Capital Board & Strategic Property Board: Meetings, Agendas, Attendees & Minutes

Waiting for an internal review by Haringey Borough Council of their handling of this request.

Dear Haringey Borough Council,

In respect of each of,
=================
• the Haringey Council Capital Board; and
• the Strategic Property Board (AKA the CAB Strategic Property Board),

please supply
============
(i) Meeting dates
(ii) Attendees
(iii) Agendas
(iv) Minutes

for the following periods:
=====================
• since May 2018 to date in respect of the Capital Board, and
• since 11 December 2018, in respect of the Strategic Property Board. For that Board, you have already supplied some details for the meeting of that date, but Refused to supply the Minutes for that meeting (those Minutes may become the subject of further enquiries, elsewhere).

Thank you.

Yours faithfully,

Clive Carter

Haringey Borough Council

1 Attachment

  • Attachment

    Freedom of Information request Capital Board Strategic Property Board Meetings Agendas Attendees Minutes.html

    0K Download

Dear Mr Carter,

 

Freedom of Information / Environmental Information Regulations Request:
LBH/11432721

 

I acknowledge your request for information received on 13 August 2021.

 

This information request will be dealt with in accordance with the Freedom
of Information Act 2000 / Environmental Information Regulations and we
will send the response by 13 September 2021

 

Your request for information may be delayed due to urgent operational
responses to dealing with Covid-19 priorities. We apologise for any
inconvenience this may cause, we do remain committed to responding to your
request and will respond as soon as we are able.

 

Should our response to your request breach the statutory time-frame and
you remain unhappy with our response you have the right to complain to the
Information Commissioners Office.  You can contact them at
[email address]. Information about their services is on their website:
www.ico.org.uk

 

Yours sincerely,

 

 

 

Corporate Feedback Team

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

Kirby Jonathan, Haringey Borough Council

Dear Mr Carter,

Re: Freedom of Information Act Request ref: LBH/11432721

 

May I first of all apologise for the delay in replying to you.   My
response is as follows:

 

Thank you for your request for information received on 13 August 2021, in
which you asked for the following with regard to the Council’s Capital
Board between the period May 2018 to date:

o Meeting dates;
o Attendees;
o Agendas and
o Minutes.

 

You also asked for the same information relating to the Council’s
Strategic Property Board from 11^th December 2018 to date.  However, I
understand you have received some of this information but not the minutes.

 

My officers are awaiting further advice from the Council’s Monitoring
Officer with regard to what information can be released to you and what
may be exempt under s36 of the Freedom of Information Act.

 

Once we have this information, we will endeavour to respond to you no
later than Monday 11^th October.

 

If you are unhappy with how we have responded to your request you can ask
us to conduct an Internal Review. If so, please contact the [1]Corporate
Feedback Team. (Please note you should do so within two months of this
response).

 

Yours sincerely,

 

Jonathan

 

Jonathan Kirby

Assistant Director, Capital Projects and Property

 

Housing, Regeneration & Planning 

Haringey Council

1^st Floor, 40 Cumberland Road, Wood Green London N22 7SG

Direct Ext: 020 8489 1286 (call via MS Teams)

Email: [2][email address]

 

Executive Assistant: Anita Morgan - [3][email address] -
07929 849 409

 

[4]www.haringey.gov.uk

[5]twitter@haringeycouncil

[6]facebook.com/haringeycouncil

 

P Please consider the environment before printing this email.

 

 

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. mailto:[email address]
4. http://www.haringey.gov.uk/
5. https://twitter.com/haringeycouncil
6. https://www.facebook.com/haringeycouncil

Jonathan Kirby
Assistant Director, Capital Projects and Property
Housing, Regeneration & Planning
Haringey Council
1^st Floor, 40 Cumberland Road, Wood Green London N22 7SG
Direct Ext: 020 8489 1286

Dear Mr Kirby,

Thank you for your holding reply dated 20 September 2021.

