Central Borders Citizens Advice Bureau

Oysterman made this Freedom of Information request to Scottish Borders Council This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

TO: Scottish Borders Council.

I hear by request the following information under HM Freedom of Information (Scotland) Act 2002.

A) How much money have the council donated to Central Borders Citizens Advice Bureau.

B) How much of this money was derived from tax collection.

C) In what way was the ex-councillor Carolyn Riddell-Carre chosen by the council to represent the council on the charities board of directors.

D) In what way was the current councillor Michelle Ballantyne chosen by the council to represent the council on the charities board of directors.

E) Why were the councillors in C + D chosen and not a councillor from the Galasheils area ? Despite the charity being in Galasheils ?

F) Why were the councillors in C + D chosen when both are from the Scottish conservative party ? And in whay way does this premote democratic diversity ?

G) How much of a stake does the council have in this charitable company.

H) Do the council quantify a profit from there business with this charity ?

I) Does this charitable company receive a quantifiable profit from the council ?

J) May the public be supplied with documentation detailing the fiscal activity between both the council and the charity ?

K) When the councils funding of this charity was put out to tender by the council in 2011, why was this charity granted the contract ?

L) What other coperate and/or charitible bodies competed for the contract ?

M) When do the council plan to review there tender/contract to this charity ?

N) Has the public raised any issue or objection with this charity to the council, or to the council concerning the councils donations to the charity ?

O) How may a member of the public object or challenge the charities bid to receive further contract/tender/donation ?

P) In what way did the council think public money would benefit this charity, despite the charities well known fiscal deficiencies ?

q) How may a member of the public complain to the council in regards the council granting contract/giving donation to this charity ?

May the council supply the information including confirmation of reception of this legal request within the limits of time and law.

Oysterman.

Freedom of Information, Scottish Borders Council

Dear Sir/Madam

I acknowledge receipt of your request for information under the Freedom of
Information (Scotland) Act 2002 relating to the above and shall respond
within the relevant 20 working day period.

Unfortunately until you perovide me with a valid name the Council is
unable to deal with your request.  The Act states that a valid name must
be provided.  I would therefore be grateful if you could provide that name
by return.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

**********************************************************************

This email and any files transmitted with it are privileged, confidential
and subject to copyright. Any unauthorised use or disclosure of any part
of this email is prohibited. If you are not the intended recipient please
inform the sender immediately; you should then delete the email and remove
any copies from your system.

The views or opinions expressed in this communication may not necessarily
be those of Scottish Borders Council.

Please be advised that Scottish Borders Council's incoming and outgoing
email is subject to regular monitoring and any email may require to be
disclosed by the Council under the provisions of the Freedom of
Information (Scotland) Act 2002.

 

**********************************************************************

 

hide quoted sections

Dear Freedom of Information,

Please see web reference no.15460. Please confirm that the council has recived my name.

Thank you.

Oysterman (Account suspended) left an annotation ()

TO: SBC

I have been asked by the council to confirm my name in accordance to HM Freedom of Information (Scotland) Act 2002 and in regards my FOIS request entitled " Central Borders Citizens Advice Bureau " made via the " WhatDoTheyKnow " website. I can confirm that I am Oysterman and that my name is ** ********* ********

For the purposes of the act my address is the port of reply supplied by the mentioned website for the request or my e-mail address. However, I would request the council reply via the website port of call and reffer to me at all times as "Oysterman" for legal reasons.

Thank you.

Freedom of Information, Scottish Borders Council

Can you please reply to this e-mail box as I cannot get access to No. 15460. You are meant to put your name in the actual request which it does not.
Thank you

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [Scottish Borders Council request email]
 

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 12 September 2012 19:27
To: Freedom of Information
Subject: Re: Acknowledgement of Freedom of Information Request No. 4940 - SBC and Citizens Advice Bureau

Dear Freedom of Information,

Please see web reference no.15460. Please confirm that the council
has recived my name.

Thank you.

-----Original Message-----

Dear Sir/Madam

I acknowledge receipt of your request for information under the
Freedom of
Information (Scotland) Act 2002 relating to the above and shall
respond
within the relevant 20 working day period.

Unfortunately until you perovide me with a valid name the Council
is
unable to deal with your request.  The Act states that a valid
name must
be provided.  I would therefore be grateful if you could provide
that name
by return.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

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This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

**********************************************************************

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Dear Freedom of Information,

Negative. I cant not, legislation offers me the right to choose the method of disclosure of my name, what is imperative is that I disclose to the body I request to.

It is the duty of the council to allow access to FOIS compliance officers to there FOIS contact e-mail as given on site.

