Barnet Grove Liveable Streets Consultation

Waiting for an internal review by Tower Hamlets Borough Council of their handling of this request.

Dear Tower Hamlets Borough Council,

I recently wrote an email to Chris Harrison, Cllr John Pierce & Mayor John Biggs and as yet have not received a response.

The email was with regards the recent Barnet Grove E2/Liveable Streets Consultation regarding road closure options that was online and in paper form. I would like to know the answers to the following questions:

How many changes/updates were made to the survey/consultation site for Barnet Grove after it when live?
What approval process you have in place when you need to make changes?
Who is making the changes?
Do you have a change management contract with Tower Hamlets? If so, can we see it?
Are you aware any changes make the survey/consultation invalid?

Could you please supply answers to the above questions.

Yours faithfully,

N. Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Information request
Our reference: 23960043

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Dear Nick Fiveash
 
Environmental Information Regulations 2004
 
Thank you for your request for information that was received on 20 August
2020  requesting:

I recently wrote an email to Chris Harrison, Cllr John Pierce & Mayor John
Biggs and as yet have not received a response.
The email was with regards the recent Barnet Grove E2/Liveable Streets
Consultation regarding road closure options that was online and in paper
form. I would like to know the answers to the following questions:
How many changes/updates were made to the survey/consultation site for
Barnet Grove after it when live?
What approval process you have in place when you need to make changes?
Who is making the changes?
Do you have a change management contract with Tower Hamlets? If so, can we
see it?
Are you aware any changes make the survey/consultation invalid?
Could you please supply answers to the above questions.
 
We are dealing with your request under the Environmental Information
Regulations 2004  and we aim to send a response by 17 September 2020.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Environmental Information Regulations 2004  may restrict the release
of some or all of the information you have requested. We will carry out an
assessment and if any exceptions  apply to some or all of the information
then we might not provide that information to you. We will inform you if
this is the case and advise you of your rights to request an internal
review and to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 
Yours faithfully
 
 
Place Information Governance
[Tower Hamlets Borough Council request email]
 
NOTE: Please do not edit the subject line when replying to this email.

Dear London Borough of Tower Hamlets,

My request for the information regarding the recent consultation for Barnet Grove E2 has been ignored not only by two emails sent directly to Chris Harrison, John Biggs & John Pierce but by this FOI. I should have had a response by 17th September latest.

The request was not a difficult answer. I repeat:

Re Barnet Grove E2/Liveable Streets
Consultation regarding road closure options that was online and in paper
form. I would like to know the answers to the following questions:
1. How many changes/updates were made to the survey/consultation site for
Barnet Grove after it when live?
2. What approval process you have in place when you need to make changes?
3. Who is making the changes?
4. Do you have a change management contract with Tower Hamlets? If so, can we
see it?
5. Are you aware any changes make the survey/consultation invalid?
Could you please supply answers to the above questions.
Yours sincerely,

Nick Fiveash

Dear Tower Hamlets Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Tower Hamlets Borough Council's handling of my FOI request 'Barnet Grove Liveable Streets Consultation'.

I wrote twice to Mayor John Biggs, Cllr John Pierce & Project Centre Ltd director Chris Harrison and received no answer. I submitted an FOI on 20th August and expected a reply by 17th September. Again this has been ignored.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Nick Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

1 Attachment

Information request
Our reference: 23960043

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Dear Nick Fiveash
Your request for information has been considered under the requirements of
the Freedom of Information Act 2000.
I can confirm that the information requested is held by Tower Hamlets
Council and is attached to this email. 

The information has also been put on the [1]Council's Disclosure Log,
where you can also search for information supplied on other topics.

The Council's website www.towerhamlets.gov.uk contains a section on the
Freedom of Information Act that lists other publications readily available
from the Council under its Publication Scheme.

Conditions for the re-use of information where the copyright is owned by
the London Borough of Tower Hamlets can be found on our website.

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original letter and should be addressed to:
 
Complaints and Information
Town Hall
Mulberry Place
5 Clove Crescent
E14 2BG
icw[Tower Hamlets Borough Council request email] 
 
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 01625 545 700
Website: www.ico.gov.uk 
 

Yours faithfully
 
 
Place Information Governance
[Tower Hamlets Borough Council request email]
‏ 
 

References

Visible links
1. https://towerhamletsportal.icasework.com...

Dear Tower Hamlets Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Tower Hamlets Borough Council's handling of my FOI request 'Barnet Grove Liveable Streets Consultation'.

