Oysterman (Account suspended)

Dear Borders NHS Board,

I request the following under the Freedom of Information (Scotland) Act 2002

A) A full statistical count of all and any allegations against any employee, other contracted individual or head management member of the service by any person whatsoever detailing that a child was sexually abused by them.

B) A disclosure of the services child protection policy, procedure & practice.

C) A disclosure of what action the service took in regards allegations that were subsequently determined to be false, unproven, or true, by any court in the UK.

Between 30/6/2010 - 30/6/2019

Yours faithfully,

Oysterman

Freedom of Information, Borders NHS Board

Unfortunately this request is invalid as you have not provided a full name on the request and under the Freedom of Information (Scotland) Act 2002, Part 1, Section 8 (1)(b) a request must state the full name of the applicant and an address for correspondence. Can you please provide your full name so we can action this request?

Many thanks

Freedom of Information
NHS Borders

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Oysterman (Account suspended)

Dear Freedom of Information,

I formally request a review under the act. One would hope that the service would be able to action the request without the requester needing to compromise there own anonymity in such a sensitive area, the subject matter is of course important and if answered would add credit to the services transparency status while perhaps helping any (and hopefully not) child victims in the future know of the services policy in regards there safety. Therefore, I wish a review to be conducted. This review should set out to establish if the service are willing to provide the information regardless of the absence of disclosure of the requesters details. If so willing to provide the original information as sought then the requester would be grateful if it was so supplied.

Yours sincerely,

Oysterman

Freedom of Information, Borders NHS Board

Under Section 8(1)(b) of the Freedom of Information (Scotland) Act 2002 the name of the requester or applicant must be provided. This means that requests cannot be made anonymously and pseudonyms (fake names) cannot be used. Further information on this can be found at the following link - http://www.itspublicknowledge.info/Law/F...

Should you wish us to proceed with your request can you please provide your full name to allow us to process your application.

Many thanks

Freedom of Information
NHS Borders

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Oysterman (Account suspended)

Dear Freedom of Information,

That’s an interesting review response. I will take this issue further with the FOIS Commissioner.

Yours sincerely,

Oysterman

Oysterman (Account suspended) left an annotation ()

To: Information Commissioner for Scotland.

I request the following clarification:

I did place a FOISR with a service in Scotland. That service did request that I give my name and not an alias. I did then request an internal review and for that review to consider supplying the information considering the nature of the subject matter without requiring I disclose my details. The service responded stating they could not do that as the act requires the applicant to supply such details before the information requested by the FOISR request is provided.

I request clarification on that matter specifically on the duty of respondents to conduct an internal review irregardless of the response given to my own request to remain unidentified one would expect in the circumstances:

A) A review would be conducted if and when requested to verify the initial refusal is legitimate despite being legitimate or not.

B) The first respondent to identify themselves upon contact.

C) The reviewer to identify themselves upon contact.

So that the requesting party can be sure peer review has been carried out.

Do respondents and reviewing parties have the duty to identify themselves despite the applicant not identifying themselves if the applicant requests a review of any claim true or false that a requesting party must provide there details or the FOISR can not be processed ?

One would argue there should be otherwise requesting parties can not be sure that an internal peer review thus neutrality has been displayed in regards reaching the conclusion “Can not process unless details are supplied” while there conclusion maybe true the principle of peer review being overlooked is disconcerting.

I await your response,

(Oysterman)

Oysterman (Account suspended) left an annotation ()

FREEDOM OF INFORMATION COMMISSION FOR SCOTLAND:

Dear (Oysterman)

I have been forwarded your enquiry to respond to.

I have provided my answers to the questions you have asked as follows:

A public authority can ask a requestor for proof of their identification.
The requestor does not have to provide identification. However, the requestor must provide their real name.

The guidance from the Commissioner’s website
(http://www.itspublicknowledge.info/FAQ/G...) states:

The FOI Act says that a request must include the name of the applicant and an address for correspondence. In terms of your address, either your full postal address or your email address will be fine.

You will need to provide your full real name. If you don't use your real name the authority won't have to provide the information, and you won't be able to appeal to the Commissioner. At the very least, your request should include your initial and your surname.

If the requestor does not provide their real name and appeals a review response issued by a public authority, then the requestor will not be able to appeal the Commissioner’s decision to the Court of Session.

