BHCC letter to government calling for investigation of EDO MBM Technology Ltd
Dear Brighton and Hove City Council,
In July 2019 it was reported in The Argus that the Council had agreed to send a letter to the government concerning EDO MBM Technology Ltd and its supply of bomb- parts for Paveway IV munitions used - according to a UN Panel of Experts report - in war crimes carried out by Saudi-led forces in Yemen.
https://www.theargus.co.uk/news/17803036...
The letter was reportedly sent in October 2019.
https://www.theargus.co.uk/news/17939859...
Please provide copies of the letter, any responses from government, and any related communications or records from July 2019 to present.
Yours faithfully,
Ceri Gibbons
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Dear Brighton and Hove City Council,
Please respond to this FOIA request
Yours sincerely,
Ceri Gibbons
Dear Brighton and Hove City Council,
Your response to this FOIA request is now overdue. BHCC should normally have repsonded promptly and by 26 March 2021. Please respond.
Yours sincerely,
Ceri Gibbons
Dear Ms Gibbons
The deadline on this case is not 26 March but 30 March. However, we are
still waiting for it to be approved due to the sensitivity of some of the
material.
We will get back to you as soon as possible with a response.
Yours faithfullly
Information Governance Officer
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Dear Brighton and Hove City Council,
Your response to this FOIA request is now overdue. BHCC should normally
have repsonded promptly and by 26 March 2021. Please respond.
Yours sincerely,
Ceri Gibbons
Dear Brighton and Hove City Council,
Thank you for the update. I look forward to your prompt response.
Yours sincerely,
Ceri Gibbons
Dear Brighton and Hove City Council,
The BHCC response to this request was not provided by its own target date of 29 April 2021 and is now long overdue. As a result BHCC is now in violation of the statutory time limit set out in the Freedom of Information Act 2000.
Please provide a full response by Thursday 3 May 2021 or I will be forced to make a complaint to the Information Commissioner.
Yours sincerely,
Ceri Gibbons
CORRECTED EMAIL (Apologies. Please disregard previous email sent in error today 01/05/2021 and respond to this corrected version instead. Thankyou)
Dear Brighton and Hove City Council,
The BHCC response to this request was not provided by its own target date of 29 April 2021 and is now long overdue. As a result BHCC is now in violation of the statutory time limit set out in the Freedom of Information Act 2000.
Please provide a full response by Thursday 6 May 2021 or I will be forced to make a complaint to the Information Commissioner.
Yours sincerely,
Ceri Gibbons
Dear Brighton and Hove City Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Brighton and Hove City Council's handling of my FOI request 'BHCC letter to government calling for investigation of EDO MBM Technology Ltd'.
Yours faithfully,
Ceri Gibbons
Thank you for your email.
This is an automated email receipt acknowledgement from the Freedom of
Information mailbox ([1][email address]). This
mailbox is managed by the Information Governance Team at Brighton & Hove
City Council.
Should your email be in relation to a new Freedom of Information Act 2000
(FOI) or a new Environmental Information Regulation 2004 (EIR) request,
we will aim to formally acknowledge this within five working days.
For all non-request related queries, we will aim to respond to you within
10 working days.
How we process new FOI and EIR requests
When you submit a new FOI or EIR request, we will do the following:
o We will log your request and send an acknowledgement email to you
stating the request reference number. This number is specific to your
request, please include it in all future correspondence. We aim to do
this within five working days of receiving your request. We may also
contact you to clarify or provide additional information to assist us
in processing your request.
o Please note that future email correspondence regarding your request
will then be sent to you from [2][email address]
o We will allocate your request to the appropriate Council team(s) for
them to collate the information you have requested, should it be held
by us.
o Once we have received an approved response back from the relevant
Council team(s), we will send this to you.
o Please note that your response will be sent to you in letter
form, as an email attachment.
o An anonymized version of the your response may be published on
the Council’s [3]Disclosure Log.
When you can expect to receive a response to your FOI request
Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004, the Council has a legal obligation to
respond to a valid request no later than 20 working days following the
date of receipt. In certain circumstances, this 20 working day limit can
be extended.
Further Information
You can find more information about the FOI process and how to make a
request on the Council website through the link below:
[4]Freedom of Information – Brighton & Hove City Council
Thank you
Information Governance Team
[5]Brighton & Hove City Council
Please note that we are currently unable to respond to or receive
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Dear Brighton and Hove City Council,
BHCC has refused to carry out an internal review of the handling of my FOIA request even though it is clear BHCC has violated the statutory time limit within whish it is obligated to respond to this FOIA request.
I am entitled to an internal review of the handling of this request as a result of this violation of FOIA 2000.
Please confirm BHCC still refuses to carry out the internal review in light of the above point and on what legal basis.