The answers to particular questions have not been answered. We know for a fact that:

The consultation survey changed after it went 'live' i.e. from the period the consultation survey was publicly available (on the Internet, paper copies, phone) until the time it closed. Part of the way through the consultation, the question process on the consultation survey changed. Initially those who filled the form in online HAD to chose A or B as an option before being allowed to press SEND. After a number of residents complained this was changed so you could avoid a choice between A & B and just make a comment before pressing SEND. The maps were also updated after some residents had already submitted their forms. In other words, residents who filled in the survey PRIOR to the changes (e.g. on paper, or online), had different options to choose from to those who completed the survey AFTER the additional options were added. This means that the survey is statistically invalid. Making changes to a survey part way through violates GDPR:

• GDPR Principle A - Lawfulness, Fairness and Transparency e.g. TH must not process the data in a way that is unduly detrimental, unexpected or misleading to the individuals concerned.
• GDPR Principle D: Accuracy. e.g. TH must have appropriate processes in place to check the
accuracy of the data they collect.
• GDPR Principle F: Integrity and confidentiality (security). the maps provided were wholly inaccurate - for example, the maps did not identify that Wellington Row would become partially one way. The loss of data integrity and the inaccuracy of the maps provided means that residents were not able to provide "intelligent consideration and response" (see also UK Government Security Policy Framework (integrity of data)).
• GDPR - The right to be informed: Information TH provides to people must be concise, transparent, intelligible, easily accessible, and it must use clear and plain language. Many residents have complained about being utterly confused by the inaccuracy of the maps, and the confusing wording (see the Liveable Streets bulletin board/chat as an example of responses).

Therefore the above makes the recent Barnet Grove consultation invalid.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Nick Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Information request
Our reference: 23960043

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Dear Mr Fiveash
 
Thank you for your request for a review received on 8 October 2020. I am
sorry that you are dissatisfied with our attempts to handle your request.
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 5 November 2020.
 
Yours faithfully
 
 
Antoinette Davey
Senior Information Governance & Complaints Officer
Information Governance and Complaints
[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

London Borough of Tower Hamlets, Tower Hamlets Borough Council

3 Attachments

Information Review Request
Our reference: 23960043

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Dear Mr. Fiveash
 
Please find attached the response to your request for a review of your
Freedom of Information request.
 
Please accept my apologies for the delay in responding to you and thank
you for your patience.
 
Thank you
 
 
Antoinette Davey
Senior Information Governance & Complaints Officer
Information Governance and Complaints

[email address]
 
NOTE: Please do not edit the subject line when replying to this email.

Dear London Borough of Tower Hamlets,

As there was a change to the online user functionality on the 28th July (which allowed more text characters in the text box so online respondents could comment as much as they wished in line with those who opted to provide written responses,) how did Tower Hamlets contact people who had already responded to inform them of the change on July 28th. If those who had already responded were not contacted then the consultation was not a “fair process” according to TH gov regulations.

Also you have fail to address the matter of those who initially who filled the form in online HAD to chose A or B as an option BEFORE being allowed to press SEND. After a number of residents complained this was changed so you could AVOID a choice between A & B and just make a comment (mainly stating that neither was their choice) before pressing SEND. Were those who had responded before this was change was made also contacted so they could fill in their online form again without having to choose A or B? Again, If those who had already responded were not contacted then the consultation was not a “fair process” according to TH gov regulations.

Yours sincerely,

Nick Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Dear Mr Fiveash
 
Thank you for your email.
 
I have forwarded your comments to the Highways Team and will forward their
response as soon as I receive it.
 
Thank you
 
Antoinette Davey
Senior Information Governance and Complaints Officer

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Dear London Borough of Tower Hamlets,

As there was a change to the online user functionality on the 28th July
(which allowed more text characters in the text box so online respondents
could comment as much as they wished in line with those who opted to
provide written responses,) how did Tower Hamlets contact people who had
already responded to inform them of the change on July 28th. If those who
had already responded were not contacted then the consultation was not a
'fair process' according to TH gov regulations.

Also you have fail to address the matter of those who initially who filled
the form in online HAD to chose A or B as an option BEFORE being allowed
to press SEND. After a number of residents complained this was changed so
you could AVOID a choice between A & B and just make a comment (mainly
stating that neither was their choice) before pressing SEND. Were those
who had responded before this was change was made also contacted so they
could fill in their online form again without having to choose A or B?
Again, If those who had already responded were not contacted then the
consultation was not a 'fair process' according to TH gov regulations.

