Cadet Forces Commission Transfer Boards

Waiting for an internal review by Ministry of Defence of their handling of this request.

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), Ministry of Defence

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), Ministry of Defence

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), Ministry of Defence

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.

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