Dear Ministry of Defence,

On 29 Nov 17, Army Cadet Force Officers received an e-mail from ACOS Cadets at Regional Command stating that "An appointment board held this week has considered the appointment of existing CF officers to the new commission". This was with regard to the implementation of the new Cadet Forces Commission.

Please provide, in a suitable electronic format:

1) The Terms of Reference for this Transfer Board
2) A list, by appointment, of the personnel who sat on this Transfer Board
3) Confirmation (or otherwise) that this Transfer Board was held in accordance with the provisions of the APC Career Management Handbook.
4) If otherwise, confirmation of the grading process used to determine eligibility for an appointment to the Cadet Forces Commission.

I look forward to a timely response in the spirit of the FOI Act.

Yours faithfully,

J Boyden

Army Sec-&Group (MULTIUSER),

Dear Sir/Madam

Your request has been logged under our reference FOI2017/12614 and the target date for response is 5 January 2018.

Yours sincerely

Army Secretariat

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Army Sec-&Group (MULTIUSER),

1 Attachment

Dear Mr Boyden

 

Please find attached the response to your FOI request.

 

 

Army Secretariat

IDL 24 | Army Headquarters | Blenheim Building | Floor 2 | Marlborough
Lines | ANDOVER | Hampshire | SP11 8HJ

Army Sec-&Group (MULTIUSER)

Dear Army Sec-&Group (MULTIUSER),

Many thanks for your prompt reply. The response to Question 1 was not clear in terms of the authority for this change. In accordance with Annex L/4 of Reserve Land Forces Regulations, please clarify if these Officers previous LF commissions were subject to:

a) A transfer process in accordance with paras 47 - 50.
b) Resignation - Compulsory in accordance with paras 54 - 58.
c) Relinquishment in accordance with paras 61 - 62.
d) Termination in accordance with para 65.

Please also provide a copy of the statutory authority or instrument that permitted this change.

Many thanks and Merry Christmas!

Yours sincerely,

J Boyden

Army Sec-&Group (MULTIUSER),

Dear Mr Boyden

Your request has been logged under our reference FOI2017/13385 and the target date for response is 19 January 2018.

Yours sincerely

Army Secretariat

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Dear Ministry of Defence,

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

I am writing to request an internal review of Ministry of Defence's handling of my FOI request 'Cadet Forces Commission Transfer Boards'. The references for this request are Army Sec 10/05/79828 FOI2017/12614.

At Q2 of this FOI request, I asked for "A list, by appointment, of the personnel who sat on this Transfer Board". This was refused by the originator, quoting "Withheld under Section 40(2)".

I note that this exemption covers the personal data of third parties (anyone other than the requester) where complying with the request would breach any of the principles in the Data Protection Act. However, I have not requested any Personal Data that would breach the Act, as I have merely requested the appointments of those sitting this Board. I do not require names or any other details.

The Act states that when information relates only to a post, without reference to an identifiable individual who holds that post, it would not constitute personal data.

If I had requested information that was sensitive personal data, as defined in the DPA section 2, disclosure is unlikely to be fair. I do not believe a list of appointments meets this criteria.

These points are articulated in the ICO guidance at the link below:

https://ico.org.uk/media/1187/section_40...

Therefore I request that this decision is reviewed at your earliest convenience and either:

1) The list of appointments is either provided, or

2) In accordance with the ICO guidance, please provide me with some justification for this claim if the MOD wishes to claim that disclosure would be unfair because of the adverse consequences on the employees concerned.

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

Many thanks, and Merry Christmas

J Boyden

Peter Jones left an annotation ()

Their justification for applying section 40(2) will undoubtedly be along the lines of you can identify the individuals concerned from their appointment.

J Boyden left an annotation ()

Possibly, but only if that information is already in the public domain.

Dear Army Sec-&Group (MULTIUSER),

The target date for a response to my FOI2017/13385 is today; 19 January 2018.

To date, I have not received a response and no reason has been communicated to me for any delay.

Could you kindly inform me if there is a valid reason for this delay?

If no response is forthcoming, I shall regretfully have report this to the Information Commissioners Office as breach of your statutory duties. I am sure we all wish to avoid this, so would be grateful of either a reason for a delay is given or a final response is given in the next 5 (five) working days.

Many thanks in advance for your time,

J Boyden

Army Sec-&Group (MULTIUSER), Ministry of Defence

Dear Mr Boyden

Thank you for your e-mail. I regret that I am not in a position to respond to your request by the due date, i.e. today. I hope to be able to respond properly to your request very soon.

Yours sincerely

Army Secretariat
IDL 24 | Army Headquarters | Blenheim Building | Floor 2 | Marlborough Lines | ANDOVER | Hampshire | SP11 8HJ
Army Sec-&Group (MULTIUSER)

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Dear Army Sec-&Group (MULTIUSER),

Thank you for kindly responding and letting me know that you will be unable to meet the statutory deadline. I note that you state that you will be in a position to respond "soon" and therefore, as previously stated, I am willing to wait another 5 (five) working days for your response in addition to the normal 20 (twenty) days permitted by law. Otherwise, I will have to reluctantly report this breach to the ICO.

