Anti social behavior act compliance .

The request was partially successful.

Dear North Ayrshire Council,
Can you confirm that the council comply with the the anti social behaviour act in relation to :

1. Sending letters to arrange a meeting with any person accused of anti social behaviour .

2. Reviewing anti social behaviour cases every 6 months .

3. Sending letters that a review has taken place .

4. That the council gives notification or requests consent to access protected medical information

Yours faithfully,

Jim black

North Ayrshire Council

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Bill McGhee, North Ayrshire Council

Dear Jim Black

Subject : FOI Request

Thank you for your email dated 31/10/2017, which was received by North
Ayrshire Council on 31/10/2017, requesting information about

Can you confirm that the council comply with the the anti social behaviour
act
in relation to :

1. Sending letters to arrange a meeting with any person accused of anti
social
behaviour .

2. Reviewing anti social behaviour cases every 6 months .

3. Sending letters that a review has taken place .

4. That the council gives notification or requests consent to access
protected
medical information

North Ayrshire Council acknowledges receipt of your request and confirms
that it will respond to you within the time scales of 20 working days as
required by the Freedom of Information (Scotland) Act 2002. We will contact
you if we require any further information.

The information that you supplied with your information request will be
entered into a filing system and will only be accessed by North Ayrshire
Council staff. The information will be retained by North Ayrshire Council
and will only be used for the purpose of (a) processing your Request for
Information and related purposes, and (b) for statistical and audit
purposes. The information is held by North Ayrshire Council in accordance
with the provisions of the Data Protection Act 1998.

If you need further help please telephone Bill McGhee on 01294 324011.

Yours sincerely

Bill McGhee
FOI Co-ordinator

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For your information - Your details received :
Name: Jim Black

Address:
email: [FOI #441706 email]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Information Requested :

From: [FOI #441706 email]
Sent: 30/October/2017 11:28 (GMT)
To: [North Ayrshire Council request email]
Subject: Freedom of Information request - Anti social behavior act
compliance .

Dear North Ayrshire Council,
Can you confirm that the council comply with the the anti social behaviour
act
in relation to :

1. Sending letters to arrange a meeting with any person accused of anti
social
behaviour .

2. Reviewing anti social behaviour cases every 6 months .

3. Sending letters that a review has taken place .

4. That the council gives notification or requests consent to access
protected
medical information

Yours faithfully,

Jim black

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #441706 email]

Is [North Ayrshire Council request email] the wrong address for Freedom of
Information
requests to North Ayrshire Council? If so, please contact us using this
form:
https://www.whatdotheyknow.com/change_re...

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For more detailed guidance on safely disclosing information, read the
latest
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Please note that in some cases publication of requests and responses will
be
delayed.

If you find this service useful as an FOI officer, please ask your web
manager
to link to us from your organisation's FOI page.

Leanne McKeeman,

Dear Jim Black

Subject : Freedom of Information (Scotland) Act 2002

Thank you for your request for information dated 31/10/2017, which was
received by North Ayrshire Council on 31/10/2017.

We have now completed our research for the information you request and the
responses to the questions submitted are listed below.

1. Sending letters to arrange a meeting with any person accused of
anti-social behaviour.

The Antisocial Behaviour etc. (Scotland) Act 2004, does not cover the
provision of letters. North Ayrshire Council does however have regard to
the Guidance on Antisocial Behaviour Orders issued by the Scottish
Ministers. Where it is determined appropriate, a letter will be sent to the
accused perpetrator of antisocial behaviour.

2. Reviewing anti-social behaviour cases every 6 months.

Antisocial behaviour files are under regular review whilst deemed to be an
open case. The Council is in the process of reviewing the antisocial
behaviour team audit and review processes.

3. Sending letters that a review has taken place.

There is no requirement either within legislation or the code of guidance
to correspond with customers to advise that a review has taken place. This
is not an action which North Ayrshire Council takes.

4. That the council gives notification or requests consent to access
protected medical information

Section 139 of the Antisocial Behaviour etc. (Scotland) Act 2004,
specifically permits Information Sharing across partners, including health,
on investigation of antisocial behaviour.
In addition, the Council has an information sharing protocol in place with
the NHS and where it is deemed legally appropriate.
A mandate (authorised consent request) would be used to request information
which is not covered by either the information sharing protocol or
legislation.

Your right to seek a review
Should you be dissatisfied with the way in which North Ayrshire Council has
dealt with your request, you have the right to ask us to review decisions.

Your request should explain why you wish a review to be carried out, and
should be made within 40 working days of receipt of this letter. We will
reply within 20 working days of receipt. Staff not involved in your
original request will undertake the review. If you are not satisfied with
the result of the review you then have the right to make a formal complaint
to the Scottish Information Commissioner at
http://www.itspublicknowledge.info/Appeal.

A request for a review should be made in writing to:

The Information Governance Manager
Democratic and Administration Services
Cunninghame House
Irvine
Ayrshire
KA12 8EE

Email : [email address]

The supply of documents under the terms of the Freedom of Information
(Scotland) Act 2002 does not give the applicant or whoever receives the
information any right to re-use it in such a way that might infringe the
Copyright, Designs and Patents Act 1988. This includes making multiple
copies, publishing or otherwise distributing the information to other
individuals and the public.

