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Additional Capital Investment Funding for Edinburgh College AY2016/17

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Dear Edinburgh College,

I refer to the recent document Announcement of additional capital funding for colleges in FY 2016 from the SFC.
http://www.sfc.ac.uk/communications/Anno...

With enclosures

http://www.sfc.ac.uk/web/FILES/Announcem...

£10 million has been allocated to the further education (FE) sector to support the upgrade and maintenance of college estates.

The additional funding brings the total maintenance element of FE capital funding for FY 2016-17 to £25.6 million.

I note that the total capital funding for Edinburgh College for AY 2016/17 is £2,806,686, which is an additional amount off £1,089,639. Bearing in mind that the Capital funding for 2016/17 was originally £1,717,046, this is a substantial boost to your capital budget for the upgrade and maintenance of your estates.

This additional funding has been awarded to maximise the effect of this capital maintenance budget from public funds being invested into your college estate, therefore can you please advise the most pressing needs of the Edinburgh College estate, and inform me of the project and or projects and approximate value(s) that you have identified, which the additional funding is to be spent?

Yours faithfully,

John Gallacher

Alan Williamson, Edinburgh College




I am currently on annual leave and return to the office on Monday, 07
November 2016.  

 

Please contact Pauline MacPherson in my absence:

 

[email address]

 

Regards

Alan

 

 

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www.edinburghcollege.ac.uk

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

We are in receipt of your request for information under the Freedom of Information (Scotland) Act 2002 (copied below) and will respond by 18 November 2016.

Kind regards
FOI Team

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Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

 

As of 1 October 2012, Edinburgh’s Telford College, Jewel & Esk College and
Stevenson College merged to create a single college called Edinburgh
College.

 

We refer to your information request of 22 October 2016 and can confirm
that this is exempt under Section 30 of the FOI(S) Act 2002 as release of
this information would prejudice the effective conduct of the college’s
business.

 

Please note, all Board decisions are published on the college website,
unless an exemption applies under FOI(S)A, and this is normally within
twelve weeks of the meeting at which a decision is made.

 

Edinburgh College is subject to the provisions of the Freedom of
Information (Scotland) Act (FOISA) 2002. If you are dissatisfied with this
response, you may ask the college to review this decision. To do this,
please contact the Governance Director at the postal address below or
e-mail the Governance Director at [1][email address]
describing your original request and explaining your grounds for
dissatisfaction. (Please include in your review request, your name and
home address for correspondence).

 

You have 40 working days from receipt of this letter to submit a review
request to:

 

Governance Director

4th Floor

Edinburgh College (Milton Road Campus)

24 Milton Road East

Edinburgh

EH15 2PP

 

When the review process has been completed and if you are still
dissatisfied, you may ask the Scottish Information Commissioner to
intervene.

 

The Commissioner’s contact details are as follows:

 

The Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

FIFE

KY16 9DS

 

Email: [2][email address]

 

You also have the right to appeal to the Court of Session on a point of
law following a decision of the Commissioner.

 

Please note, anyone using a false name/identity to submit an FOI request
will forefeit their right to future action being taken by the Scottish
ICO.

 

Regards

FOI Team

 

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Dear Edinburgh College Freedom of Information,

I am writing to request a formal review as the colleges's business is conducted using the public purse, therefore the public imterest test outweighs any prejudice of the colleges business.

I do mot have to remind you that the business of Edinburgh College is currently being scrutinised in the public domain as your officials have been called into Holyrood to give account of mismanagement of the public pound as can be evidenced here:

http://www.scottishparliament.tv/Archive...

I shall look forward to hearing from you by returm.

Yours sincerely,

John Gallacher

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

We can confirm receipt of your email (received 25 November) and will be in contact with the outcome of the formal review in due course.

Regards
FOI Team

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Dear Edinburgh College Freedom of Information,

Thanl ypu for finally responding to this internal review, albeit rather late, which surprises me not.

It is apparent that you like to rely on issing a section 30 exception.

Let me remind you that non disclosure of public information is prejudicial to the tax payers business.

I shall look forward to your HONEST disclosure, if not you shall be hearing from the ICO.

Yours sincerely,

John Gallacher

Dear Edinburgh College Freedom of Information,

Additionally to support my request for an internal review, I would like to request and highlight the following:

I would cite The ICO's definition of an exemption under section 30 of FOISA:

Pleased provide a copy of the public interest test undertaken in this exercise as I believe that this information is of public interest. The fact that you choose not to disclose this information leads me to believe that there is something which is of serious concern and benefit to the public. Please be fully specific in which particular exemption of Section 30(c) you have applied in your public interest test.
It should be noted in the briefing on Section 30 (http://www.itspublicknowledge.info/nmsru... that "Information is exempt under section 30(c) of FOISA if disclosure would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs. The use of “otherwise” makes it clear that the exemption can’t be used to withhold information where disclosure would harm the maintenance of collective responsibility". As such I believe it to be of public interest, not only for the intial FOI request, but also the decision taken for applying then exemption.

