Dear Bolton Metropolitan Borough Council,
Please provide the organisational structure charts (including names, job tile and contact details) for the Adult Social Care, Children’s Social Care and Education directorate covering the following job titles:
Director, assistant director, Head of Service, Service Manager.
I look forward to your response.
Important:- During this pandemic you may experience understandable delays
when making information requests. Please bear with us during this period.
Dear Leah Overend
We acknowledge with thanks your request for information held by Bolton
Council received at this office on 20 April 2020.
This request will be considered under the Freedom of Information Act 2000
and may take up to 20 working days to be processed (although we will
endeavour to provide the information as quickly as possible).
Please be advised that if an exemption applies to the information that you
have requested, the statutory period may be exceeded in accordance with
the provisions of the act.
Please retain the reference number RFI 005554 for any future enquiries
regarding this matter.
Information Governance Administrator
Information Governance Team
Room 120, 1^st Floor, Town Hall, Bolton, Bl1 1RU
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Dear Leah Overend
Request for information under the Freedom of Information Act 2000
The council has considered your request which was received on 20^th April
2020 and our response to your questions are shown below.
Please provide the organisational structure charts (including names, job
tile and contact details) for the Adult Social Care, Children’s Social
Care and Education directorate covering the following job titles:
Director, assistant director, Head of Service, Service Manager.
Please see attached excel document ‘RFI 005554 – Dept of People Org
Names have been supplied for senior staff only i.e. Heads of Service
upwards. All officers email addresses take the format of
[email address] and all staff are available via the
Council's direct number 01204 333333.
The council is withholding the requested names of employees below this
level. In accordance with section 40(2) of the Act, the personal
information about identifiable living individuals is exempt if disclosure
to a third party would contravene one of the General Data Protection
Regulations (GDPR) principles. The council have therefore not provided
this personal information of junior council employees, as publication
would breach the first data protection principle in Article 5 of the GDPR.
Section 40 of the Freedom of Information Act 2000, which states:
“40 Personal information.
(1)Any information to which a request for information relates is exempt
information if it constitutes personal data of which the applicant is the
(2)Any information to which a request for information relates is also
exempt information if—
(a)it constitutes personal data which does not fall within subsection (1),
(b)the first, second or third condition below is satisfied.
(3A)The first condition is that the disclosure of the information to a
member of the public otherwise than under this Act—
(a)would contravene any of the data protection principles, or
(b)would do so if the exemptions in section 24(1) of the Data Protection
Act 2018 (manual unstructured data held by public authorities) were
(3B)The second condition is that the disclosure of the information to a
member of the public otherwise than under this Act would contravene
Article 21 of the GDPR (general processing: right to object to
(4A)The third condition is that—
(a)on a request under Article 15(1) of the GDPR (general processing: right
of access by the data subject) for access to personal data, the
information would be withheld in reliance on provision made by or under
section 15, 16 or 26 of, or Schedule 2, 3 or 4 to, the Data Protection Act
(b)on a request under section 45(1)(b) of that Act (law enforcement
processing: right of access by the data subject), the information would be
withheld in reliance on subsection (4) of that section.”
The council are required under section 40(2) to take in account the GDPR,
in particular Article 4, which states:
“‘personal data’ means any information relating to an identified or
identifiable natural person (‘data subject’); an identifiable natural
person is one who can be identified, directly or indirectly, in particular
by reference to an identifier such as a name, an identification number,
location data, an online identifier or to one or more factors specific to
the physical, physiological, genetic, mental, economic, cultural or social
identity of that natural person”.
The council have considered the principles of the GDPR in our decision as
to whether to disclose the withheld information. The information
identifies living individuals and is therefore classified as personal
data. As the withheld information constitutes the personal data of third
parties, the council needs to consider whether disclosure would breach the
data protection principles. Principle (a) under Article 5 of the GDPR is
the most applicable. When considering whether disclosure of information is
a breach of principle (a), the council must consider whether disclosure is
lawful and then whether it is fair.
The lawful basis that is most relevant in this case is legitimate
interests under Article 6.1(f). The council needs to balance the rights
and freedoms of the individuals with legitimate public interest in
disclosure. The council does not believe there is any lawful basis to
disclose this information in a Freedom of Information response.
Unlike a public interest test in the case of section 40(2) there is an
assumption against disclosure and therefore a justification is needed for
disclosure. The council does not believe there is any significant
commercial interest, or societal benefits in disclosing the withheld
information of the individuals concerned, and your request does not
outline any legitimate interests that this information should be
disclosed. The council believes disclosure of this information would cause
an unwarranted interference with these individual’s rights.
In addition, the council must also consider whether it is fair in general
terms to disclose the information. The council considers it would not be
fair to disclose the withheld information of members of staff. As per
guidance from the Information Commissioners Office (ICO), the council
should treat all requests for information equally, and the council should
only disclose information under the Act if the council would disclose it
to anyone else who asked, therefore release of information under the Act
should be considered as if it were being released to the world at large.
The individuals would not expect their personal information to be
disclosed at the time the information was provided and would not expect
their personal information to be disclosed to the world at large without
their consent. The Information Commissioner’s guidance states ‘It is
reasonable to expect that a public authority would disclose more
information relating to senior employees than more junior ones…the
disclosure must not cause unwarranted interference with the rights,
freedoms and legitimate interests of the employee’. It is the council’s
general guidance not to disclose personal information related to employees
below the level of Head of Service.
The council have therefore determined that in this instance the disclosure
of this information to you otherwise than under the Act would contravene
Principle (a) of the GDPR – lawfulness, fairness and transparency.
The council is therefore withholding some information as detailed above
under section 40(2) of the Act. Please accept this letter as a partial
refusal notice issued in accordance with section 17 of the Act.
Please note that Bolton Council can advise that it does not respond to
unsolicited requests regarding sales, procurement and commissioning. All
the councils services follow a strict procedure as the council has a
responsibility to spend public money to achieve the best possible value
and outcomes for its residents whilst maximising the wider social,
economic and environmental aims. All of our procurement is carried out in
line with Bolton Council’s internal Standing Orders and Financial
Regulations, but also any relevant UK and EU legislation.
There is more detail on this available on the Bolton Council website using
the following link:
Documents that we provide in response to your request are protected by
copyright. You are free to use them for your own use, including for
non-commercial research purposes. They may also be used for news
reporting. However, any other type of re-use, for example by publishing
the document or issuing copies to the public will require the permission
of the copyright owner.
As per the Information Commissioners Office’s Freedom of Information Code
of Practice, should you disagree with our decision, you may appeal within
40 working days of this email to:
The Borough Solicitor, Bolton Council, Town Hall, Bolton, BL1 1RU
Email: [email address]
Should you further disagree with the decision following the appeal you may
wish to contact the Information Commissioner:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF
Tel: 0303 123 1113
Should you have any queries, please contact [email address]
The Information Governance Team
Town Hall, Bolton, BL1 1RU
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