The response to a request is from a Scottish public authority. In theory the respondent does not need to provide their full name, only a contact address such as an email address. The authority should also make it clear who any request for review should be sent to, again this could be a generic mail address such as: reviews@xxxx. Sometimes authorities use a single mailbox for receiving and responding to requests, and several employees can access the single mailbox, therefore the respondent’s name is sometimes not provided.

Regards

Julie Frew
Freedom of Information Officer
___________________________________________
The Office of the Scottish Information Commissioner
Kinburn Castle, Doubledykes Road,
St Andrews, KY16 9DS

Oysterman (Account suspended) left an annotation ()

To: Information Commissioner for Scotland.

The ability of the respondent not to identify themselves, is that only available to the initial respondent or can it extend to the peer tasked with conducting a review as well ?

Thank you for your clarification.

Oysterman (Account suspended) left an annotation ()

Dear (Oysterman)

Thank you for your enquiry. I would advise you that you should include your full name in both the initial request and in your review requirement. This will save you the disappointment of having a subsequent application to the Commissioner declared as invalid. You of course have the right to ask for any decision that may be issued by the Commissioner (as follow up to your request, review requirement and application) to be rendered anonymous.

Kind regards

Avril

Avril Mills
Freedom of Information Officer

Oysterman (Account suspended) left an annotation ()

Dear, Freedom of Information Scotland Commissioner.

The requirement for the requestor to give there “real name” is of course well noted. On that point however, is there a definition within the act of what a “real name” actually is ? One would think that the name of the requestor as stated on there birth certificate, deed poll, or gender recognition certificate would constitute a “real name” a position it seems the commission also take. The commission has also stated that inherited clan second names recognised by Scots clan law/heraldic law that the requesting party may of right use under such forms of law but that do not appear on any certification are not acceptable. I am also aware that the commission has however recognised transgender names that do not appear on any certification if the requestor has maintained there name continuously within the community with serious intent to stand by such a name - a position the requestor is thankful for. There also maybe a defence in Scots civil common law (customs & practices) and Scots civil statute law under the equality act 2010 that transgender names maybe counted as “real names” if maintained by the person for five years or more. All in all I get the point though as stated and it is well noted I.e in order for an application to be accepted as valid by the commissioner it must bare the applicants true name. The reason I ask the commission if there is any statutory guidance on what a “real name” is is not for my own education or benefit but for that of children (those 15- according to Scots law) whom may wish to receive information about child protection issues from public bodies but reserve there right to remain anonymous to the service there requestion from. So I guess that’s a another question. Finally, the commission has not stated if the peer tasked with rendering a review upon request from the requesting party is required to give there name even if the applicant does not or first respondent does not . I note however in theory, the first respondent does not need to.

I will make this my final inquiry on this issue - any further information regarding what a real name is, if there is any measurements in place to allow children not to provide there name yet still be given an assessment judgment from the commissioner and if there is a requirement upon the second reviewing respondent to provide there name to the applicant even if the applicant does not would be greatly appreciated.

Thank you,

(Oysterman)

Oysterman (Account suspended) left an annotation ()

Dear (Oysterman)

In response to your question as to whether there is a definition within FOISA of what a “real name” actually is, to my knowledge there is not, however we advise that the minimum for acceptance is the initial of your first name and your surname.

In response to your question about whether or not the public authority officer who responds to a request and the officer who responds to a review requirement is obliged to give their name. To my knowledge there is nothing in the Freedom of Information Scotland Act 2002 (FOISA) that compels them to do so.

Kind regards

Avril Mills
FOI Officer

Oysterman (Account suspended) left an annotation ()

TO: Freedom of Information Scotland Commissioner.

Thank you.

(Oysterman)

Oysterman (Account suspended)

Dear Freedom of Information,

I have taken the issues to the FOIS Commission for clarification for both our benefit. NHS Borders may wish to read the attached correspondence in the annotations section connected to this FOISR on the WDTK website. The exchange between my self and this service including the FOIS commission will be studied for its potential impact value to help children whom may wish to obtain information regarding issues of child protection from the service but still remain anonymous, an analysis will be published in the annotations section in due course with subsequent findings and any recommendations to the service. I will of course then inform the service of when this has been done unless requested otherwise. I have marked this request however as refused.

Yours sincerely,

Oysterman