Yours sincerely,

Nick Fiveash

show quoted sections

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Dear Mr Fiveash
 
Further to your email of 16 November 2020, please see our response below
highlighted in blue
 
As there was a change to the online user functionality on the 28th July
(which allowed more text characters in the text box so online respondents
could comment as much as they wished in line with those who opted to
provide written responses,) how did Tower Hamlets contact people who had
already responded to inform them of the change on July 28th. If those who
had already responded were not contacted then the consultation was not a
'fair process' according to TH gov regulations.
 

We adhered to the Tower Hamlets consultation process throughout this
project. In this instance, individuals were able to provide comments and
the subsequent increase in characters to the text box had no significant
impact on the survey results. During the period before the change, 33
individuals had answered the online survey with only 16 choosing to leave
comments in the text box. As these comments were concise, and still
portrayed either their support or non-support for the scheme, there was no
need to notify them of the change to the character limit. Further more,
there was opportunity to provide feedback through the paper survey with a
free post envelope, should these respondents have wanted to and
opportunities to notify the team if there were any concerns or issues.

 
Also you have fail to address the matter of those who initially who filled
the form in online HAD to chose A or B as an option BEFORE being allowed
to press SEND. After a number of residents complained this was changed so
you could AVOID a choice between A & B and just make a comment (mainly
stating that neither was their choice) before pressing SEND. Were those
who had responded before this was change was made also contacted so they
could fill in their online form again without having to choose A or B?
Again, If those who had already responded were not contacted then the
consultation was not a 'fair process' according to TH gov regulations.
 
As previously detailed in the review response,  the engagement was not a
'yes or no' engagement. It was intended for those in the Barnet Grove area
to provide feedback on a preferred closure point of either Option A or
Option B, following the wider successful feedback in the previous Bethnal
Green consultation.  If resident wanted to discuss others matters such as
the results of the previous consultation and subsequent approval of the
scheme, they could do so by contact the Liveable Streets team and not
through a different consultation.  In addition,  they still had the
opportunity to make a comment using the paper form and/or sending an email
to the Liveable Streets Team.
 
Thank you
 
 
Antoinette Davey
Senior Information Governance and Complaints Officer

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Dear London Borough of Tower Hamlets,

As there was a change to the online user functionality on the 28th July
(which allowed more text characters in the text box so online respondents
could comment as much as they wished in line with those who opted to
provide written responses,) how did Tower Hamlets contact people who had
already responded to inform them of the change on July 28th. If those who
had already responded were not contacted then the consultation was not a
'fair process' according to TH gov regulations.

Also you have fail to address the matter of those who initially who filled
the form in online HAD to chose A or B as an option BEFORE being allowed
to press SEND. After a number of residents complained this was changed so
you could AVOID a choice between A & B and just make a comment (mainly
stating that neither was their choice) before pressing SEND. Were those
who had responded before this was change was made also contacted so they
could fill in their online form again without having to choose A or B?
Again, If those who had already responded were not contacted then the
consultation was not a 'fair process' according to TH gov regulations.

Yours sincerely,

Nick Fiveash

show quoted sections

Dear London Borough of Tower Hamlets,

With regards the consultation NOT being a 'yes or no' engagement can you confirm that the boxes A and B which had to be ticked by the 33 before the changes were made will not be counted or taken into consideration when a decision is being made. As I stated those 33 people HAD to tick A or B in order for their comment to be accepted. This was then changed so a comment could be submitted without making a choice of A or B. I still believe this to be a breach of GDPR

Yours sincerely,

Nick Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Dear Mr Fiveash
 
Further to your email of 7 December 2020, please see our response below.
 

We will be including the 33 answers that were submitted to ensure that we
give equal voice to everyone who submitted a response. We have a duty to
uphold fairness during the consultation period and to not take into
consideration these 33 responses would breach this.  As previously
mentioned this engagement was for those in the Barnet Grove area to
provide feedback on a preferred closure point of either Option A or Option
B, following the wider successful feedback in the previous Bethnal Green
consultation.  If residents wanted to discuss other matters such as the
results of the previous consultation and subsequent approval of the
scheme, they could do so by contacting the Liveable Streets team and not
through a different engagement such as this one.

  We have followed Tower Hamlets strict GDPR procedures and do not believe
there is any breach in GDPR. Please see the Council's guidelines below:

https://www.towerhamlets.gov.uk/lgnl/cou...

 

Thank you
 
Antoinette Davey
Senior Information Governance and Complaints Officer

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Dear London Borough of Tower Hamlets,

With regards the consultation NOT being a 'yes or no' engagement can you
confirm that the boxes A and B which had to be ticked by the 33 before the
changes were made will not be counted or taken into consideration when a
decision is being made. As I stated those 33 people HAD to tick A or B in
order for their comment to be accepted. This was then changed so a comment
could be submitted without making a choice of A or B. I still believe this
to be a breach of GDPR

Yours sincerely,

Nick Fiveash

show quoted sections

Dear London Borough of Tower Hamlets,

So what will happen to those responses who were able, at a later date, to NOT choose either A or B ( as most of us don't want closures) compared with those who also didn't want A or B but had to choose one or the other until Tower Hamlets changed to consultation online! How is that fair and not breaking GDPR?

