Brent Council's proposal to move Islamia Primary school to Roe Green Strathcona

Thank you for contacting the FOI Team.

This is confirmation that we have received your email. You should receive
a further acknowledgment shortly with a reference number.

Due to the current coronavirus (Covid-19) pandemic it is likely that there
will be an impact on information request response times. However we will
endeavour to keep you updated if there is a significant delay.

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The use of Brent Council's e-mail system may be monitored and
communications read in order to secure effective operation of the system
and other lawful purposes.

References

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Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/

Dear J. Guled 

RE: Brent Council's proposal to move Islamia Primary school to Roe Green
Strathcona 
Thank you for contacting the council on 28/10/2022.
Your case will be assigned to an officer and you should receive their
details soon.

Please use this reference number IRC-23805-N6Q4Y6 when contacting us about
this case.
Please note that we may require further information in order for us to
proceed, in which case we will contact you. 

If you would like further information on how your case will be dealt with,
please visit our website: [3]https://www.brent.gov.uk/your-council/ 
Yours sincerely 
London Borough of Brent

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══════════════════════════════════════════════════════════════════════════

The use of Brent Council's e-mail system may be monitored and
communications read in order to secure effective operation of the system
and other lawful purposes.

References

Visible links
2. https://www.brent.gov.uk/your-council/
3. https://www.brent.gov.uk/your-council/
4. https://www.brent.gov.uk/blackhistorymonth

[1]brentlogo1 (227×84)   Tel: 020 8937 4248
Email: [email address]
Web: [2]https://www.brent.gov.uk/your-council/

Our Ref: IRC-23805-N6Q4Y6 
Your Ref:  

Dear J. Guled

RE: Brent Council's proposal to move Islamia Primary school to Roe Green
Strathcona

Thank you for your FOI (Freedom of Information) received on
28/10/2022. Unfortunately, we are unable to deal with your enquiry for the
following reason:

Regulation 12(4)(b) of the Freedom of Information Act 2000 makes provision
for public authorities to refuse requests for information where the
request for information is manifestly unreasonable. In line with the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004 this represents the estimated cost of one person spending
18 hours in determining whether the Council holds the information,
locating, retrieving and extracting the information. We estimate that it
will take us in excess of 18 hours to locate all the emails requested,
review all the emails and determine whether or not the information can be
provided, giving due consideration to the data protection act and
excluding confidential information. Therefore, your request is refused.  

Further information about the Councils procedures can be found on the
Council's website: [3]https://www.brent.gov.uk/your-council/  
Alternatively, you may contact me using the contact details provided in
this correspondence.

Yours sincerely  

Shirley Parks

Director of Safeguarding, Partnerships and Strategy 

══════════════════════════════════════════════════════════════════════════

The use of Brent Council's e-mail system may be monitored and
communications read in order to secure effective operation of the system
and other lawful purposes.

References

Visible links
2. https://www.brent.gov.uk/your-council/
3. https://www.brent.gov.uk/your-council/

Thank you for contacting the FOI Team.

This is confirmation that we have received your email. You should receive
a further acknowledgment shortly with a reference number.

Due to the current coronavirus (Covid-19) pandemic it is likely that there
will be an impact on information request response times. However we will
endeavour to keep you updated if there is a significant delay.

[1][IMG]

══════════════════════════════════════════════════════════════════════════

The use of Brent Council's e-mail system may be monitored and
communications read in order to secure effective operation of the system
and other lawful purposes.

References

Visible links
1. https://www.brent.gov.uk/landlordconsult...

[1]brentlogo1 (227×84)    

Our Ref: IRC-23805-N6Q4Y6

Dear J.Guled

Freedom of Information Act 2000 (FOIA)

Thank you for your request for a review received on 28/10/2022. I am
sorry that you are dissatisfied with our attempts to handle your
request under the Freedom of Information Act 2000.

I have now conducted a review and taken into consideration your comments
in relation to your request. I have also considered decisions issued by
the Information Commissioner on this subject.

Considerations

Your original request

Following the eviction of Islamia Primary school by the Yusuf Islam
Foundation and the proposal by Brent Council to move the school to the Roe
Green Strathcona site , l am writing to make a FOI request.
 
Copies of all emails exchanged relating to the matter:
 
-Between Brent Council, Council members and the The Yusuf Islam 
Foundation.
 
-Emails between Brent Council officers and members regarding proposal.
 
-Emails between Brent Council officers and members and the Islamia
Governing Board, and minutes of any meetings held between these parties.
 