You said that "we will endeavour to respond to you no later than Monday 11th October", once you had the information.

Monday was yesterday and I expect you have not had the information. I expect that your officers are still waiting for further advice from the Council’s Monitoring Officer with regard to what information can be released and what may be exempt under s36 of the Freedom of Information Act.

It is not good enough that a council employee—especially a monitoring officer—can expect to delay FoI enquires indefinitely. My original request was dated 12 August. This particular request is well overdue, but it is part of a pattern of recurring delays to my requests for information since 22 March 2021. (A request of that date about the purchase of Alexandra House, is still pending nearly six months later. The impression given is that the council has a scandal that it continues to try to contain).

I take these delays seriously. I would urge you and your colleagues to have regard to the seven Nolan Principles of Public Life. As I lodge these requests via What-Do-They-Know dot com, there is a complete audit trail of our correspondence and available to the authorities.

Where the council's object and intention is to delay Answers, the tactic appears to be neither to provide information nor formally to refuse information, thus frustrating further steps. Following the earlier 20-working day deadline, this latest delay amounts to an effective and constructive refusal and I therefore ask for an Internal Review, as you suggested in your last paragraph.

Thank you for your attention

Yours sincerely,

Clive Carter

Kirby Jonathan, Haringey Borough Council

Dear Mr Carter,

I apologise for the information not being with you yesterday. We are looking into why the information did not come across to you, as it was signed off for issue yesterday afternoon, in accordance with the date agreed. I will update later today but have confidence in the information being with you today, if it has not already arrived

Regards,

Jonathan

Jonathan Kirby
Assistant Director, Capital Projects and Property

Housing, Regeneration & Planning
Haringey Council
1st Floor, 40 Cumberland Road, Wood Green London N22 7SG
Direct Ext: 020 8489 1286 (call via MS Teams)
Email: [email address]

Executive Assistant: Anita Morgan - [email address] - 07929 849 409

www.haringey.gov.uk
twitter@haringeycouncil
facebook.com/haringeycouncil

 Please consider the environment before printing this email.

show quoted sections

Kirby Jonathan, Haringey Borough Council

1 Attachment

  • Attachment

    Mr Carter LBH11432721.zip

    15.7M Download

Dear Mr Carter,

Thank you for your request for information received on 13 August 2021, in
which you asked for the following with regard to the Council’s Capital
Board between the period May 2018 to date:

o Meeting dates;
o Attendees;
o Agendas and
o Minutes.

 

We have considered the information captured within the scope of the
request and consider that s36 FOI Act – prejudice to effective conduct of
public affairs applies in part in this instance.

 

Elements of the minutes will be redacted under Section 36 of the FOI Act,
which provides an exemption if disclosure would or would be likely to:

“(a) prejudice collective responsibility or the equivalent in Wales and
Northern Ireland;

(b) inhibit the free and frank provision of advice or exchange of views;
or

(c) otherwise prejudice the effective conduct of public affairs.”

 

Section 36 requires the authority’s ‘qualified person’ to give their
‘reasonable opinion’ that disclosure would or would be likely to cause the
types of prejudice or inhibition listed above.  Our ‘qualified person’ –
the Monitoring Officer – has considered this request and is satisfied that
elements of the minutes meet the requirement of the exemption as full
disclosure of the minutes would ‘inhibit free and frank provision of
advice or exchange of views; or (c) otherwise prejudice the effective
conduct of public affairs.” The release of the agendas and lists of the
attendees does not contravene this principle, however some redaction of
the minutes will be made where s36 is applicable.

 

It is our view that Capital Board meetings (and its subsequent
re-incarnations) are held within the space which allows a free and frank
discussion about matters in the respective responsibilities of senior
officers of the Council.  It does consider, and advise and make delegated
decisions on issues and capital finance requests and therefore requires
senior officers to engage in free and frank exchanges on a range of
commercially sensitive subjects.  Good advice for Member decision-making
relies on senior officers being able to engage in these discussions
unencumbered by the prospect of their comments being disclosed.