Yours sincerely,

Nick Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Dear Mr Fiveash,

Thank you for your comments, as we have stated before all surveys
submitted will be considered in the outcome of Barnet Grove. We are not
going to disregard any responses submitted. 

As previously mentioned, a closure was supported in the Bethnal Green
consultation and decision to implement the closure was approved by the
Mayor in Cabinet.  If a resident wanted to discuss matters such as the
results of the previous consultation and subsequent approval of the scheme
they could do so by contacting the Liveable Streets team and not through a
different consultation. In addition, respondents have always had the
opportunity to make a comment they like using the paper form and/or
sending an email to the Liveable Streets Team.

If you are still dissatisfied with the Council's response you have a right
of appeal to the Information Commissioner at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
Telephone:01625 545 700
[1]www.ico.org.uk
 
Further information about the operation of the act is available from the
council's website www.towerhamlets.gov.uk and the information leaflet in
public reception areas in Council buildings.
 
Thank you
 
Antoinette Davey
Senior Information Governance and Complaints Officer

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Dear London Borough of Tower Hamlets,

So what will happen to those responses who were able, at a later date, to
NOT choose either A or B ( as most of us don't want closures) compared
with those who also didn't want A or B but had to choose one or the other
until Tower Hamlets changed to consultation online! How is that fair and
not breaking GDPR?

Yours sincerely,

Nick Fiveash

show quoted sections

Dear London Borough of Tower Hamlets,

I have now found evidence (screenshot taken from website) that the Consultation for Barnet WAS changed midway through and therefore breaks GDPR.

On Friday 31st July Tower Hamlets posted the following on the website:

**INFORMATION UPDATE
REGARDING LIVEABLE STREETS SURVEY
BARNET GROVE CLOSURES
If you have not submitted a response to the above, please note that the ONLINE form now 'allows' you to go past the 'either/or' two choices (without ticking Option 1 or 2) so you can go straight to the comments box and then submit.
Please ensure that you get these in by the deadline of midnight on Sunday 2nd August.**

Again I ask how those who had already responded were contacted of the following change above. If they did not contact those who already responded it was not a “fair process” according to TH gov regulations and therefore breaks GDPR. The consultation needs to be voided and re-run.

Yours sincerely,

Nick Fiveash

Antoinette Davey, Tower Hamlets Borough Council

Dear Mr Fiveash

Thank you for your email.

If you are still dissatisfied with the Council's response after the internal review you have a right of appeal to the Information Commissioner at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone:01625 545 700
www.ico.org.uk

Thank you

Antoinette

Antoinette Davey
Senior Information Govenance and Complaints Officer

Information Governance and Complaints
Governance Directorate
London Borough of Tower Hamlets
Mulberry Place
5 Clove Crescent
London
E14 2BG

Tel: 0207 3644239

www.towerhamlets.gov.uk
 
Follow us on:
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show quoted sections

Dear Tower Hamlets Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Tower Hamlets Borough Council's handling of my FOI request 'Barnet Grove Liveable Streets Consultation'.

I have requested several times now an inquiry into the breach of GDPR for the consultation for Barnet Grove and have received a satisfactory answer.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Nick Fiveash

London Borough of Tower Hamlets, Tower Hamlets Borough Council

Dear Mr Fiveash
 
Thank you for your email.
 
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone:01625 545 700
www.ico.org.uk
 
Thank you
Shipa Begum

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Dear Tower Hamlets Borough Council,

Please pass this on to the person who conducts Freedom of Information
reviews.

I am writing to request an internal review of Tower Hamlets Borough
Council's handling of my FOI request 'Barnet Grove Liveable Streets
Consultation'.

I have requested several times now an inquiry into the breach of GDPR for
the consultation for Barnet Grove and have received a satisfactory answer.

A full history of my FOI request and all correspondence is available on
the Internet at this address:
https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Nick Fiveash

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Dear Tower Hamlets Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Tower Hamlets Borough Council's handling of my FOI request 'Barnet Grove Liveable Streets Consultation'.

The consultation carried out on the closure of Barnet Grove changed mid way thro giving an unfair slant to the response and breaking GDPR.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/b...

Yours faithfully,

Nick Fiveash