Yours sincerely,
Ceri Gibbons
Ceri Gibbons left an annotation ()
7 July 2021
Case Reference: IC-107718-X7P9
Dear Ceri Gibbons,
Freedom of Information Act 2000
Brighton and Hove City Council
Case Reference Number: IC-107718-X7P9
Please find attached a decision notice relating to your complaint about a request for information that you submitted to the above public authority. Please note that you will not receive a paper copy.
Your complaint has been considered by the Commissioner and the decision notice sets out the reasons for the decision. If you disagree with the decision notice, you have the right to appeal to the First-tier Tribunal (Information Rights). Your appeal rights are explained on the final page of the notice.
The Commissioner will publish this decision on the ICO website, but will remove all names and addresses of complainants. If the public authority also chooses to reproduce this decision notice, then the Commissioner expects similar steps to be taken.
You should write to us if the Council fails to comply with any steps specified by the Commissioner in the decision notice. It is important to note that our power to commence legal proceedings in this situation is discretionary and although we will look into the matter, formal action will not be appropriate in all cases.
Yours sincerely,
Senior Case Officer
Information Commissioner's Office
Ceri Gibbons left an annotation ()
ICO Decision Notice
Reference: IC-107718-X7P9
Freedom of Information Act 2000 (FOIA)
Decision notice Date: 7 July 2021
Public Authority: Brighton and Hove City Council
Decision (including any steps ordered)
1. The complainant requested copies of correspondence with the government relating to a munitions manufacturer. Brighton and Hove City Council (“the Council”) had failed to issue a response at the date of this notice.
2. The Commissioner’s decision is that the Council has failed to respond to the request within 20 working days and has therefore breached section 10 of the FOIA.
3. The Commissioner requires the Council to take the following steps to ensure compliance with the legislation.
• Issue a substantive response, under the FOIA, to the request.
4. The [PA] must take these steps within 35 calendar days of the date of this decision notice. Failure to comply may result in the Commissioner making written certification of this fact to the High Court pursuant to section 54 of the FOIA and may be dealt with as a contempt of court.
Request and response
5. On 27 February 2021, the complainant wrote to the Council and requested information in the following terms: “In July 2019 it was reported in The Argus that the Council had agreed to send a letter to the government concerning EDO MBM Technology Ltd and its supply of bomb- parts for Paveway IV munitions used - according to a UN Panel of Experts report - in war crimes carried out by Saudi-led forces in Yemen. https://www.theargus.co.uk/news/17803036... “The letter was reportedly sent in October 2019. https://www.theargus.co.uk/news/17939859... “Please provide copies of the letter, any responses from government, and any related communications or records from July 2019 to present..”
6. The Council acknowledged the request on 27 February 2021. It issued a further holding response on 30 March 2021 in which it stated that the response had to be approved “due to the sensitivity of some of the material,” but it had failed to provide a substantive response by the date of this notice.
Scope of the case
7. The complainant contacted the Commissioner on 21 May 2021 to complain about the failure, by the Council, to respond to the request.
8. In line with her usual practice, the Commissioner contacted the Council on 21 June 2021 to highlight the outstanding response. She requested that the Council respond to the request within 10 working days. The correspondence was neither acknowledged nor responded to.
9. The complainant contacted the Commissioner on 6 July 2021 to request a decision notice considering the Council’s compliance with the FOIA.
10. The scope of this notice and the following analysis is to consider whether the Council has complied with section 10 of the FOIA.
Reasons for decision
11. Section 1(1) of the FOIA states that:
Any person making a request for information to a public authority is entitled –
(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and
(b) if that is the case, to have that information communicated to him.
12. Section 8(1) of the FOIA states:
In this Act any reference to a “request for information” is a reference to such a request which –
(a) is in writing,
(b) states the name of the applicant and an address for correspondence, and
(c) describes the information requested.
13. The Commissioner considers that the request in question fulfilled these criteria and therefore constituted a valid request for recorded information under the FOIA.
14. Section 10 of the FOIA states that responses to requests made under the Act must be provided “promptly and in any event not later than the twentieth working day following the date of receipt.”
15. From the evidence presented to the Commissioner in this case, it is clear that, in failing to issue a response to the request within 20 working days, the Council has breached section 10 of the FOIA.
Right of appeal
16. Either party has the right to appeal against this decision notice to the First-tier Tribunal (Information Rights). Information about the appeals process may be obtained from:
First-tier Tribunal (Information Rights)
GRC & GRP Tribunals,
PO Box 9300,
LEICESTER,
LE1 8DJ
Tel: 0203 936 8963
Fax: 0870 739 5836
Email: grc@justice.gov.uk
Website: www.justice.gov.uk/tribunals/general-reg...