While efforts have been made to ensure the accuracy of this information,
its accuracy is not warranted. In particular, the Council accepts no
liability for onward sale or transfer of this information to any third
party and for any reliance placed on such information by you or by a third
party.

If you need further help please telephone Leanne McKeeman on 01294 324612.

Yours sincerely

Leanne McKeeman
FOI Co-ordinator

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
For your information - Your details received :
Name: Jim Black

Address:
email: [FOI #441706 email]

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Information Requested :

From: [FOI #441706 email]
Sent: 30/October/2017 11:28 (GMT)
To: [North Ayrshire Council request email]
Subject: Freedom of Information request - Anti social behavior act
compliance .

Dear North Ayrshire Council,
Can you confirm that the council comply with the the anti social behaviour
act
in relation to :

1. Sending letters to arrange a meeting with any person accused of anti
social
behaviour .

2. Reviewing anti social behaviour cases every 6 months .

3. Sending letters that a review has taken place .

4. That the council gives notification or requests consent to access
protected
medical information

Yours faithfully,

Jim black

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #441706 email]

Is [North Ayrshire Council request email] the wrong address for Freedom of
Information
requests to North Ayrshire Council? If so, please contact us using this
form:
https://www.whatdotheyknow.com/change_re...

Disclaimer: This message and any reply that you make will be published on
the
internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the
latest
advice from the ICO:
https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will
be
delayed.

If you find this service useful as an FOI officer, please ask your web
manager
to link to us from your organisation's FOI page.

show quoted sections

Dear Bill McGhee,
I request a review of your response .
1 . you claim that there is no requirements to send letters under the ASB ACT yet the act mentions making contact in writing to arrange a meeting which I have copied for your attention .

indicate in writing the possibility of an application to the person against whom the order would be sought, offer a meeting to discuss the matter.

Can you confirm what way the council would write to a person as quoted in the ASB ACT if it believes there is no requirements to send a letter ?

You also claim the council would send a letter where appropriate .

Can you provide me with an explanation as to what the council would deem an in appropriate reason not to fulfill its obligation to the ASB ACT by writing to arrange a meeting ?
Can you quote the part of the ASB ACT that supports writing to arrange a meeting where it would be appropriate ?

I am deeply concerned that you are admitting that the council would proceed to a court case without any meeting where the council has not allowed a person accused of ASB to be made aware of complaints against them is this what you mean ?

I request a review in regards to
Q4 . when the council claims it is using section 139 to access medical information would they:
A. Give notification to the person that they were going to access medical information without consent ?
B. Give notification to the person and request consent to access medical information ?
C. Proceed without any contact with the person being aware of the intent to access ?
D. When using section 139 a mandate would be filled out which would include the above A and B ?

I genuinely do not understand your response and these further questions would help me understand your response .

Yours sincerely,

john dorrian

Bill McGhee, North Ayrshire Council

Dear Mr Dorrian,
The requested information was from a Mr Jim Black.

You are not Mr Black so I am unable to consider your request for a review

William McGhee
Information System Coordinator

North Ayrshire Council
Physical Environment Housing Services
3rd floor East Cunninghame House
Irvine
KA12 8EE
Tel : 01294 324011

[mobile number]
Email: [email address]

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From: "john dorrian" <[FOI #441706 email]>
To: "Bill McGhee" <[email address]>
Date: 29/11/2017 15:47
Subject: Internal review of Freedom of Information request - Anti social
behavior act compliance .

Dear Bill McGhee,
I request a review of your response .
1 . you claim that there is no requirements to send letters under the ASB
ACT yet the act mentions making contact in writing to arrange a meeting
which I have copied for your attention .

indicate in writing the possibility of an application to the person against
whom the order would be sought, offer a meeting to discuss the matter.

Can you confirm what way the council would write to a person as quoted in
the ASB ACT if it believes there is no requirements to send a letter ?

You also claim the council would send a letter where appropriate .

Can you provide me with an explanation as to what the council would deem
an in appropriate reason not to fulfill its obligation to the ASB ACT by
writing to arrange a meeting ?
Can you quote the part of the ASB ACT that supports writing to arrange a
meeting where it would be appropriate ?

I am deeply concerned that you are admitting that the council would proceed
to a court case without any meeting where the council has not allowed a
person accused of ASB to be made aware of complaints against them is this
what you mean ?

I request a review in regards to
Q4 . when the council claims it is using section 139 to access medical
information would they:
A. Give notification to the person that they were going to access medical
information without consent ?
B. Give notification to the person and request consent to access medical
information ?
C. Proceed without any contact with the person being aware of the intent to
access ?
D. When using section 139 a mandate would be filled out which would include
the above A and B ?

I genuinely do not understand your response and these further questions
would help me understand your response .

Yours sincerely,

john dorrian

show quoted sections