All documents held by HBC on the Old Roar Gill Landslip
Dear Hastings Borough Council,
Please provide under EIR for every document(in any format including email, images, documents etc) held by HBC on the Old Roar Gill landslip the following information:
1. Name of author(s)/organisation that produced it
2. Title of document
3. Date produced
Yours faithfully,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Hastings Borough Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Hastings Borough Council's handling of my EIR request .
Please review this refusal.
The request has been refused in its totality. This is a blanket refusal of all information held within the document(s). It is extremely unlikely that all the information held in the document(s) is subject to exception reasons 12(5)(e) and 12(5)(f). HBC have not considered releasing a redacted version of the document(s).
The public interest test has not been considered at all. The public interest in releasing the information has not been weighed against the claimed protection of unspecified economic interests and the unspecified interests of the person who provided the information to the public authority.
The refusal seem to be boiler plate text that HBC is using to justify none release of all information on a generic blanket basis. It is generic and does not consider the issue or the document(s) under consideration.
HBC have refused under:
A) 12(5)(e) - Confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest
HBC have not defined what economic interest(s) are being protected. What and whose interests are being protected?
The fact that the residents have not been provided the information is not a consideration. It does not justify the none release of the document(s). Residents should have been supplied copies of the information.
HBC use the fact that the information is to be discussed in secret at full council to justify non release. This should not be a consideration under EIR. This is a circular argument to justify none release. The secret council meeting has now been concluded and a decision made based upon the refused document(s). The refusal reason no longer applies.
B) 12(5)(f) – Interest of the person who provided the information to the public authority.
What interests and whose interests are being protected? HBC have not defined what person supplied the information. The Coffey report is based upon the Dialles report which is in the public domain.
HBC claim that the provider is not under a legal obligation to provide such information. The provider of such information cannot be HBC’s insurers Zurich as they would be obliged to release information to their client HBC.
It has not been demonstrated how release of such information would harm HBC’s position and legal proceedings as claimed.
The Coffey documents were commissioned by HBC. Is there additional information provided by unknown third parties? Which third parties have supplied this information?
A full history of my EIR request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...
Yours faithfully,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Hastings Borough Council,
I have sent a review request for this FOI in error.
The review request was for another FOI and has now been sent to that FOI.
Please accept my apologies for any inconvenience.
Yours faithfully,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Mr Hurrell
I refer to your email dated 16 October 2024 ref: FOIR-655052732 Subject: All documents held by HBC on the Old Roar Gill Landslip.
Since the landslip in February 2024 many officers of the council have been heavily involved therefore Hastings Borough Council holds a vast amount of information.
Your request for every document held by Hastings Borough Council in relation to the Old Roar Gill landslip is too broad and to comply would far exceed the cost limit under the Environmental Information Regulations.
Please can you kindly refine your request or identify what information you are trying to obtain?
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
Dear Information Officer,
You have misintepreted my request. I have not asked for a copy of every document held. I have asked for information concerning documents held by HBC on the current Old Roar Gill landslip which occured in February 2024. I have asked for the following information for every document held:
1. Name of author(s)/organisation that produced it
2. Title of document
3. Date produced
Your claim that "Your request for every document held by Hastings Borough Council in relation to the Old Roar Gill landslip is too broad and to comply would far exceed the cost limit under the Environmental Information Regulations" misinteprets my request - the request is specific and easily falls within time limitations of the EIR.
There is no need for you to read and redact every single page of such documents.
There is no need for you to spend a large amount of time on this and the request cannot be considered manifestly unreasonable in terms of costs.
This cannot be that excessive a request and will easily fall within the scope of what is allowed under EIR.
You have already stated in a previous request that the documents held on the current old roar landslip are subject to exceptions 12(5)(e) and 12(5)(f) - https://www.whatdotheyknow.com/request/c...
.To reach this conclusion you must therefore already be fully aware of the documents held by HBC on this subject. I simply request that you provide me with the following information concerning the documents you hold:
1. Name of author(s)/organisation that produced it
2. Title of document
3. Date produced
Yours sincerely,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Mr Hurrell
Thank you for your email dated 28 October 2024.
Hastings Borough Council is attempting to narrow down your request to make it fit within the time limit set by the Information Commissioner's Office.
In your original request you asked for every document (in any format including email, images, documents etc).
My current understanding is that the scope of your request remains the same, but instead of requesting the whole document you are now requesting (1) the name of the authors, (2) the title of document, and (3) the date produced for absolutely everything that is held in relation to the February 2024 Old Roar Landslip.
As highlighted in my email sent yesterday, many officers of the council have been, and still are, heavily involved with the landslide, therefore Hastings Borough Council holds a vast amount of information. To ask every officer involved to send me every email sent/received and every document they may hold, and then for me to examine them all would far exceed the time and cost limit. This does not include my time in looking at each email, document, report to provide you with a summary list of: 1. Name of author(s)/organisation that produced it 2. Title of document 3. Date produced.
Please can you define, as concisely as possible, what is meant by 'documents' or the scope of the documents you are seeking?
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
Dear Information Officer,
You continue to misintepret my request. This is a new information request that has nothing to do with the ICO decision dated 16/10/2024. The request that the ICO decision ruled on was for all documents over a 10 year period in the vicinity of the gill. That request can be seen here: https://www.whatdotheyknow.com/request/o...
This request is a different EIR request. It asks for information concerning the current landslip that started in Feb 2024.
It asks for :
"Please provide under EIR for every document(in any format including email, images, documents etc) held by HBC on the Old Roar Gill landslip the following information
1. Name of author(s)/organisation that produced it
2. Title of document
3. Date produced"
I am happy to revise this to be the following:
Please provide under EIR for every document or report held by HBC on the Old Roar Gill landslip the following information:
1. Name of author(s)/organisation that produced it
2. Title of document
3. Date produced
Document or report would be any document or report held by HBC - emails not to be included.
Note that the request does not ask for copies of the documents.
I cannot believe that the volumes will be excessive or the work will be very time consuming. I am aware of the following documents
BDR report
Dialles report
part 1 report to council EGM
Coffey report on landslip
Please provide the requested details for any other reports/documents held.
Yours sincerely,
Chris Hurrell
Thank you for your Freedom of Information request.
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act.
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
References
Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk
Dear Mr Hurrell
Thank you for your email and revised request, I will now process and our response will be sent in due course.
In terms of the ICO decision dated 16 October 2024, I have sent you an email regarding this and await your response.
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
Dear Mr Hurrell
I refer to your recent Freedom of Information request ref: FOIR-655052732.
Please find attached our response.
Yours sincerely
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
[1][IMG]
References
Visible links
1. file:///tmp/my.hastings.gov.uk
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