 

Therefore, I have attached the agendas and minutes for the Capital Board
(and its reincarnations) that we hold which details the dates they met and
the attendees and any financial decisions made which are not commercially
sensitive. This Board was officer led and concerned with officer
governance and financial decision making on capital requests under £500k.
 The Board also made recommendations to Cabinet on capital requests £500k+
and decisions on those requests can be found on Haringey’s website, unless
the decision was exempt from publication.

 

Thank you for your patience whilst this response was delayed. I hope that
you are satisfied with my response. If you are dissatisfied, you may
complain to the Information Commissioner, who may be able to help you. 
Please note that if you wish to refer this case to the Information
Commissioner, they normally ask that you do so within two months of our
response to you.

 

You can contact the Commissioner by email: [1][email address]

Information about their services is on their website: [2]www.ico.org.uk

 

Regards,

Jonathan

 

Jonathan Kirby

Assistant Director, Capital Projects and Property

 

Housing, Regeneration & Planning 

Haringey Council

1^st Floor, 40 Cumberland Road, Wood Green London N22 7SG

Direct Ext: 020 8489 1286 (call via MS Teams)

Email: [3][email address]

 

Executive Assistant: Anita Morgan - [4][email address] -
07929 849 409

 

[5]www.haringey.gov.uk

[6]twitter@haringeycouncil

[7]facebook.com/haringeycouncil

 

P Please consider the environment before printing this email.

This email and any files transmitted with it are confidential, may be
subject to legal privilege and are intended only for the person(s) or
organisation(s) to whom this email is addressed. Any unauthorised use,
retention, distribution, copying or disclosure is strictly prohibited. If
you have received this email in error, please notify the system
administrator at Haringey Council immediately and delete this e-mail from
your system. Although this e-mail and any attachments are believed to be
free of any virus or other defect which might affect any computer or
system into which they are received and opened, it is the responsibility
of the recipient to ensure they are virus free and no responsibility is
accepted for any loss or damage from receipt or use thereof. All
communications sent to or from external third party organisations may be
subject to recording and/or monitoring in accordance with relevant
legislation.

References

Visible links
1. mailto:[email address]
2. http://www.ico.org.uk/
3. mailto:[email address]
4. mailto:[email address]
5. http://www.haringey.gov.uk/
6. https://twitter.com/haringeycouncil
7. https://www.facebook.com/haringeycouncil

Jonathan Kirby
Assistant Director, Capital Projects and Property
Housing, Regeneration & Planning
Haringey Council
1^st Floor, 40 Cumberland Road, Wood Green London N22 7SG
Direct Ext: 020 8489 1286 (call via MS Teams)

Dear Mr Kirby,

Thank you for your message with the pdfs of the Capital Board meetings (with much redaction).

============================================
The missing Minutes of the Strategic Property Board
(AKA the CAB Strategic Property Board)
============================================
My original request included a request for the Minutes (etc) for the Strategic Property Board, *since* 11 December 2018. There is no mention of them in your message this afternoon (12 October 2021), nor a refusal to supply; nor partly supplied nor supplied at all.

It is odd that you refer only to the Capital Board, because my request of 12 August set out clearly what I asked for. And in your message of 20 September, you appeared to recognise the scope of my request. Will you now please do one of three things. Either:

1. Supply all the Strategic Property Board information, as first requested on 12 August (un-redacted); or
2. Supply the Strategic Board information with redactions as the council may require; or
3. Refuse in writing to supply this information

I hope that you will satisfy (#1) and I trust there will be no further delays. As I have observed elsewhere, there is no sanction on the council for FoI delays and prevarication, apart from reputation damage to the institution and its employees.

Thank you for your attention

Yours sincerely,

Clive Carter