chief Executive that you wish to be included in the search, then we may be able to provide you with some information within the appropriate fees limit, subject to any exemptions.
3 any emails to or from Tony Parkinson in relation to the subject heading of this FOI, namely Subject - Constituency Office, Unit 4, Broadcasting House, Middlesbrough - Rent, Rates, and Service Charges
Time Period - From 2012 to date
Thank you in anticipation of your full cooperation.
Response: The information you requested is not held by Middlesbrough Council. If you have any queries about this response, please do not hesitate to email [email address]. Please remember to quote the reference number shown above in any future communications. If you are unhappy with the way your request has been handled you may ask for an internal review within 40 days of receipt of the response. You should write to:- Ann-Marie Johnstone Corporate Strategy Manager P.O. Box 500, Civic Centre, Middlesbrough. TS1 9FT If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for an independent review. The Information Commissioner can be contacted at: - Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Yours sincerely Information Requests Team
Yours sincerely,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Mr Walker
APPEAL ACKNOWLEDGEMENT - REQUEST REF NO: 017445
I acknowledge receipt of your email received on 8th March 2022 and apologise for the delay in acknowledging this. I confirm that your request for an internal review is now being processed through the Councils appeals procedure and a response will be provided within 20 working days, or 40 in exceptional circumstances.
Please note the officer now dealing with your enquiry is Ann-Marie Johnstone. Should you wish to contact her, you can do so via emailing [Middlesbrough Council request email] or alternatively in writing to:
Ann-Marie Johnstone
Governance and Information Manager,
P.O. Box 500
2nd Floor
Civic Centre
Middlesbrough
TS1 9FT
If you have any further questions, please do not hesitate to email [Middlesbrough Council request email] Please remember to quote the reference number shown above in any future communications
Yours sincerely
Information Requests Team
Legal and Governance
Strategy, Information and Governance
P.O. Box 500
Civic Centre
Middlesbrough
TS1 9FT
Email: [Middlesbrough Council request email]
Dear foi,
You have failed to respond to my request for an internal review with the 20 working days allowed.
My FOI is not an 'exceptional request' and your failure to provide the information demonstrates further governance failings and a disregard of the law relating to FOI requests.
Please forward the information requested today.
I will take this opportunity to advise that I will be reporting this issue to the ICO and the council's auditors.
Yours sincerely,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Mr Walker
APPEAL RESPONSE - REF NO: 017679
I am writing to confirm that Middlesbrough Council has now conducted your
request for an internal review. A copy of the response is attached.
Yours sincerely
Information Requests Team
Legal & Governance
P.O. Box 500,
Civic Centre,
Middlesbrough.
TS1 9FT
Email: [1][Middlesbrough Council request email]
References
Visible links
1. mailto:[Middlesbrough Council request email]
Dear foi,
Thank you for your reply
In relation to your suggestion regarding email involving Tony Parkinson and Louise Grabham , please include 'unit 4' and also ensure that the search includes all deleted emails and any subject headings that will have appeared in emails looked at as art of the audit investigation .Louise Grabham will be able to assist you .
Yours sincerely,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Middlesbrough Council,
The 20 working days allowed has expired. Please comply and respond today
Yours faithfully,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Middlesbrough Council,
On 12 April 2022 I responded to your email and after 20 working days , on the 13 May , sent a reminder as no response had been received.
30 working days later and still no response and still no information has been provided
It should not take repeated emails to a local council to receive information under FOi and this is a formal request to receive the information requested , some of which was initially requested as far back as January 2022
Yours faithfully,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Mr Walker
It has been brought to my attention that your email received on 12^th
April 2022, had not been processed due to human error. Please accept my
sincere apology for the error and inconvenience this may have caused you.
The request (ref 018147) you submitted providing the revised search terms
is being dealt with as a matter of urgency and a progress update will be
provided.
I can confirm that Leanne Hamer, Governance and Information Manager, will
be your point of contact. If you would like to contact Leanne directly,
you can do so via emailing [1][email address] or
alternatively phone her direct on 01642 728357.
Yours sincerely
Steph Robson
Information Requests Business Partner
Legal and Governance
Strategy, Information and Governance
Middlesbrough Council
P.O. Box 500
Civic Centre
Middlesbrough
TS1 9FT
Email: [2][Middlesbrough Council request email]
[3]Living the values
References
Visible links
1. mailto:[email address]
2. mailto:[Middlesbrough Council request email]
Dear foi,
You allege human error despite two reminders bring sent to the council and two standard responses from the council .not forgetting that each FOI request on this subject matter has not been dealt with in accordance with statute.