17. If you wish to appeal against a decision notice, you can obtain information on how to appeal along with the relevant forms from the Information Tribunal website.
18. Any Notice of Appeal should be served on the Tribunal within 28 (calendar) days of the date on which this decision notice is sent.
Signed ………………………………………………
Ceri Gibbons left an annotation ()
BHCC failure to respond to ICO Decision Notice (7 July 2021) within 35 calendar days reported back to ICO (11/08/2021) for enforcement.
Dear Brighton and Hove City Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Brighton and Hove City Council's handling of my FOI request 'BHCC letter to government calling for investigation of EDO MBM Technology Ltd' sent on 1 March 2021.
I am grateful for the response dated today 18 August 2021 from BHCC even if it very late and under threat of potential legal action by the Information Commissioner due the BHCC's failure to comply with the ICO Decision Notice date 7 July 2021.
I now request an internal review of the handling of this request on the following grounds.
1. There is no reasonable explanation as to why this information was not released earlier.Earlier correspondence stating that the requested information was 'sensitive' is not plausible on the evidence of the information finally disclosed. Please provide a reasonable explanation for the delay in this case.
2. Please review and explain the absence of other" related communications or records from July 2019 to present” other than the letter to Caroline Lucas MP from DIT sent indirectly to BHCC. To clarify I was referring to internal and external communcations or records. I am not convinced no such communications or records are held.
Yours faithfully,
Ceri Gibbons
Thank you for your email.
This is an automated email receipt acknowledgement from the Freedom of
Information mailbox ([1][email address]). This
mailbox is managed by the Information Governance Team at Brighton & Hove
City Council.
Should your email be in relation to a new Freedom of Information Act 2000
(FOI) or a new Environmental Information Regulation 2004 (EIR) request,
we will aim to formally acknowledge this within five working days.
For all non-request related queries, we will aim to respond to you within
10 working days.
How we process new FOI and EIR requests
When you submit a new FOI or EIR request, we will do the following:
o We will log your request and send an acknowledgement email to you
stating the request reference number. This number is specific to your
request, please include it in all future correspondence. We aim to do
this within five working days of receiving your request. We may also
contact you to clarify or provide additional information to assist us
in processing your request.
o Please note that future email correspondence regarding your request
will then be sent to you from [2][email address]
o We will allocate your request to the appropriate Council team(s) for
them to collate the information you have requested, should it be held
by us.
o Once we have received an approved response back from the relevant
Council team(s), we will send this to you.
o Please note that your response will be sent to you in letter
form, as an email attachment.
o An anonymized version of the your response may be published on
the Council’s [3]Disclosure Log.
When you can expect to receive a response to your FOI request
Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004, the Council has a legal obligation to
respond to a valid request no later than 20 working days following the
date of receipt. In certain circumstances, this 20 working day limit can
be extended.
Further Information
You can find more information about the FOI process and how to make a
request on the Council website through the link below:
[4]Freedom of Information – Brighton & Hove City Council
Thank you
Information Governance Team
[5]Brighton & Hove City Council
Please note that we are currently unable to respond to or receive
telephone calls or hard copy correspondence. Please contact us via email
where possible.
Please also be aware that our response times may be delayed as due to the
current Coronavirus (Covid 19) pandemic, staff working at the Council may
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communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.
You can visit our website at [6]http://www.brighton-hove.gov.uk
Please consider the environment, only print out this email if absolutely
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Dear Brighton and Hove City Council,
BHCC has not responded to my internal review request.
Please respond or this case will be referred back to the ICO.
Yours faithfully,
Ceri Gibbons
Thank you for your email.
This is an automated email receipt acknowledgement from the Freedom of
Information mailbox ([1][email address]). This
mailbox is managed by the Information Governance Team at Brighton & Hove
City Council.
Should your email be in relation to a new Freedom of Information Act 2000
(FOI) or a new Environmental Information Regulation 2004 (EIR) request,
we will aim to formally acknowledge this within five working days.
For all non-request related queries, we will aim to respond to you within
10 working days.
How we process new FOI and EIR requests
When you submit a new FOI or EIR request, we will do the following:
o We will log your request and send an acknowledgement email to you
stating the request reference number. This number is specific to your
request, please include it in all future correspondence. We aim to do
this within five working days of receiving your request. We may also
contact you to clarify or provide additional information to assist us
in processing your request.
o Please note that future email correspondence regarding your request
will then be sent to you from [2][email address]
o We will allocate your request to the appropriate Council team(s) for
them to collate the information you have requested, should it be held
by us.
o Once we have received an approved response back from the relevant
Council team(s), we will send this to you.
o Please note that your response will be sent to you in letter
form, as an email attachment.
o An anonymized version of the your response may be published on
the Council’s [3]Disclosure Log.
