Asbestos in Caerphilly schools

The request was successful.

Dear Caerphilly County Borough Council,

Under the Freedom of Information Act 2000, please provide me with the following information:

1. The names of the schools in your county that contain asbestos.
2. The date and outcome of the last independent audit or inspection of each of these schools Asbestos Management Plans.
3. The details of any reported incidents of asbestos exposure in these schools between 2011 and 2016.
4. Details of any improvement or prohibition notice served or guidance issued by the HSE in relation to the management of asbestos in schools in your county in the last 5 years.
5. The number of school employees (existing and retired staff to include teaching staff, school support staff and caretakers, etc) and ex-pupils that have pursued a claim against you for exposure to asbestos within a school in your county.
6. The number of these claims that have been settled.
7. The amount of money that has been paid in settlement of these claims (with and without your authority accepting responsibility).

I understand that under the Act I am entitled to a response within 20 working days of your receipt of this request. Some parts of the request may be easier to answer than others. Should this be the case, I request that you release information as soon as possible.

If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the Act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withhold any information or to charge excessive
fees.

I would prefer to receive the information electronically.

If you require any clarification, please contact me in accordance with your duty under Section 16 to provide advice and assistance if you find any aspect of this FOI request problematic.

Please acknowledge receipt of this request by email. I look forward to receiving the information in the near future.

Yours faithfully,

Lucie Stephens

WWW: FOI, Caerphilly County Borough Council

1 Attachment

Dear Lucie Stephens,

 

INFORMATION REQUEST

 

Thank you for your request for information, which we received on the 16^th
November 2016. We acknowledge receipt of your request, and we will respond
to your request separately.

 

Most information requests are dealt with under the Freedom of Information
Act 2000. However environmental information is considered for disclosure
under the Environmental Information Regulations 2004.  If the information
you have requested is personal information about yourself, we must
consider disclosure under the Data Protection Act 1998.  If this is the
case we will provide you with a subject access request form for completion
and notify you of relevant timescales and fees.

 

We will transfer the request to the correct legislation automatically, as
required by the Freedom of Information Act.  For further information on
how we will deal with your request, please see the table below.

 

If you have any queries or concerns then please contact me.

 

 

Yours sincerely,

 

 

 

 

CARL EVANS

ASSISTANT INFORMATION OFFICER

 

 

 

  Freedom of Information Act 2000 &

Environmental Information Regulations 2004

 

We will consider the following points in dealing with your request for
information.

 

+------------------------------------------------------------------------+
|Timescales for |We will consider your request and you should |
|responding to you |receive the information within the statutory |
| |timescale of 20 working days, unless the |
| |information is not held or is exempt from |
| |disclosure. Both the Freedom of Information Act |
| |and the Environmental Information Regulations |
| |allow this timescale to be extended in certain |
| |circumstances.  If your request is affected by a |
| |timescale extension we will explain this to you. |
|---------------------+--------------------------------------------------|
|Third Party |If the information you request contains reference |
|Information |to a third party they may be consulted prior to a |
| |decision being taken on whether we disclose the |
| |information to you. |
|---------------------+--------------------------------------------------|
|Format of Information|We will try to respond in the format that you have|
|provided |requested.  If this is not possible we will let |
| |you know.  If you require alternative formats, |
| |e.g. language, audio, braille, large print, etc. |
| |then please let us know. |
|---------------------+--------------------------------------------------|
|Exemptions |The Freedom of Information Act and the |
| |Environmental Information Regulations 2004 define |
| |a number of exemptions, which may prevent release |
| |of the information you have requested.  Before we |
| |provide the information we will consider whether |
| |it is proper to release it.  If any of the |
| |exemption categories do apply then the information|
| |will not be released.  We will tell you if this is|
| |the case, and you will have a right of appeal. |
|---------------------+--------------------------------------------------|
|Fees |You may have to pay a fee for this information |
| |under the Freedom of Information and Data |
| |Protection (Appropriate Limits and Fees |
| |Regulations) 2004.  We will consider this and let |
| |you know.  If so you will have to pay the fee |
| |before we process and release the information.  |
| |The 20 working day time limit for responding will |
| |not resume until we receive your payment. |
|---------------------+--------------------------------------------------|
|You have the right to|If you wish to |If you are unhappy with that |
|appeal against our |appeal please set |decision you have the right to|
|decision. |out in writing your|appeal to: |
| |grounds of appeal | |
|  |and send to: |  |
| | | |
|Freedom of |  |Information Commissionerâ s |
|Information Act 2000 | |Office â Wales |
|/ Environmental |Information Unit |2nd Floor |
|Information |Caerphilly county |Churchill House |
|Regulations 2004 |borough council, |Churchill Way |
| |Penallta House |Cardiff |
| |Tredomen Park |CF10 2HH |
| |Hengoed. CF82 7PG | |
| | |  |
| |  | |
| | |Tel: 029 2067 8400 |
| |Appeals will be |Fax: 029 2067 8399 |
| |determined by an |Email: [1][email address]|
| |appropriate senior | |
| |officer. |Website: [2]www.ico.org.uk |
| | | |
| | |  |
+------------------------------------------------------------------------+

