This is an HTML version of an attachment to the Freedom of Information request 'Leeways Childs Home, 17 Edward Rd, Bromley'.

From:    Foi
Sent:    14 July 2017 14:54
To:      'xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx'
Subject:         FW: FW: Freedom of Information request - Leeways Childs Home, 17 Edward Rd, Bromley-406339

Dear Ms Fox

Freedom of Information Act 2000
Reference No: 406339

Thank you for your request for information.

1)Please send all correspondence about this request to me on this address under FOI.
2)Please also name the Corporate identity and number that Lewisham Council acts under


With regard to responding to Q1 the Council applies Section 12 of the Act, "Exemption where cost of compliance exceeds the appropriate limit", which states;

12 (1) Section 1(1) does not oblige a public authority to comply with a request for information if the authority estimates that the cost of complying with the request would exceed the appropriate limit.
(2) Subsection (1) does not exempt the public authority from its obligation to comply with paragraph (a) of section 1(1) unless the estimated cost of complying with that paragraph alone would exceed the appropriate limit.
(3) In subsections (1) and (2) "the appropriate limit" means such amount as may be prescribed, and different amounts may be prescribed in relation to different cases.
(4) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, where two or more requests for information are made to a public authority -
(a) by one person, or
(b) by different persons who appear to the public authority to be acting in concert or in pursuance of a campaign.
the estimated cost of complying with any of the requests is to be taken to be the estimated total cost of complying with all of them.
(5) The Secretary of State may by regulations make provision for the purposes of this section as to the costs to be estimated and as to the manner in which they are to be estimated.

This acts as a refusal notice. This information is not held in a readily accessible format. It is estimated that the cost of determining whether the information is held and locating, retrieving and collating the information would cost in excess of £450 (the set limit) and therefore exceeds the 'appropriate level' as stated in the Freedom of Information (Fees and Appropriate Limit) Regulations 2004 (
hyperlink).

According to the Information Commissioner’s Office’s guidance and regulations the following criteria can be used when applying S12 to a request:

The Regulations allow a public authority to charge the following activities at a flat rate of £25 per hour of staff time:

• determining whether the information is held;
• locating the information, or a document which may contain the information;
• retrieving the information, or a document which may contain the information; and
• extracting the information from a document containing it.

With regard to your request, the information requested is not held centrally. An initial exercise has determined that there could be in excess of 800 emails sent and received by various officers across the Council from the offset of your previous request to the date of your current request. After collating the information each email would have to be opened and scrutinised to remove any legally privileged information, remove any duplicate emails and determine if any of the emails would require redaction to remove personal information.
To complete this task would take in excess of 18 hours and cost in excess of £450 and therefore evoke the application of S12 12(1) of the Freedom of Information Act 2000 'Exemption where cost of compliance exceeds appropriate limit' to your request.
In this case it would be very difficult to advise how you could narrow the scope of your request as even by using a shorter date range would involve the same level of searches.

With regard to Q2- we are making further enquiries and will respond to this question as soon as we have received the information requested.

You are free to use the information provided for your own purposes, including any non-commercial research you are doing and for the purposes of news reporting. Any other re-use, for example commercial publication, requires the permission of the copyright holder. You may apply for permission to re-use this information by submitting a request to
hyperlink
You have a right of appeal against this response which you can exercise by writing to: Information Governance – 1st floor Town Hall Chambers, Catford, London. SE6 4RU. Or at:
hyperlink

This must be requested within 40 working days of the date of this response.

If you remain dissatisfied after receiving this decision, you then also have a further right of appeal, which you can make in writing, stating your reasons to the regulating body, the Information Commissioner's Office.
Contact details:
hyperlink or 0303 123 1113 or Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

Yours sincerely

Corporate Complaints and Casework Team
___________________________________________
From: Foi
Sent: 11 July 2017 14:14
To: ''xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx'
Subject: FW: FW: Freedom of Information request - Leeways Childs Home, 17 Edward Rd, Bromley-406339


Dear Ms Fox

We require some clarification on the following question:

‘Please also name the Corporate identity and number that Lewisham Council acts under’

We are not aware of a Corporate identity and number. Do you mean our data protection registration number?

If you could supply us with any further information on this, we will be able to carry out some further enquiries.

Kind regards

Wendy Stevens
Senior Customer Resolutions Officer
Corporate Complaints, Casework & Information Governance Team.




_____________________________________________
From: Foi, Customer
Sent: 23 June 2017 13:46
To: 'xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx'
Cc: Foi
Subject: FW: FW: Freedom of Information request - Leeways Childs Home, 17 Edward Rd, Bromley-406339


Dear Ms Fox

Re: Freedom of Information Act 2000
Reference No: 406339

Thank you for your recent request. This is to inform you that we are examining the applicability of qualified exemptions with respect to your request. As such, the 20 working-day time period no longer applies (section 10(3) of the FOI Act).

For your additional information, please access the guidance from the Information Commissioner's Office at the following link regarding an explanation of timeframes for consideration of qualified exemptions:
hyperlink

Please accept our apologies for any inconvenience caused. We aim to provide you with a full response as soon as possible and within a further 20 working days.


Yours sincerely

Wendy Stevens
Corporate Complaints, Casework and Information Governance Team



_____________________________________________
From: Foi, Customer
Sent: 14 June 2017 15:10
To: 'Cathy Fox'
Subject: RE: FW: Freedom of Information request - Leeways Childs Home, 17 Edward Rd, Bromley-406339


Dear Ms Fox

Re: Freedom of Information Act 2000
Environmental Information Regulations 2004
Reference No: 406339


Thank you for your recent request (highlighted below in red) Your request is being considered and you will receive a response within the statutory timescale of 20 working days, subject to the application of any exemptions/exceptions. Where consideration is being given to exemptions/exceptions, the 20 working day timescale may be extended to a period considered reasonable depending on the nature and circumstances of your request .In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested where the request exceeds the statutory limit or where disbursements exceed £10. In such cases you will be informed in writing and your request will be suspended until we receive payment from you or your request is modified and/or reduced.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred. If we are unable to provide you with the information requested we will notify you of this together with the reason(s) why and details of how you may appeal (if appropriate). Please note that the directorate team may contact you for further information where we believe that the request is not significantly clear for us to respond fully.

Kind Regards,

Corporate Complaints and Casework Team


-----Original Message-----
From: Cathy Fox [hyperlink]
Sent: 01 June 2017 19:43
To: Foi
Subject: Re: FW: Freedom of Information request - Leeways Childs Home, 17 Edward Rd, Bromley

Dear Foi,

I have still not received a substantive reply to my request on this website, nor any explanation of any redaction made, nor any acknowledgement of my complaints, nor any internal reviews, or further requests.

Lewisham Council are failing in their duty under the FOI Act.
Kath Nicholson, Monitoring Officer is failing in her duties to abide by the Act

Please take this as a new FOI request.

Please send all correspondence about this request to me on this address under FOI.
Please also name the Corporate identity and number that Lewisham Council acts under

Yours sincerely,

Cathy Fox

-----Original Message-----

Dear Ms Fox

Thank you for your email and apologies for the delay in responding.

We are continuing to work alongside legal services with regard to your Freedom of Information request.

We appreciate that the delays you are experiencing must be very frustrating for you and can only offer you our sincere apologies for this.

Kind regards

Wendy Stevens
Senior Customer Resolutions Officer
Corporate Complaints, Casework & Information Governance Team.


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