I would like these to go back to when the move was first suggested.
Our original response
 
Thank you for your FOI (Freedom of Information) received on
28/10/2022. Unfortunately, we are unable to deal with your enquiry for the
following reason:

Regulation 12(4)(b) of the Freedom of Information Act 2000 makes provision
for public authorities to refuse requests for information where the
request for information is manifestly unreasonable. In line with the
Freedom of Information and Data Protection (Appropriate Limit and Fees)
Regulations 2004 this represents the estimated cost of one person spending
18 hours in determining whether the Council holds the information,
locating, retrieving and extracting the information. We estimate that it
will take us in excess of 18 hours to locate all the emails requested,
review all the emails and determine whether or not the information can be
provided, giving due consideration to the data protection act and
excluding confidential information. Therefore, your request is refused.  
 
Your internal review request

I am writing to request an internal review of Brent Borough Council's
handling of my FOI request 'Brent Council's proposal to move Islamia
Primary school to Roe Green Strathcona'.
 
You have calculated that gathering this information will exceed the cost
limit, but I believe that this is an overestimation of the resource
required.
 
I also believe that it is not unreasonable to request clarifications on
how a Local Authority has come to the conclusion that a school it
maintains should move over 6 miles away from its current location making
it nearly impossible for current children to continue attending. This
decision contravenes in many ways the Equality Act and it clearly poses
 safeguarding risks for primary age children. The consultation process is
still ongoing  therefore it is vital that this information is disclosed.
It is in the public interest to  share these emails and foster a
transparent approach in decision making processes that will affect so many
lives.
Decision
I have reviewed the response given to your information request and have
found that the response should have cited Section 12 of the FOIA rather
than Regulation 12(4)(b).
 
Section 12 of FOIA allows a public authority to refuse to deal with a
request where it estimates that it would exceed the appropriate limit to:
- either comply with the request in its entirety or; - confirm or deny
whether the requested information is held.
 
Regulation 4(3) of the Fees Regulations states that a public authority can
only take into account the costs it reasonably expects to incur in
carrying out the following permitted activities in complying with the
request:
 · determining whether the information is held;
 · locating the information, or a document containing it;
 · retrieving the information, or a document containing it; and
 · extracting the information from a document containing it.
 
All local authorities calculate the time spent on the permitted activities
at the flat rate of £25 per person, per hour. This means that the
appropriate limit will be exceeded if it would require more than 18 hours
work.
 
I have considered your request and I agree that to collate the information
requested would cost in excess of 18 hours.

The time to response to any request includes the time to locate all of the
information requested, review all of the required information and
determine whether or not the information can be provided. This may involve
taking any necessary expert advice, for example from legal services in the
Council, which adds to the total amount of officer time spent responding.
Due consideration has to be to the data protection act which may include
taking advice from officers within DPO services and excluding confidential
information which takes officer time to remove or to redact information
which cannot be shared.

Consideration of an alternative site for the school started over five
years ago and so there is significant email communication.

Given the request is for emails between the following groups / people:
 

 1. Between Brent Council, Council members and the Yusef Islam Foundation
 2. Between Brent Council officers and member
 3. Between Brent Council officer and members and the Islamia Governing
Board,

and a request for the minutes of any meetings held between these parties,
this would exceed the 18-hour timescale for a Council officer to respond
to an FOI.
 
Under Section 16 of the FOIA  we are obliged to provide advice and
assistance, I can advise you that there is comprehensive information on
the following link concerning the relocation of the Islamia Primary School
which you may find useful:
[2]https://haveyoursay.brent.gov.uk/en-GB/p...
 
If you remain dissatisfied with the handling of your request or this
internal review, you have a right to appeal directly to the Information
Commissioner for a decision. The Information Commissioner can be contacted
at:

The Information Commissioner's Office,
Wycliffe House, Water Lane,
Wilmslow,
Cheshire, SK9 5AF.

Phone: 0303 123 1113
Website: [3]www.ico.org.uk

I will now close your request as of this date. 

Michelle Gwyther

Interim Head of Forward Planning, Performance and Partnerships
Children and Young People’s Service
4^th Floor, Civic Centre
Engineers' Way
Wembley
HA9 0FJ
 

══════════════════════════════════════════════════════════════════════════

The use of Brent Council's e-mail system may be monitored and
communications read in order to secure effective operation of the system
and other lawful purposes.

References

Visible links
2. https://haveyoursay.brent.gov.uk/en-GB/p...
3. http://www.ico.org.uk/