Yours sincerely,

John Gallacher

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

An internal review has been undertaken on the response provided to your FOI request.

The review has found in favour of our decision to apply the FOI(S)A Section 30 exemption and agreed that the release of this information would prejudice the effective conduct of the college's business.

If you are still dissatisfied, you may ask the Scottish Information Commissioner to intervene.

The Commissioner’s online appeal service is available from their website: www.itspublicknowledge.info/Appeal

The online appeal service is available 24/7 and offers you real time help and advice about your appeal.

You also have the right to appeal to the Court of Session on a point of law following a decision of the Commissioner.

Kind regards

FOI Team

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Dear Edinburgh College Freedom of Information,

I note your internal review decision, however I would highlight the fact that capital expenditure funding has been allocated to Edinburgh College for use in the the year 2016/17.

Therefore due to the ONS classification of Further Education Colleges, this funding will have to be spend before the end of the financial year in March 2017, as the college are unable to hold cash/funding reserves. Any financial reserves would then be transferred into the Arms Length Foundation would it not? Therefore if the college has not spent this funding on capital investment, there is a risk that this funding may not be returned if any request to the ALF is declined in the next financial year.

I still fail to see why disclosure of information regarding capital expenditure funding would not be prejudicial to the business interests of the college.

Please confirm what capital expenditure programmes you have commissioned and will be invoiced for in the financial year the capital expenditure funding appertains to being FY 2016/17?

Additionally, I had originally noted that the total capital funding for Edinburgh College for AY 2016/17 is £2,806,686, please advise if Edinburgh College has been awarded additional capital funding in excess of £2,806,686? If so please advise the total capital funding Edinburgh College has received?

Yours sincerely,

John Gallacher

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

 

We would refer you to the email sent to you on 16 January in which we
provided you with the result of our internal review to your original FOI
request.

 

If you are dissatisfied with the response, you may ask the Scottish
Information Commissioner to intervene.

 

The Commissioner’s online appeal service is available from their website:
[1]www.itspublicknowledge.info/Appeal

 

The online appeal service is available 24/7 and offers you real time help
and advice about your appeal.

 

You also have the right to appeal to the Court of Session on a point of
law following a decision of the Commissioner.

 

Finally, can you please confirm if you would like us to treat your request
for the following information as a new FOI request:

 

"Additionally, I had originally noted that the total capital funding for
Edinburgh College for AY 2016/17 is £2,806,686, please advise if Edinburgh
College has been awarded additional capital funding in excess of
£2,806,686? If so please advise the total capital funding Edinburgh
College has received?"

 

Kind regards

 

FOI Team

 

 

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John Gallacher left an annotation ()

This request has now been passed to the Scottish Information Commissioner for her consideration.

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

 

We are writing in response to your FOI request for information on what
project(s) and approximate value(s) the college is undertaking after
receiving additional capital funding from the Scottish Funding Council
(£1,089,639).

 

Unfortunately, we were unable to respond to your earlier request (22
October 2016) as no decision had been made on the allocation of this
additional funding and discussions were ongoing.

 

An initial meeting was held on 18 January 2017 to discuss the allocation
of these funds, and after further detailed review, we can now confirm that
the funding will be used on the following project(s):

 

Equipment for Curriculum Faculties £92,874
Room Changes/Refurbishments to Accommodate Curriculum Growth £455,676
Areas
IT Equipment for Curriculum Faculties £298,440
Estates Related Buildings/General Repairs £153,020
Estates Priority Reactive Maintenance Works £89,629
Total £1,089,639

 

We have copied in the Scottish Information Commissioner's Office so that
they are aware of our disclosure of this information to you.

 

Regards

 

FOI Team

 

 

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Dear Edinburgh College Freedom of Information,

Thank you so much for your response, this is much appreciated.

Was the additional amount was for capital or maintenance?

Yours sincerely,

John Gallacher

Dear Edinburgh College Freedom of Information,

In order for me to formally withdraw my appeal to the information commissioner, could you please advise if the additional funding was capital or maintenance?

Yours sincerely,

John Gallacher

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

 

As of 1 October 2012, Edinburgh’s Telford College, Jewel & Esk College and
Stevenson College merged to create a single college called Edinburgh
College.

 

The SFC announcement on additional capital funding for colleges in FY
2016/17 (issued 30 September 2016) confirms that the additional funding is
to be spent on college capital maintenance. The full document can located
on the SFC website:
[1]http://www.sfc.ac.uk/web/FILES/Announcem...

 

As stated in our email to you on 1 March 2017, £89,629 has been put aside
for estates priority reactive maintenance works which will be committed by
31 March 2017.