Many thanks in advance for your kind co-operation,

J Boyden

CIO-FOI-IR (MULTIUSER), Ministry of Defence

1 Attachment

Dear J Boyden

Please find attached MOD's internal review of your request, our reference FOI2017/12614.

Regards
MOD Information Rights Compliance Team

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Dear CIO-FOI-IR (MULTIUSER),

Very many thanks for your swift investigation into the response provided to my request for a review into the handling of FIO2017/12614 and the clarification that Section 40 (2) does not apply in this situation. I am most grateful for the swift response and the subsequent information about the roles involved that you have provided as a result.

I note that my subsequent FIO request, FOI2017/13385, is still delayed beyond the statutory time limits but as previously indicated, I am willing to wait until 26 Jan 18 for a final response.

On receipt of this, I shall be pleased to close or escalate this request as appropriate.

I thank you again for your time,

Yours most sincerely,

J Boyden

Army Sec-&Group (MULTIUSER), Ministry of Defence

2 Attachments

Dear Mr Boyden

 

Please find attached the response to your FOI request.

 

Yours sincerely

Army Secretariat

IDL 24 | Army Headquarters | Blenheim Building | Floor 2 | Marlborough
Lines | ANDOVER | Hampshire | SP11 8HJ

Army Sec-&Group (MULTIUSER)

 

[1]http://defenceintranet.diif.r.mil.uk/Org...

 

References

Visible links

Dear Army Sec-&Group (MULTIUSER),

Many thanks for your kind reply to this FOI. I note that you state that "future amendments to the Reserves Land Forces Regulations following the introduction of the new commission will be carried out by the Army Headquarters, and once completed these will allow a full response to sub-paragraphs b-d"

I shall await your full response to sub paras b - d with interest. As this is already over the 20 days, could you kindly give me an indication of timeframe?

Kind regards,

Yours sincerely,

J Boyden

Army Sec-&Group (MULTIUSER), Ministry of Defence

Dear Mr Boyden

Thank you for your e-mail, however, the information to those sub paras is not held under the Act. When amendments are made in the future you will need to submit a new request for the specific information you would like to have access to.

Yours sincerely

Army Secretariat
IDL 24 | Army Headquarters | Blenheim Building | Floor 2 | Marlborough Lines | ANDOVER | Hampshire | SP11 8HJ
Army Sec-&Group (MULTIUSER)

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Dear Ministry of Defence,

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

I am writing to kindly request an internal review of Ministry of Defence's handling of my FOI request 'Cadet Forces Commission Transfer Boards'. The reference for this is FOI2017/13385.

Under the provisions of Annex L/4 of Reserve Land Forces Regulations, prior to the implementation of the Cadet Forces Commission in Dec 17, Officers of the Army's Cadet Forces held Army Reserve General List Type B Commissions, regulated by the above mentioned Reserve Land Forces Regulations.

As part of the appointment process to Cadet Forces Commissions, I was interested to understand what has happened to these legacy Reserve Land Forces General List Type B Commissions as part of the appointment process to a new Cadet Force Commission. My reading of the Regulations leads me to understand that they must be subject to :

a) A transfer process in accordance with paras 47 - 50.
b) Resignation - Compulsory in accordance with paras 54 - 58.
c) Relinquishment in accordance with paras 61 - 62.
d) Termination in accordance with para 65.

While I understand that appointments to a new type of Cadet Force Commission have been made under the provisions of a Royal Warrant, the focus of my clarification was to determine what policy has been followed to remove Officers from the legacy commissions used prior to 01 Dec 17. I find it somewhat difficult to understand that this information is not available until a revised version of Reserve Land Forces Regulations has been written ( as specified in an email from Army Sec-&Group (MULTIUSER) dated 23 January 2018) as the change has already been implemented.

Therefore, there must have been some policy on what course of action was taken by the MOD with regard to the termination, transfer or other action taken to remove the old commissions, prior to appointment to the new Cadet Force Commission, such as a Defence Council Order or similar. Similarly, if this authority was vested within the aforementioned Royal Warrant, I would be grateful for sight of it.

I would be grateful if you could review this FOI request and revert to me with your findings. I am more than happy to clarify if any of this is unclear.

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

Many thanks and kind regards,

J Boyden

CIO-FOI-IR (MULTIUSER), Ministry of Defence

Dear J Boyden

Acknowledgement of Request for a Freedom of Information Act (FOIA) Internal Review

We acknowledge receipt of your email of 24 January 2018 and we can confirm that an internal review will be conducted of your request for information, our reference FOI2017/13385.

The Department's target for completing internal reviews is 20 working days from date of receipt and we therefore aim to complete the review and respond to you by 21 February 2018. While we are working hard to achieve this, in the interests of providing you with a realistic indication of when you should expect a response, we should advise that the majority are currently taking between 20 and 40 working days to complete.

The review will involve a full, independent reconsideration of the handling of the case as well as the final decision.

Regards,
MOD Information Rights Compliance Team

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Dear CIO-FOI-IR (MULTIUSER),

I would be most grateful if this message could be passed onto your colleagues who are conducting the Internal Review of FOI2017/13385.

