Accident - a27 travelling north on Polegate by pass at junction of a27 approach to roundabout leading to a22
Dear East Sussex County Council,
From: C Eames
28 July 2014
Dear West Sussex County Council,
Under the general requirements of the Freedom of information Act
2000, I would be grateful if you would provide the following
information in relation to a section of Frittenden road in
Frittenden, starting from the cross road between Common road and
Frittenden road to the T-junction between London road and
Frittenden road.
o Dates of all safety inspections undertaken on the carriageway in
the two years preceding today's date
o Details of all carriageway defects identified during safety
inspections in the two years preceding today's date
o Details of how carriageway safety inspections are undertaken,
including whether walked or driven, the speed of the inspection
vehicle and the number of persons in the vehicle.
o The intended frequency of carriageway safety inspections.
o Details of all complaints and/or enquiries relating to the
carriageway, received in the two years preceding today's date.
o The hierarchy classification.
o The road/section number.
o The defect intervention criteria adopted in relation to the
identification of all categories of carriageway potholes
o The time period(s) adopted between identification and repair
(temporary and permanent) of all categories of carriageway defects.
o Whether or not the authority has formally adopted all or part of
the standards contained within the national code of practice for
highways maintenance management.
Yours faithfully,
C eames
Dear C Eames
Thank you for your request for information. Your request was received on
28/07/2014 and I am dealing with it under the terms of the Freedom of
Information Act 2000 (FOIA).
We always aim to respond as quickly as possible, but in this case I am
refusing your request as it is not valid. An email address is sufficient
for delivery of requested information but there is a requirement under the
Act for a requester to provide their “real name”. I refer you to Section 8
FOIA, which I have copied below, and specifically to 8(1)(b).
8 Request for information.
This section has no associated Explanatory Notes
(1) In this Act any reference to a “request for information” is a
reference to such a request which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request—
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.
There are a number of reasons why a requester must supply their real name.
These include the following:
· a request is being made by the applicant for his/her own
personal data and so would be exempt under section 40(1) of the FOIA (and
would comprise a subject access request under the Data Protection Act
1998);
· a public authority has good reason to believe a requester is
using a pseudonym to shield his/her identity in order to avoid the
possibility of the request being considered as vexatious or repeated; or
· determining whether to aggregate costs for two or more requests
in accordance with the Fees Regulations.
The Information Commissioner’s Office supports the view that it was the
intention of the legislation that an applicant should provide their real
name so that the request can be processed in accordance with the
requirements of the FOIA. A first name only is insufficient. Please see
the attached ICO Guidance and the extract copied below.
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as “Arthur Roberts”, “A. T.
Roberts”, or “Mr Roberts”, but not by stating his name as “Arthur” or
“A.T.R.”
Could you please clarify what information you are requesting You have used
the heading Accident - a27 travelling north on Polegate by pass at
junction of a27 approach to roundabout leading to a22, then you have gone
on to request , I would be grateful if you would provide the following
information in relation to a section of Frittenden road in Frittenden,
starting from the cross road between Common road and Frittenden road to
the T-junction between London road and Frittenden road.
These are two different areas, and the only road details concerning
Frittenden Road appears to be in Kent. Could you please be more specific
if these roads are in East Sussex.
If you believe that the County Council has not complied with the FOI Act
in responding to your request, you may ask for an internal review. If you
wish to do so, please set out the grounds of your appeal in writing to:
Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.
or by email to him at [1][email address]
Please quote the FOI reference number in any communication regarding this
particular request.
If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. [2]Tel: 0303 123 1113. [3]www.ico.gov.uk
Yours sincerely
******** **********
Customer Information
Dear C Eames
EIR Request ref: 4296 / Safety Inspections in Frittenden Road in
Frittenden
My colleague sent you a partial refusal on the grounds of no name
provided. This was in error as the name that you have provided is
sufficient for the purposes of the Freedom of Information Act. In any
event, I have assessed your request as falling under the terms of the
Environmental Information Regulations, which require no name to be
provided.
However, we do still require clarification my colleague has asked for
before we will be able to process your request and it is on hold pending
receipt of your clarification.
Please quote the above reference number in any communications regarding
this request
Yours sincerely
Jeremy Coleman
Customer Information Officer
East Sussex County Council
Communities, Economy and Transport Directorate
W1D, County Hall
St Anne’s Crescent
Lewes
East Sussex BN7 1UE
Phone: 01273 482913
Fax: 01273 481208
email: [1][East Sussex County Council request email] web: [2]www.eastsussex.gov.uk/foi
P please consider the environment - do you really need to print this
email
From: Freedom of Information
Sent: 29 July 2014 09:35
To: '[FOI #222001 email]'
Subject: Refusal No Name given
Dear C Eames
Thank you for your request for information. Your request was received on
28/07/2014 and I am dealing with it under the terms of the Freedom of
Information Act 2000 (FOIA).
