Ref: FOI18/062
4th May 2018
J Davies
xxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxxx.xxx
Dear J Davies,
Request for internal appeal under the LJMU Freedom of Information Act 2000 Appeals
and Complaints Procedure
I refer to your email dated 18th April seeking an internal review of our response to your FOI
request (email dated 28th February 2018):
Please could you send the following information as outlined in the Freedom of Information
Act for each of the Academic Years 2011/2012 to 2017/2018
1)
The number of Occupational Health reports written by the University’s Occupational
Health doctor that made recommendations for reasonable adjustment for disabled
individuals employed by the University.
2)
The number of such recommendations that the University implemented.
3) The number of such recommendations that the University refused to implement.
Our response to you, dated 6th April 2018, was as follows:
The University does not hold a central record of the information required to respond to
your request, and as such, an in-depth search of individual case files would be required
before conducting a detailed search across the University to determine if any of the
recommendations were implemented. Given the volume of case files that would require
review it would not be possible to provide a response to your request under Section 12 of
the FOIA.
Section 12 makes provision for the University to refuse requests for information where the
cost of dealing with them would exceed the appropriate limit, which is currently set at £450
for universities. This represents the estimated cost of one person spending over 18 hours
in determining whether the department holds the information, locating, retrieving and
extracting the information.
Section 16 of the FOIA places an obligation on the University to provide you with advice
and assistance, however, on this occasion due to the nature of the request and the volume
Egerton Court, 2 Rodney Street, Liverpool, L1 2UA
Email
: x.x.xxxxxxxxxxxxx@xxxx.xx.xx
of records held it would not be possible to narrow the scope of your request to fall within
the fee regulations.
You write to request an internal review (email dated 18th April 2018):
Please can you advise how, in the absence of information regarding the implementation
of recommendations for reasonable adjustments, the University is able to:
a) Comply with all relevant legislation relating to duty of care to individuals for whom
reasonable adjustments have been recommended?
b) Ensure that the Equality act is not breached?
c) Ensure that the recommendations have been implemented to an appropriate standard?
I have reviewed your request and find that it does not relate to the original information
request in that it is seeking clarification and/or further information about processes.
However, as this appears to be separate request, I will ask our FOI coordinators to treat this
as new FOI request (date 4th May 2018).
The University believes that it has now responded to your request for an internal review.
However, if you are not satisfied with the response to your appeal, you have the right to
apply to the Information Commissioner for a decision whether, in any specified respect, your
request for information has not been dealt with in accordance with the requirements of Part
I of the Freedom of Information Act 2000. The Information Commissioner's address is:
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF. Details on how to complain
can be found on the Information Commissioner’s website:
www.ico.org.uk Yours sincerely
Professor Robin Leatherbarrow
Pro-Vice-Chancellor (Scholarship, Research & Knowledge Transfer)
Egerton Court, 2 Rodney Street, Liverpool, L1 2UA
Email
: x.x.xxxxxxxxxxxxx@xxxx.xx.xx