Busway dispute documents sent to adjudicator, tribunals, etc.

The request was refused by Cambridgeshire County Council.

Dear Cambridgeshire County Council,

Please send me copies of all correspondence and documents, relating to the Cambridgeshire Guided Busway, between you and the adjudicator dealing with the dispute with BAM Nuttall or between you or any other adjudicator, arbitrator, tribunal or court.

Please also send copies of all correspondence and documents you have received from BAM Nuttall which you understand to have been also sent or disclosed to any adjudicator, arbitrator, tribunal or court.

If this is too voluminous please provide a list of the correspondence (indicating at least the date and general nature of each item) so that I may narrow my request.

Yours faithfully,

Ian Jackson

FOI, Cambridgeshire County Council

Dear Mr Jackson

Re: Environmental Information Request ref 1366

Thank you for your email of 20 September in which you requested
information about correspondence and documents relating to the Guided
Busway between CCC and the dispute adjudicator.

Your request will be dealt with in line with the Environmental
Information Regulations 2004. In accordance with the Regulations, the
Council aims to respond to all requests within 20 working days, in this
instance by 18 October.

If we require further information, clarification or a fee in order to
fulfil your request we will contact you again. Please quote the
reference number above in all future correspondence concerning this
request.

Yours sincerely,

Matthew Smith
Information Governance Officer
Cambridgeshire County Council

show quoted sections

FOI, Cambridgeshire County Council

1 Attachment

Dear Mr Jackson

Re: Environmental Information Request ref: 1366

I write with reference to your request of 20 September regarding
correspondence and documents relating to the Guided Busway between
Cambridgeshire County Council and the dispute adjudicator.

Please find our response attached.

I hope this information is helpful but if you are unhappy with the
service you have received in relation to your request and wish to make a
complaint or request a review, you should write to Sandra Taylor,
Corporate Information Manager, Box Res 1405, Shire Hall, Cambridge CB3
0AP within 40 days of the date of this letter.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF.

Generally, the ICO will not undertake a review or make a decision on a
request until the internal review process has been completed.

Yours sincerely

Matthew Smith
Information Governance Officer
Cambridgeshire County Council

<<FOI_1366_RES.pdf>>

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Dear Cambridgeshire County Council,

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

I am writing to request an internal review of Cambridgeshire County Council's handling of my FOI request 'Busway dispute documents sent to adjudicator, tribunals, etc.'.

1. Regarding the material you say is available from the Technology and Construction Court: please provide the case reference number(s) so that I may obtain this information from the Court.

2. Regarding the material relating to the adjudications: I do not accept that you can "contract out" of your obligations under FOI/EIR. Supplying the information I ask for would not adversely affect justice - indeed, openness is one of the cornerstones of justice. I do not accept that you have properly applied the public interest test (or applied it at all).

3. Regarding the DPA exemption you are claiming I do not accept that it would be unfair of you to disclose the personal data (principally, names of non-Council staff) that I ask for.

For the avoidance of doubt, by "the busway dispute" I meant to include all formal disagreements you have had with BAM Nuttall and this therefore includes the adjudications, even though they may be in some sense concluded.

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

Yours faithfully,

Ian Jackson

Withey Joanne, Cambridgeshire County Council

Dear Mr Jackson

Re: Freedom of Information Request ref 1366

Thank you for your email of 2 November 2011 in which you requested an
internal review of your recent Environmental Information request.

Your email has been passed to Sandra Taylor to investigate.  We hope to
respond to you within twenty working days, in this instance, by 30
November 2011, however, you will, in any case, receive a response within
40 working days as recommended by the Information Commissioner.

Yours sincerely,

Jo Withey
Information Governance Officer

RES1405
Cambridgeshire County Council
Shire Hall
Cambridge
CB3 0AP
01223 729164

The information in this email is confidential and may be legally
privileged. It is intended solely for the addressee. If you receive this
email by mistake please notify the sender and delete it immediately.
Opinions expressed are those of the individual and do not necessarily
represent the opinion of Cambridgeshire County Council. All sent and
received email from Cambridgeshire County Council is automatically scanned
for the presence of computer viruses and security issues.

Visit www.cambridgeshire.gov.uk

FOI, Cambridgeshire County Council

1 Attachment

Dear Mr Jackson

Thank you for your email of 2 November 2011 in which you requested an
internal review of your recent request for information.

Please see the attached response from Sandra Taylor, Corporate
Information Manager.

If you are not content with the outcome your complaint, you may apply
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.

Yours sincerely,

Jo Withey
Information Governance Officer

RES1405
Shire Hall
Castle Hill
Cambridge
CB3 0AP

01223 729164

<<FOI_1366_IR RES.doc>>

The information in this email is confidential and may be legally privileged. It is intended solely for the addressee. If you receive this email by mistake please notify the sender and delete it immediately. Opinions expressed are those of the individual and do not necessarily represent the opinion of Cambridgeshire County Council. All sent and received email from Cambridgeshire County Council is automatically scanned for the presence of computer viruses and security issues.

Visit www.cambridgeshire.gov.uk

Ian Jackson left an annotation ()

This request is now the subject of a complaint to the Information Commissioner.

Ian Jackson left an annotation ()

The ICO have emailed me to say that their provisional conclusion is not in favour of disclosure and invited me to withdraw my complaint.

I have declined and informed them that I require the Commissioner to issue a Decision Notice.

Ian Jackson left an annotation ()

I have put a copy of the ICO's email to me, and my reply, here:
http://www.chiark.greenend.org.uk/~ijack...

Ian Jackson left an annotation ()

This request is the subject of a Decision by the Information Commissioner. The decision was not in my favour. It can be found here:
http://www.ico.gov.uk/~/media/documents/...

I have appealed to the First Tier Tribunal (Information Rights). Various documents including my grounds for appeal can be found here:
http://www.chiark.greenend.org.uk/~ijack...

Ian Jackson left an annotation ()

The Information Tribunal has ruled against me. The judgement can be found here:
http://www.chiark.greenend.org.uk/~ijack...