We always aim to respond as quickly as possible, but in this case I am
refusing your request as it is not valid. An email address is sufficient
for delivery of requested information but there is a requirement under the
Act for a requester to provide their “real name”. I refer you to Section 8
FOIA, which I have copied below, and specifically to 8(1)(b).
8 Request for information.
This section has no associated Explanatory Notes
(1) In this Act any reference to a “request for information” is a
reference to such a request which—
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request—
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.
There are a number of reasons why a requester must supply their real name.
These include the following:
· a request is being made by the applicant for his/her own
personal data and so would be exempt under section 40(1) of the FOIA (and
would comprise a subject access request under the Data Protection Act
1998);
· a public authority has good reason to believe a requester is
using a pseudonym to shield his/her identity in order to avoid the
possibility of the request being considered as vexatious or repeated; or
· determining whether to aggregate costs for two or more requests
in accordance with the Fees Regulations.
The Information Commissioner’s Office supports the view that it was the
intention of the legislation that an applicant should provide their real
name so that the request can be processed in accordance with the
requirements of the FOIA. A first name only is insufficient. Please see
the attached ICO Guidance and the extract copied below.
Mr Arthur Thomas Roberts could satisfy section 8(1)(b) of the FOIA by
stating his name in a request for information as “Arthur Roberts”, “A. T.
Roberts”, or “Mr Roberts”, but not by stating his name as “Arthur” or
“A.T.R.”
Could you please clarify what information you are requesting You have used
the heading Accident - a27 travelling north on Polegate by pass at
junction of a27 approach to roundabout leading to a22, then you have gone
on to request , I would be grateful if you would provide the following
information in relation to a section of Frittenden road in Frittenden,
starting from the cross road between Common road and Frittenden road to
the T-junction between London road and Frittenden road.
These are two different areas, and the only road details concerning
Frittenden Road appears to be in Kent. Could you please be more specific
if these roads are in East Sussex.
If you believe that the County Council has not complied with the FOI Act
in responding to your request, you may ask for an internal review. If you
wish to do so, please set out the grounds of your appeal in writing to:
Philip Baker, Assistant Director, Legal and Democratic Services, East
Sussex County Council, County Hall, St Anne’s Crescent, Lewes, East
Sussex. BN7 1UE.
or by email to him at [3][email address]
Please quote the FOI reference number in any communication regarding this
particular request.
If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. [4]Tel: 0303 123 1113. [5]www.ico.gov.uk
Yours sincerely
******** **********
Customer Information
Dear Freedom of Information,
Hello sorry for confusion, I have no idea where Frittenden came into this.
I was travelling north on A27 on the Polegate by pass and about to enter the roundabout that leads to the A22.
The road surface on entry to the roundabout was severely damaged and there was no white line at the entrance to the roundabout. I applied brakes to my motorbike but the back wheel slipped from under me and I crashed to the road.
The remainder of my request refers only to this section of road where my accident occurred.
I hope that is clearer.
Yours sincerely,
C Eames
Dear C Eames,
Would you please confirm that the stretch of Road that you are referring to is as marked by 'A' on the attached map.
Yours sincerely
Jeremy Coleman
Customer Information Officer
East Sussex County Council
Communities, Economy and Transport Directorate
W1D, County Hall
St Anne’s Crescent
Lewes
East Sussex BN7 1UE
Phone: 01273 482913
Fax: 01273 481208
email: [East Sussex County Council request email] web: www.eastsussex.gov.uk/foi
please consider the environment - do you really need to print this email
Dear Ms Eames
EIR Request ref: 4296/Highway
Thank you for your request for information about the above. Your clarified
request was received on 05/08/2014 and I am dealing with it under the
terms of the Environmental Information Regulations 2004.
We always aim to respond as quickly as possible, and in this case will do
so no later than 02/09/2014, which is the amended 20 working day deadline,
taking into account the period on hold awaiting your clarification. The
deadline is counted from the first working day we receive it, not the date
a letter is written / posted or an email sent.
Please quote the above reference number in any communication regarding
this request.