When you can expect to receive a response to your FOI request
Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004, the Council has a legal obligation to
respond to a valid request no later than 20 working days following the
date of receipt. In certain circumstances, this 20 working day limit can
be extended.
Further Information
You can find more information about the FOI process and how to make a
request on the Council website through the link below:
[4]Freedom of Information – Brighton & Hove City Council
Thank you
Information Governance Team
[5]Brighton & Hove City Council
Please note that we are currently unable to respond to or receive
telephone calls or hard copy correspondence. Please contact us via email
where possible.
Please also be aware that our response times may be delayed as due to the
current Coronavirus (Covid 19) pandemic, staff working at the Council may
become absent or deployed to other areas of work at short notice.
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and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.
You can visit our website at [6]http://www.brighton-hove.gov.uk
Please consider the environment, only print out this email if absolutely
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Dear Brighton and Hove City Council,
Please provide an update on the progress of this internal review
Yours faithfully,
Ceri Gibbons
Thank you for your email.
This is an automated email receipt acknowledgement from the Freedom of
Information mailbox ([1][email address]). This
mailbox is managed by the Information Governance Team at Brighton & Hove
City Council.
Should your email be in relation to a new Freedom of Information Act 2000
(FOI) or a new Environmental Information Regulation 2004 (EIR) request,
we will aim to formally acknowledge this within five working days.
For all non-request related queries, we will aim to respond to you within
10 working days.
How we process new FOI and EIR requests
When you submit a new FOI or EIR request, we will do the following:
o We will log your request and send an acknowledgement email to you
stating the request reference number. This number is specific to your
request, please include it in all future correspondence. We aim to do
this within five working days of receiving your request. We may also
contact you to clarify or provide additional information to assist us
in processing your request.
o Please note that future email correspondence regarding your request
will then be sent to you from [2][email address]
o We will allocate your request to the appropriate Council team(s) for
them to collate the information you have requested, should it be held
by us.
o Once we have received an approved response back from the relevant
Council team(s), we will send this to you.
o Please note that your response will be sent to you in letter
form, as an email attachment.
o An anonymized version of the your response may be published on
the Council’s [3]Disclosure Log.
When you can expect to receive a response to your FOI request
Under the Freedom of Information Act 2000 and the Environmental
Information Regulations 2004, the Council has a legal obligation to
respond to a valid request no later than 20 working days following the
date of receipt. In certain circumstances, this 20 working day limit can
be extended.
Further Information
You can find more information about the FOI process and how to make a
request on the Council website through the link below:
[4]Freedom of Information – Brighton & Hove City Council
Thank you
Information Governance Team
[5]Brighton & Hove City Council
Please note that we are currently unable to respond to or receive
telephone calls or hard copy correspondence. Please contact us via email
where possible.
Please also be aware that our response times may be delayed as due to the
current Coronavirus (Covid 19) pandemic, staff working at the Council may
become absent or deployed to other areas of work at short notice.
Notice to recipient:
The information contained in this electronic mail message is intended only
for the use of the individual to whom it is addressed
and may contain information which is privileged and confidential, the
disclosure of which is prohibited by law.
If the reader of this message is not the intended recipient, please note
that any dissemination, distribution or copying of this
communication is strictly prohibited. If you have received this
communication in error please notify the sender immediately.
Thank you in anticipation of your co-operation.
You can visit our website at [6]http://www.brighton-hove.gov.uk
Please consider the environment, only print out this email if absolutely
necessary.
Please Note: Both incoming and outgoing Emails may be monitored and/or
recorded in line with current legislation
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5. http://www.brighton-hove.gov.uk/
6. http://www.brighton-hove.gov.uk/
Dear Ms Gibbons,
We apologise for the delay. We are continuing to process this internal
review request and are actively coordinating with teams involved with the
first stage response to investigate the points raised in your request and
determine if anything further is held.
We will send this response to you as soon as it is complete, and will
write to you further by 28/03/22 if this is not possible.
Kind regards,
Information Rights Team
Please use this email address for all replies to this request:
[FOI #731915 email]
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Notice to recipient: The information contained in this electronic mail
message is intended only for the use of the individual to whom it is
addressed and may contain information which is privileged and
confidential, the disclosure of which is prohibited by law. If the
reader of this message is not the intended recipient, please note that any
dissemination, distribution or copying of this communication is strictly
prohibited. If you have received this communication in error please notify
the sender immediately. Thank you in anticipation of your co-operation.
You can visit our website at http://www.brighton-hove.gov.uk Please
consider the environment, only print out this email if absolutely
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Information requested by: Mr Ceri Gibbons
Freedom of Information request
Our reference: 8078945
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Ceri Gibbons left an annotation ()
This case was referred to the ICO for investigation on 21/05/2021