 

Edinburgh College is subject to the provisions of the Freedom of
Information (Scotland) Act (FOISA) 2002. If you are dissatisfied with this
response, you may ask the college to review this decision. To do this,
please contact the Head of Corporate Development at the postal address
below or e-mail the Head of Corporate Development at
[email address] describing your original request and
explaining your grounds for dissatisfaction. (Please include in your
review request, your name and home address for correspondence).

 

You have 40 working days from receipt of this letter to submit a review
request to:

 

Head of Corporate Development

4th Floor

Edinburgh College (Milton Road Campus)

24 Milton Road East

Edinburgh

EH15 2PP

 

When the review process has been completed and if you are still
dissatisfied, you may ask the Scottish Information Commissioner to
intervene.

 

The Commissioner’s online appeal service is available from their website:
[2]www.itspublicknowledge.info/Appeal

 

The  online appeal service is available 24/7 and offers you real time help
and advice about your appeal.

 

You also have the right to appeal to the Court of Session on a point of
law following a decision of the Commissioner.

 

Regards

FOI Team

 

 

 

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Dear Edinburgh College Freedom of Information,

I asked you, Edinburgh College for clarification on the disclosure, I had to approach the Scottish Information Commissioner to ensure that you answered my request and you have yet again not answered my query, you are doing everything 'not' to answer any form request or questions.

Therefore I have taken unprecedented action and contacted the Scottish Funding Council, as the scope of the spend you outline is extremely wide and I refuse to communicate with you any further.

Yours sincerely,

John Gallacher

Dear Edinburgh College Freedom of Information,

After some consideration, regarding the scope of your answer being very large and wide.

Please supply relevant invoices, or purchase order requests for the spend of this additional capital maintenance grant funding for FY 2016/17.

As this grant funding will have to be spent by 31st March 2017.

Yours sincerely,

John Gallacher

Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

We are in receipt of your request for information under the Freedom of Information (Scotland) Act 2002 (copied below) and will respond by 05 April 2017.

Kind regards
FOI Team

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Edinburgh College Freedom of Information, Edinburgh College

Dear Mr Gallacher

 

As of 1 October 2012, Edinburgh’s Telford College, Jewel & Esk College and
Stevenson College merged to create a single college called Edinburgh
College.

 

We refer to your information request of 08 March in which you ask the
college to supply relevant invoices, or purchase order requests for the
spend of the additional capital maintenance grant funding for FY 2016/17.

 

As noted in your email, the funding will be committed by 31 March 2017. It
will therefore not be possible for the college to provide all of the
requested information (subject to exemptions) before the end of the
current financial year.

 

Under our duty to provide advice and assistance, referring to your point
that our previous response was too large and wide, we have provided a
further breakdown of the projects being funded by the additional funding:
 

 

Equipment for Curriculum Faculties £92,874

-          Essential equipment for Curriculum areas including
Build Environment, Travel & Tourism/Modern Languages;
Professional Cookery, Art & Design.
Room Changes/Refurbishments to Accommodate Curriculum Growth £455,676
Areas

-          Changes to classrooms, refurbishment of Halls of
Residences, refurbishment of computing networking labs and
equipment.
IT Equipment for Curriculum Faculties £298,440

-          Essential PC and AV replacements and WiFi upgrade.
Estates Related Buildings/General Repairs £153,020
Estates Priority Reactive Maintenance Works £89,629
Total £1,089,639

 

As advised in the SFC Announcement (30 September 2016), the SFC are
working with the sector to agree a mechanism by which colleges can
identify and report on the projects on which the additional funding is to
be spent. The college will report directly to the SFC on how the
additional funding has been spent. As yet, we have not received a deadline
from the SC for the submission of this information.

 

Edinburgh College is subject to the provisions of the Freedom of
Information (Scotland) Act (FOISA) 2002. If you are dissatisfied with this
response, you may ask the college to review this decision. To do this,
please contact the Governance Director at the postal address below or
e-mail the Governance Director at [1][email address]
describing your original request and explaining your grounds for
dissatisfaction. (Please include in your review request, your name and
home address for correspondence).

 

You have 40 working days from receipt of this letter to submit a review
request to:

 

Head of Corporate Development

4th Floor

Edinburgh College (Milton Road Campus)

24 Milton Road East

Edinburgh

EH15 2PP

 

When the review process has been completed and if you are still
dissatisfied, you may ask the Scottish Information Commissioner to
intervene.

 

The Commissioner’s online appeal service is available from their website:
[2]www.itspublicknowledge.info/Appeal

 

The  online appeal service is available 24/7 and offers you real time help
and advice about your appeal.

 

You also have the right to appeal to the Court of Session on a point of
law following a decision of the Commissioner.

 

Regards

FOI Team

 

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