2018 provisional Air Pollution figures.

The request was refused by Brighton and Hove City Council.

Dear Brighton and Hove City Council,

In January 2018 you provided provisional figures for the 2017 monitoring of NO2 in the Rottingdean AQMA, specifically for the measurements at E22 and E23, though the validated results were not published until June 2018 (in the LAQM Annual Status Report).

Please provide the provisional 2018 figures.

If you are unable to provide this information, please state when it will be available.

Yours faithfully,

rob shepherd

Freedom Of Information, Brighton and Hove City Council

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Thank you,

 

Information Governance Team | 01273 295959 | [5]Brighton & Hove City
Council

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Freedom of Information request
Our reference: 3160865
Your reference: [FOI #553595 email]

--------------------------------------------------------------------------

Dear Mr Shepherd
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 19
February 2019. 
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response to you by 19 March 2019.
 
Your Freedom of Information Request has been logged as;
 
2018 provisional Air Pollution figures.

In January 2018 you provided provisional figures for the 2017 monitoring
of NO2 in the Rottingdean AQMA, specifically for the measurements at E22
and E23, though the validated results were not published until June 2018
(in the LAQM Annual Status Report).

Please provide the provisional 2018 figures.
 
If you have any questions about how Freedom of Information Requests are
handled at the Council, we recommend that you visit our website containing
information which may be of assistance.  Following that, please feel free
to contact a member of staff if you have any outstanding questions. 
Please follow this link;
 
[1]Freedom of Information
 
IMPORTANT: Please do not edit the existing subject line text when replying
to this email. If you change this it will take us longer to identify the
request that you are corresponding about and will delay us in responding
to you. 
 
Yours sincerely
 
Information Compliance Officer
Information Governance Team
01273 295959
 
 
 
 
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Dear Brighton and Hove City Council,

Please do your best to respond quickly to this overdue FoI request.

The lack of this information is impairing the attempts of local people to help you address the serious health problems arising from the NO2 pollution exceeding the legal level / UK target value.

Yours sincerely,

rob shepherd

1 Attachment

 
 
 
 
 
Freedom of Information request
Our reference: 3160865
Your reference: [FOI #553595 email]

--------------------------------------------------------------------------

Dear Mr Shepherd
 
Thank you for your request for information received on 19 February 2019.
 
Please find attached our response to your request.
 
Should you wish to contact us again regarding this request, please do not
edit the subject line when replying to this email. If you change this it
will take us longer to identify the request that you are corresponding
about and will delay us in responding to you.
 
Yours sincerely
 
Information Compliance Officer
Information Governance Team
01273 295959
 
 
 
Notice to recipient: The information contained in this electronic mail
message is intended only for the use of the individual to whom it is
addressed and may contain information which is privileged and
confidential, the disclosure of which is prohibited by law.   If the
reader of this message is not the intended recipient, please note that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error please notify
the sender immediately.   Thank you in anticipation of your co-operation.
  You can visit our website at http://www.brighton-hove.gov.uk   Please
consider the environment, only print out this email if absolutely
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hide quoted sections

Dear Brighton and Hove City Council,

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

I am writing to request an internal review of Brighton and Hove City Council's handling of my FOI request '2018 provisional Air Pollution figures.'.

I requested provisional information which is not information you plan to publish in June July so the claimed Section 22 exemption does not apply.

The full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/2...

Yours faithfully,

rob shepherd

Freedom Of Information, Brighton and Hove City Council

1 Attachment

Thank you for your email. This is an automated email acknowledgement from
the Information Governance Team at Brighton & Hove City Council.

 

When we will deal with your email

 

This mailbox is monitored during the working hours of 8:00am to 4:00pm on
Monday to Friday (excluding Bank Holidays). Emails received outside of
these working hours will usually be processed during the next available
working day. We aim to deal with all emails within two working days of
receipt.

 

How we process a new Freedom of Information (FOI) Request

 

When you submit a new FOI Request we will do the following;

 

·         We will log your FOI request and send confirmation of this to
you by email, together with a FOI request reference number. We aim to do
this within two working days of receiving your request.

 

·         Please note that future email correspondence regarding your FOI
request will then be sent to you from
[1][email address]

 

·         We will allocate your FOI request to the appropriate Council
team(s) in order for them to collate the information you have requested.

 

·         Once we have received an approved response back from the
relevant Council team(s), we will send this to you.

o   Please note that the response to your FOI request will be sent to you
in letter form, as an email attachment.

o   An anonymized version of the response to your FOI request may be
published on the Council’s [2]Disclosure Log.

 

When you can expect to receive a response to your FOI request

 

Under the Freedom of Information Act 2000 the Council has a legal
obligation to respond to your request no later than 20 working days
following the date of receipt. Wherever possible, a response to your FOI
request will be sent to you before the legal deadline of 20 working days.

