Shared Services
020 7035 4848
Directorate
(switchboard)
2 Marsham Street
London SW1P 4DF
www.homeoffice.gov.uk
Mr Wayne Pearsall
13 August 2013
Dear Mr Pearsall,
Freedom of Information requests (our refs. 27907, 27891, 27892): internal reviews
Thank you for your e-mails in which you ask for internal reviews of our responses to your
Freedom of Information (FOI) requests which relate to immigration regulations relating to
the UK and how the former United Kingdom Border Agency, manages its internal
processes and procedures. Cases 27907 and 27891 relate to internal processes of the
former UKBA and 27892 relates to section 55 of the Borders, Citizenship and Immigration
Act 2009 - safeguarding and promoting the welfare of children in the UK (please refer to
Annex A).
I have now completed the review. I have examined all the relevant papers, and have
considered whether the correct procedures were followed. I confirm that I was not
involved in the initial handling of your request.
You have previously received substantial responses to 12 full internal review requests
(
27333, 27426, 27193, 27206, 27448, 27391, 27390, 27068, 27215, 27429, 27011, 27634)
where reasons were given as to why these types of requests have been made vexatious. I
concur with these previous internal review responses and have determined that the latest
three cases also fall under the same category as the subjects are the same. My conclusion
is that the original responses were correct and that section 14(1) of the FOI Act was
applied correctly. Section 14(1) of the Act provides that the Department does not need to
comply with a FOI request if it is considered to be vexatious. If we consider any future
requests on this topic to be vexatious, we will not respond to them.
I suggest that you refer to the 12 previous internal review responses mentioned above for
details regarding the reasons why these types of requests have been made vexatious.
This completes the internal review process by the Home Office. If you remain dissatisfied
with the response to your FOI request, you have the right of complaint to the Information
Commissioner at the following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely
J Hussain
Information Access Team Information Access Team
Switchboard 020 7035 4848
E-mail
xxxx.xxxxxx@xxxxxxxxxx.xxx.xxx.xx
ANNEX A – Initial Requests
FOI 27907
I recently found the following file on your website:
http://www.ukba.homeoffice.gov.uk/siteco...
I quoted this file to yourself previously on my request for
information...
I ask the following:
Please outline what was contained (for the information of others)
in the file which you have removed.
Please provide the reasons for removal of said file from your
website. - As UKBA are operating a "transparent" FOI scheme, and
that is the reason for the file to be posted online, I am very
interested to know why the file was removed...
Please provide a copy of the file... or if the file is located
elsewhere on your website a direct link to the file...
Would it be anything to do with the public display of your internal
network topology? - which i remind you I have made a request for in
my other FOI request...
If the removal of this file was to remove my evidence for my
upcoming complaint - please be aware that I have many files which
detail file paths on the poise server machine to prove that I have
indeed provided a full and correct filepath - and therefore
satisfied Sec 1(3) of the act.
---
https://www.whatdotheyknow.com/request/a...
I also remind you, that my linked file on this request was not the
only file that you have indeed sent to clients/public/etc which
outline filepaths on the poise network.
So please provide all information, memos and emails which detail
the reasons for removal of the specified file from the home office
website.
FOI 27891
What are the clear arrangements by which staff members report the instances where duty is not being taken
properly into account.
Note
'2.12. There must be clear arrangements whereby staff who become aware of instances where the duty is not
being taken properly into account are able to report their concerns' taken from
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/legislation/bci-act1/change-for-
children.pdf?view=Binary
FOI 27892
followup to REF: 27089..
Further to my Internal Review request...
Under Section 31(9) of the Children Act 1989, as amended by the
Adoption and Children Act 2002: ‘Harm’ means ill treatment or the
impairment of
health or development, including for example impairment suffered
from seeing or hearing the ill treatment of another; ‘Development’
means
physical, intellectual, emotional, social or behavioural
development; ‘Health’ means physical or mental health; and ‘Ill
treatment’ includes
sexual abuse and forms of ill treatment that are not physical.
----
(1)The Secretary of State must make arrangements for ensuring
that:
(a)the functions mentioned in subsection (2) are discharged having
regard to the need to safeguard and promote the welfare of
children
who are in the United Kingdom, and
(b)any services provided by another person pursuant to arrangements
which are made by the Secretary of State and relate to the
discharge of a function mentioned in subsection (2) are provided
having regard to that need.
----
So, as outlined in Sec 55 as one of Mrs May's key
responsibilities… what arrangements has she made to ensure that a
child's emotional welfare is protected?