 

 

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Dear WWW: FOI,

Your response to my request for information is now overdue. Please tell me when you will be providing the information about asbestos in schools.

Yours sincerely,

Lucie Stephens

WWW: FOI, Caerphilly County Borough Council

Dear Lucie Stephens
 
FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST
 
Thank you for your request for information received on the 16^th November
2016.  We have considered your request and enclose the following
information:
 
1. The names of the schools in your county that contain asbestos.
Aberbargoed Primary School
Abercarn Primary
Abertysswg Primary
Bedwas High School
Bedwas Infants
Bedwas Junior
Blackwood Comprehensive
Blackwood Primary
Bryn Primary
Cefn Fforest Primary
Coed Y Brain Primary
Crumlin High Level Primary
Cwm Glas Infants
Cwmaber Infants
Cwmaber Junior School
Cwmcarn Primary
Cwmfelinfach Primary
Deri Primary
Derwendeg Primary
Fleur-De-Lys Primary
Fochriw Primary
Gilfach Fargoed Primary
Glyngaer Primary
Graig Y Rhacca Primary
Hendre Infants
Hendre Juniors
Hendredenny Park Primary
Hengoed Primary
Heolddu Comprehensive School
Lewis Girls School
Libanus Primary
Llancaeach Junior
Llanfabon Infants
Machen Primary
Maesycwmmer Primary
Markham Primary
Nant y Parc Primary
Newbridge School
Islwyn High School - Oakdale Campus
Pantside Primary
Park Primary
Pengam Primary
Penllwyn Primary
Pentwynmawr Primary
Phillipstown Primary School
Plasyfelin Primary
Islwyn High School - Pontllanfraith Campus
Pontllanfraith Primary
Pontlottyn Primary
Rhiw Syr Dafydd Primary
Rhydri Primary
Rhymney Comprehensive
Risca Community
Comprehensive                                                                       
Risca Primary
St Cenydd School
St Gwladys Primary
St Helen's Catholic Primary
St Martin's Comprehensive
The Learning Centre
The Twyn School
Tir y Berth Primary
Trinant Primary
Trinity Fields School
Ty Isaf Infants
Ty Sign Primary
Tynewydd Primary
Tyn-Y-Wern Primary
Upper Rhymney Primary
Waunfawr Primary
Ynysddu Primary
Ysgol Bro Sannan
Ysgol Gymraeg Bro Allta
Ysgol Gymraeg Cwm Derwen
Ysgol Gymraeg Cwm Gwyddon
Ysgol Gymraeg Gilfach Fargoed
Ysgol Gymraeg Trelyn
Ysgol Gynradd Gymraeg Caerffili
Ysgol Gynradd Gymraeg Y Castell
Ysgol Y Lawnt
Ystrad Mynach Primary
 
2. The date and outcome of the last independent audit or inspection of
each of these schools Asbestos Management Plans.
The last independent audit/inspection of the Authorityâ s school was in
2012. Since 2011 the authority has set up its own dedicated Asbestos
Management Team who undertakes and completes their own audits/inspections
of the Authorityâ s Schools.
 