Yours sincerely
Janice Evans
Customer Information Adviser
East Sussex County Council
Communities, Economy and Transport Directorate
W1D, County Hall
St Anne’s Crescent
Lewes
East Sussex BN7 1UE
Phone: 01273 482913
Fax: 01273 481208
email: [1][East Sussex County Council request email] web: [2]www.eastsussex.gov.uk/foi
P please consider the environment - do you really need to print this
email
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contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.
E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
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Although East Sussex County Council has taken steps to ensure that this
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if a virus is actually present and you are advised to ensure that the
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References
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1. mailto:[East Sussex County Council request email]
2. http://www.eastsussex.gov.uk/foi
Dear Ms Eames
EIR Request ref: 4296/Highway
Thank you for your request for information about the above, which has been
dealt with under the terms of the Environmental Information Regulations
2004. Your request and our response are set out below. Please note that
any information we provide is subject to the copyright and reuse of
information terms and conditions set out at the bottom of this email.
REQUEST
Under the general requirements of the Freedom of information Act 2000, I
would be grateful if you would provide the following information in
relation to a section of Frittenden road in Frittenden, starting from the
cross road between Common road and Frittenden road to the T-junction
between London road and Frittenden road.
o Dates of all safety inspections undertaken on the carriageway in the two
years preceding today's date
o Details of all carriageway defects identified during safety inspections
in the two years preceding today's date
o Details of how carriageway safety inspections are undertaken, including
whether walked or driven, the speed of the inspection vehicle and the
number of persons in the vehicle.
o The intended frequency of carriageway safety inspections.
o Details of all complaints and/or enquiries relating to the carriageway,
received in the two years preceding today's date.
o The hierarchy classification.
o The road/section number.
o The defect intervention criteria adopted in relation to the
identification of all categories of carriageway potholes
o The time period(s) adopted between identification and repair (temporary
and permanent) of all categories of carriageway defects.
o Whether or not the authority has formally adopted all or part of the
standards contained within the national code of practice for highways
maintenance management.
Clarification requested confirmed the area by attached map.
RESPONSE
Most of the A27 falls under the jurisdiction of the Highways Agency and
this particular section at Polegate is one of those. We therefore do not
hold any records that include this section of road.
You could make the same Environmental Information Regulations 2004
request to the Highways Agency by e-mailing ;
[1][email address] or calling them on 0300 123 50000
Further information can be obtained from their website Highways Agency.
I hope that this answers your enquiry. If you believe that the County
Council has not complied with the EIR in responding to your request, you
may ask for an internal review. If you wish to do so, please set out the
grounds of your appeal in writing to:
Philip Baker, Assistant Chief Executive, East Sussex County Council,
County Hall, St Anne’s Crescent, Lewes, East Sussex. BN7 1UE.
or by email to him at [2][email address]
Please quote the EIR reference number in any communication regarding this
particular request.
If you are not content with the outcome of the internal review, you then
have the right to apply directly to the Information Commissioner for a
decision. Generally, the Information Commissioner cannot make a decision
unless you have exhausted the County Council’s internal review procedure
as described in the previous paragraph. The Commissioner can be contacted
at: Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. Tel: 0303 123 1113. [3]www.ico.org.uk
Yours sincerely
Janice Evans
Customer Information Adviser
East Sussex County Council
Communities, Economy and Transport
W1D, County Hall
St Anne’s Crescent
Lewes
East Sussex BN7 1UE
Phone: 01273 335498
Fax: 01273 481208
email: [4][East Sussex County Council request email] web: [5]www.eastsussex.gov.uk/foi
P please consider the environment - do you really need to print this
email
Copyright and Re-Use of information
1. Providing you with documents under the Freedom of Information Act does
not give you an automatic right to re-use those documents in a way that
would infringe copyright – for example by making multiple copies, or by
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of a licence and the application of a Fee.
This message is intended for the use of the addressee only and may
contain confidential or privileged information. If you have received it in
error please notify the sender and destroy it. You may not use it or copy
it to anyone else.
E-mail is not a secure communications medium. Please be aware of this
when replying. All communications sent to or from the County Council
may be subject to recording and/or monitoring in accordance with
relevant legislation.
Although East Sussex County Council has taken steps to ensure that this
e-mail and any attachments are virus free, we can take no responsibility
if a virus is actually present and you are advised to ensure that the
appropriate checks are made.
You can visit our website at http://www.eastsussex.gov.uk
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
mailto:[email address]
3. http://www.ico.org.uk/
4. mailto:[East Sussex County Council request email]
5. http://www.eastsussex.gov.uk/foi
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