Yours sincerely,
ken Walker
Thank you for contacting the Information Requests Team. If your email is
concerning a request for information, please treat this email as an
acknowledgment of your request. You will receive no further communication
until a response is provided to you.
If you are requesting personal information about yourself (Subject Access
Request), a member of the team will contact you regarding making your
request live. Subject Access Requests are subject to a statutory 30
calendar day response period.
We are still dealing with information requests (Freedom of Information
(FOI) and Subject Access Requests) but we may take longer than normal to
respond than the 20 working day timescale. This is in line with advice
from the Information Commissioner.
Regards
Information Requests Team
Dear Mr Walker
FREEDOM OF INFORMATION REQUEST - REF NO: 018147
I am writing to confirm that Middlesbrough Council has now completed its
search for the information you requested on 12^th April 2022 and our
sincere apoligies for this delay. Your request has been handled under the
Freedom of Information Act 2000.
Response:
Please find attached information regarding your request. Please note that
as some information is regarding your self, this has been removed as FOI
is to the world and large and as you are using an open account we have
removed that for your protection. If you wish to receive it, please
contact us using a private email and it can be send directly.
I can confirm that middlesbrough hold the information and have partially
provided the information. We have redacted names, contact numbers and
email addresss under s40(2) personal information and third party
information that is not ours to give. I can advise that these are quotes
for work to be done and 3rd party companies correspondance for quotes or
work undertaken. MP office emails to officers have been redacted due to
3rd party information, however, officer responses have been provided.
This information is exempt under Section 40 (Personal Data) of the Freedom
of Information Act. We feel it would not be fair to process information
which could lead to the identification of an individual, either from that
information alone or from that information and any other information that
may be available to any person. To release the information as requested,
could, lead to individuals being identified. Therefore the first principle
of the Data Protection Act would be breached. Section 40 is an absolute
exemption and there is therefore no requirement to consider the public
interest in making a decision to withhold the information
We have refused part of your request for information as per section 36
(2)(b) of the Freedom of Information Act - Effective Conduct of Public
Affairs.
Section 36 (2) provides an exemption where disclosure of information
would, or would be likely to, inhibit –
(i) the free and frank provision of advice, or
(ii) the free and frank exchange of views for the purposes of
deliberation.
To engage section 36 the Council's Qualified Person must give an opinion
that the prejudice or inhibition specified in section 36(2) would or would
be likely to occur. The opinion must be reasonable. The opinion must state
which paragraph is relied upon and indicate whether the prejudice or
inhibition would, or would be likely to occur and the
reasons for this. The Qualified Person for Middlesbrough Council is
Charlotte Benjamin, Director of Legal and Governance Services.
The Qualified Person's opinion is that:
The disclosure of the information would be likely to inhibit the free and
frank provision of advice (section 36(2)(b)) for the following reasons:
The Councils’ position would be that it would be prejudicial to officers’
ability to discuss. As a starting point, I need to consider whether the
provisions of section 36 are engaged. It is clear that emails are exchange
of views for the purposes of deliberation between officers. The issue here
is whether,
in seeking to have disclosure of email correspondence, the free and frank
exchange of views would be compromised (S36(2)(b)).
It appears to me that, Senior Officers should be able to have free and
frank discussion, and to be able to express themselves openly, honestly
and completely so that these matters can be properly debated. If these
discussions are disclosed publicly, officers would be deterred from
putting forward options, analyses and risks. This would be likely to
inhibit or lower the quality of exchanges, advice and deliberation in the
future. This cannot be seen as a positive way forward. I therefore
conclude that Section 36(2)(b) is engaged, and that the free and frank
exchange of views would, or would be likely to be, inhibited.
Given the sensitive nature of this matter and due to an ongoing
investigation, public disclosure of the requested information would be
likely to attract widespread attention andmay jeopardise the
investigation. My opinion, therefore, is that the requested information
should not be disclosed.
If you have any queries about this response, please do not hesitate to
email [Middlesbrough Council request email]. Please remember to quote the reference
number shown above in any future communications.
If you are unhappy with the way your request has been handled you may ask
for an internal review within 40 days of receipt of the response. You
should email [Middlesbrough Council request email] or write to:-
Leanne Hamer
Governance & Information Manager (Interim)
P.O. Box 500,
Civic Centre,
Middlesbrough.
TS1 9FT
If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for an
independent review. The Information Commissioner can be contacted at: -
Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF
Yours sincerely
Information Requests Team
Legal and Governance
Strategy, Information and Governance
Middlesbrough Council
P.O. Box 500
Civic Centre
Middlesbrough
TS1 9FT
Email: [Middlesbrough Council request email]
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