 

Further Information

 

You can find more information about the FOI process on the Council website
through the following link;

 

[3]Freedom of Information – Brighton & Hove City Council  

 

Making a Freedom of Information (FOI) request using the Council’s online
FOI request form

 

You can now make new FOI requests using the Council’s online FOI request
form. The online FOI request form is available through the following link
and on the Council website;

 

[4]Online FOI request form

 

 

Thank you,

 

Information Governance Team | 01273 295959 | [5]Brighton & Hove City
Council

Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.

You can visit our website at [6]http://www.brighton-hove.gov.uk

Please consider the environment, only print out this email if absolutely
necessary.

Please Note:  Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation

 

References

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3. http://www.brighton-hove.gov.uk/content/...
4. http://www.brighton-hove.gov.uk/content/...
5. http://www.brighton-hove.gov.uk/
6. http://www.brighton-hove.gov.uk/

 
 
 
 
 
Freedom of Information request
Our reference: 3160865
Your reference: [FOI #553595 email]

--------------------------------------------------------------------------

Dear Mr Shepherd
 
Thank you for your request for an Internal Review received on 22 March
2019. We are sorry that you are dissatisfied with our attempts to handle
your request under the Freedom of Information Act 2000
 
We can confirm that we are considering your concerns and we will aim to
provide you with a response by 23 April 2019.
 
IMPORTANT: Please do not edit the subject line when replying to this
email. If you change this it will take us longer to identify the request
that you are corresponding about and will delay us in responding to you.
 
Yours sincerely
 
Information Compliance Officer
Information Governance Team
01273 295959
 
 
 
 
Notice to recipient: The information contained in this electronic mail
message is intended only for the use of the individual to whom it is
addressed and may contain information which is privileged and
confidential, the disclosure of which is prohibited by law.   If the
reader of this message is not the intended recipient, please note that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error please notify
the sender immediately.   Thank you in anticipation of your co-operation.
  You can visit our website at http://www.brighton-hove.gov.uk   Please
consider the environment, only print out this email if absolutely
necessary.   Please Note:  Both incoming and outgoing Emails may be
monitored and/or recorded in line with current legislation

hide quoted sections

Information requested by: Mr Rob Shepherd
Review carried out by: Peter Bode
 
 
 
 
 
 
Freedom of Information request
Our reference: 3160865
Your reference: [FOI #553595 email]

--------------------------------------------------------------------------

Dear Mr Shepherd 
 

I write with the Council's response to your request for an internal review
of the handling of this case. Firstly allow me to apologise for the delay
in providing this response, which was caused by the temporary absence of
key people with which I needed to consult.

In making your request for review, you stated that the Council's
application of the Section 22 exemption to the Freedom of Information Act
2000 was not applicable.  This was on the basis that the data you sought
was provisional data and it is not the intention of the Council to publish
such provisional data, but only final data.

Having reviewed the case, it is my finding that the Section 22 exemption
was incorrectly applied.  However, I further find that the information
requested, being environmental in nature, is subject to the Environmental
Information Regulations and disclosure should have been evaluated with
regard to these, rather than with reference to Freedom of Information.

As was communicated to you in the Council's initial response the
information held is not yet complete, as further data is still being
obtained from external parties.  Regulation 12(4)(d) of the Environmental
Information Regulations 2004 provides an exemption to disclosure for
documents or data which are incomplete, still in the process of completion
or unfinished.  

The stated exemption is a qualified exemption and is subject to the public
interest test.

In assessing this balance I have had regard to the clear public interest
in transparency of decision making by public bodies.

Balanced against this, the publication of partial and incomplete data
creates a risk of creating a misleading picture of air pollution at the
location in question. 

In conclusion, I find that the balance of public interest lies in
withholding the information until such time as the completed dataset is
available.  As an aside, I've been advised that when the data is complete,
it will be placed into the public domain via the Council's website.

If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
[1]http://www.ico.gov.uk/complaints/freedon...
 
Helpline on 0303 123 1113
 
Important: Should you wish to contact us again regarding this request,
please do not edit the existing subject line text when replying to this
email. If you change this it will take us longer to identify the request
that you are corresponding about and will delay us in responding to you. 
 
Yours sincerely
 
 
Peter Bode
Records & Data Protection Manager
Information Governance Team
 
 
 
 
Notice to recipient: The information contained in this electronic mail
message is intended only for the use of the individual to whom it is
addressed and may contain information which is privileged and
confidential, the disclosure of which is prohibited by law.   If the
reader of this message is not the intended recipient, please note that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error please notify
the sender immediately.   Thank you in anticipation of your co-operation.
  You can visit our website at http://www.brighton-hove.gov.uk   Please
consider the environment, only print out this email if absolutely
necessary.   Please Note:  Both incoming and outgoing Emails may be
monitored and/or recorded in line with current legislation

References

Visible links
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