I can confirm that the Council holds information regarding the outcome of
the last independent audit or inspection of each of these schools Asbestos
Management Plans, but we are refusing to supply this information under
Section 12 of the Freedom of Information Act 2000.
 
We estimate that the cost of complying with your request would exceed the
appropriate limit of £450 for local government, which is specified in the
Freedom of Information and Data Protection (Appropriate Limits and Fees)
Regulations 2004.  Therefore we are refusing to supply this information
under Section 12 of the Freedom of Information Act 2000.
 
In order to determine whether your request exceeds this limit, we must
multiply an estimate of the time we expect to take to comply with your
request by £25 per hour.  If the cost of complying with your request
would exceed the appropriate limit of £450 (more than 18 hours), we can
refuse your request.  In making this calculation we are able to include
the time taken to determine whether we hold the information and time taken
to locate, retrieve and extract the information.  The hourly rate of £25
per hour is set by the Fees Regulations and is not dependent on the
seniority of the officer who carries out the work.
 
If you are able to re-focus your request, so that the cost of complying
with it falls below the appropriate limit of £450, we may be able to
supply the information to you.  You may want to consider narrowing your
request to a smaller number of schools of particular interest to you.  If
you would like our assistance in re-focusing the request please do not
hesitate to contact us.
 
3. The details of any reported incidents of asbestos exposure in these
schools between 2011 and 2016.
Report of a potential exposure to asbestos was made by the Authority to
the HSE September 2015. The potential exposure was to a Contractor
undertaking refurbishment work at a Comprehensive School where they had
undertaken work to remove ceramic wall tiles from plastered walls and a
small section of boxing with Asbestos Insulating Board (AIB) surface. The
Contractor had not worked in accordance with all sufficient asbestos
information and that had been provided to them by the Authority, the
Contractor had also worked above their training.   
 
4. Details of any improvement or prohibition notice served or guidance
issued by the HSE in relation to the management of asbestos in schools in
your county in the last 5 years.
None
 
5. The number of school employees (existing and retired staff to include
teaching staff, school support staff and caretakers, etc) and ex-pupils
that have pursued a claim against you for exposure to asbestos within a
school in your county.
One claim received
 
6. The number of these claims that have been settled.
Claim repudiated and closed
 
7. The amount of money that has been paid in settlement of these claims
(with and without your authority accepting responsibility).
No payment was made in settlement of this claim
 
We supply this information based on your original request.  If this is not
what you wanted or if you feel we have not fully understood your request
please do not hesitate to contact me to clarify your exact requirements.
 
If you have any queries or concerns or are in any way dissatisfied with
the handling of your request please contact me.
 
Yours sincerely
 
GARETH GRIFFITHS
Corporate Information Governance Assistant
 
 

Freedom of Information Act 2000 / Environmental Information Regulations
2004
 
You have the right to appeal against our decision.

If you wish to appeal please set If you are unhappy with that decision you
out in writing your grounds of have the right to appeal to:
appeal and send to:  
Corporate Information Governance Information Commissionerâ s Office â
Unit Wales
Caerphilly county borough 2nd Floor, Churchill House
council, Churchill Way
Penallta House Cardiff CF10 2HH
Tredomen Park  
Hengoed. CF82 7PG Tel: 029 2067 8400
  Fax: 029 2067 8399
Appeals will be determined by an Email: [1][email address]
appropriate senior officer. Website: [2]www.ico.org.uk
 

 
Re-use of information without permission may infringe the Copyright,
Designs and Patents Act 1988. Re-use can include, but is not limited to,
making multiple copies, publishing and issuing copies of the information
to a wider audience. If you would like to re-use copyright material owned
by Caerphilly County Borough Council, please contact us. Authorisation to
re-use copyright material not owned by this Authority should be sought
directly from the copyright owner.
 
 

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