Just a quick note to let them know that a separate FOI request, FOI2017/12149, has yielded a copy of the Royal Warrant for the Cadet Forces Commission. It does not appear to contain any provision for the removal of the legacy LF Commissions from Cadet Force Officers, so the Internal Review can discount this as a source of information required. This is contrary to paragraph 6 of my e-mail of 24 Jan 18 and the sentence regarding the Royal Warrant may now be discarded.

I would be therefore be most grateful if the Internal Review could focus on the handling and disclosure of any other Policy (e.g. Defence Council or Army Board Orders) that enabled or authorised the removal of Cadet Force Officers Land Forces Commission, prior to the implementation of the CF Commission as enabled by Royal Warrant.

I suppose the good news is there is now one place less to look.

Have a lovely weekend,

J Boyden

CIO-FOI-IR (MULTIUSER), Ministry of Defence

Dear Mr Boyden,

Thank you for your email.

Unfortunately, we regret that we are not in a position to complete the internal review at the moment as not all of the information is available to us. Please be assured that we are working hard to complete the review as soon as we possibly can.

We will aim to provide you with an update, or the substantaive internal review, by 21 March 2018. We apologise for any inconvenience caused.

Regards,
MOD Information Rights Compliance Team

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Dear CIO-FOI-IR (MULTIUSER),

Very many thanks for your kind e-mail dated 26 Feb 18, where you stated that not all of the information was available to you to conduct an internal review of FOI2017/13385.

I confess to being slightly baffled by this, given that the action to remove Land Forces Commissions from ACF and CCF (A) Officers has already occurred on 01 Dec 17 and therefore must have been underpinned by at least one accountable policy decision.

Nonetheless, I do appreciate your honesty and candour. It is helpful. Thank you.

Given that you have stated in your e-mail of 26 Jan 18 that at present the Department are taking between 20 and 40 working days to conduct a full, independent reconsideration of FOI2017/13385, 21 Mar 18 remains a reasonable target time for completion and I look forward to hearing back from you in due course, once all of the information is available to you.

Thanks again for getting in touch,

J Boyden

Dear CIO-FOI-IR (MULTIUSER),

I am now overdue an outcome to my internal review request.

Please can this be dispatched to me today to avoid the necessity to refer this matter to the Information Commissioner.

Yours faithfully,

J Boyden

CIO-FOI-IR (MULTIUSER), Ministry of Defence

Dear Mr Boyden,

Thank you for your email.

MOD is not in a position to issue you with a substantive internal review to your request as our investigation is still ongoing. We will provide you with an update, or the substantive internal review response, by Fri 20 April.

If you are dissatisfied with the way your complaint is being processed, you have an absolute right to make a complaint to the Information Commissioner, the details of whose role and powers can be found on the website at: https://ico.org.uk. The address is: Information Commissioner's Office, Wycliffe House, Water Lane, WILMSLOW, Cheshire, SK9 5AF.

We apologise for the continued delay and for any inconvenience that this has caused you.

Thank you for your patience.

Regards
MOD Information Rights Compliance Team

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Dear CIO-FOI-IR (MULTIUSER),

Very many thanks for your reply informing me that your investigation is still ongoing and may take up to a further 20 days, in addition to the 40 days that have passed so far.

Due to the length of time this has taken, beyond the statutory limits, I have regretfully opted to exercise my absolute right to refer this ongoing case to the Information Commissioners Office. They shall allocate a Case Officer and be in touch shortly.

Best wishes,

J Boyden

Dear CIO-FOI-IR (MULTIUSER),

I understand that the Information Commissioner's Office has recently written to you in a letter dated 29 Mar 18, regarding the length of time the Internal Review Decision for FOI2017/13385 has taken the Department to process. The ICO Case Reference number supplied is FS50734590.

I further understand that they have given you twenty (20) days to issue a response before taking further enforcement action. The ICO request that I report back to them on the 27 Apr 18, to inform them if you have met your obligations under the Act.

I therefore very much look forward to receiving your response by this date.

I also note that a response to a related FOI Request at the link below is due in the next 2 days. I look forward to receiving a substantive response to this in the next 2 days.

https://www.whatdotheyknow.com/request/a...

Very many thanks in advance for your time and efforts,

J Boyden

CIO-FOI-IR (MULTIUSER), Ministry of Defence

2 Attachments

  • Attachment

    20180419 Rev Mr Boyden CFC and LF Commission information Rev draft resp to FOI2017 13385.pdf

    261K Download View as HTML

  • Attachment

    20171201 ABN 134 17 Cadet Forces Commission HQRC Final redacted.pdf

    45K Download View as HTML

Dear Mr Boyden,

Please see attached MOD's internal review of FOI2017/13385, with apologies for the delay.

Regards,
MOD Information Rights Compliance Team

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Dear CIO-FOI-IR (MULTIUSER),

Just a short note to thank yourself and the FOI Team for the resolution of this request. I am most grateful to you all for your hard work in resolving this question - thank you for your support. Most grateful if my thanks could be passed onto the relevant Team Members.

With very best wishes,

J Boyden

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