However if it is in dispute, I can refer the issue to the commissioner for clarification.

Oysterman

Freedom of Information, Scottish Borders Council

Please see link below to the SIC's website. I therefore am not able to deal with your request until you provide a valid name.

http://www.itspublicknowledge.info/YourR...

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [Scottish Borders Council request email]
 

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 13 September 2012 10:13
To: Freedom of Information
Subject: RE: Acknowledgement of Freedom of Information Request No. 4940 - SBC and Citizens Advice Bureau

Dear Freedom of Information,

Negative. I cant not, legislation offers me the right to choose the
method of disclosure of my name, what is imperative is that I
disclose to the body I request to.

It is the duty of the council to allow access to FOIS compliance
officers to there FOIS contact e-mail as given on site.

However if it is in dispute, I can refer the issue to the
commissioner for clarification.

Oysterman

-----Original Message-----

Can you please reply to this e-mail box as I cannot get access to
No. 15460. You are meant to put your name in the actual request
which it does not.
Thank you

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [Scottish Borders Council request email]
 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

**********************************************************************

hide quoted sections

Dear Freedom of Information,

Negative. I can confirm that I have spoken to FOI officer John Kelly, at the commissioners office and he has confirmed that I am NOT obliged to give my name via this website. I have supplied my real name to the e-mail address the council provide to there employer the public for contacting there FOI request Team.

Under the act I am told that is enough and it is the responsibility of the respondent to my request to access the e-mail account which I have delivered my name.

Thank you.

Oysterman

Freedom of Information, Scottish Borders Council

I have now receuved your name. Any responses to you shall come from the Freedom of Information Mailbox as that is the Council's procedures.
Regards,
Doreen Broom

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 13 September 2012 12:33
To: Freedom of Information
Subject: RE: Acknowledgement of Freedom of Information Request No. 4940 - SBC and Citizens Advice Bureau

Dear Freedom of Information,

Negative. I can confirm that I have spoken to FOI officer John
Kelly, at the commissioners office and he has confirmed that I am
NOT obliged to give my name via this website. I have supplied my
real name to the e-mail address the council provide to there
employer the public for contacting there FOI request Team.

Under the act I am told that is enough and it is the responsibility
of the respondent to my request to access the e-mail account which
I have delivered my name.

Thank you.

Oysterman

-----Original Message-----

Please see link below to the SIC's website. I therefore am not able
to deal with your request until you provide a valid name.

http://www.itspublicknowledge.info/YourR...


Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [Scottish Borders Council request email]
 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

**********************************************************************

hide quoted sections

Dear Freedom of Information,

Thats fine, I shall post the reply up hear.

Thanks

Oysterman

Dear Freedom of Information,

Please note that there has been no response to my request within the allotted time specified by law. I would ask the council to deliver the information sought as soon as possible and no longer than 72 hours from this present date.

Thank you,

Oysterman

Freedom of Information, Scottish Borders Council

Dear Oysterman

Further to your request for information under the Freedom of Information
(Scotland) Act 2002 relating to the above I am now able to partially
respond.  I apologise for the delay but have been awaiting information
from Social Work.  However, I will give you the responses I have.

 

A.         The 2011/12 funding by the Council to the Central Borders
Citizens Advice Bureau was £58,248.

B.         This funding came from the Council's General Fund which is
funded by Direct Government Revenue             Support Grant, Council Tax
and Non Domestic Rates.

C.         Ex-Councillor Carolyn Riddell-Carre was appointed to this
position by her fellow Councillors.

D.         Councillor Michelle Ballantyne was also appointed to this
position by her fellow Councillors.

E.         Appointments to all outside bodies are made by agreement
between the political groups within the             Council and there are
no records of how they reach their decisions.  The proposals are then
brought      to the full Council meeting for approval.

F.         As per E. above i.e. there are no records of how the
nominations are agreed.  We cannot comment       on the fact that both
were Conservative members.

G.         Awaiting response.

H.         Scottish Borders Council does not quantify profit margin for
the service provider in the Contract             which CAB tendered for
and have been awarded.

I.          Any profit margins for CAB will have been built into their
Tender Pricing Submission to provide this             service to Scottish
Borders Council.   The annual price to provide this service has been fixed
with            CAB by Scottish Borders Council.

J.          Awaiting response.

K.         The Citizens Advice Bureau were awarded the contract after
successfully being selected as the most             economic operator in a
competitive tender process.

L.         Awaiting response.

M.        The contract has been awarded for a period 3 years from the 1st
April 2012 with the option to renew     annually for a further 2 years.  
The Council will review whether the contract is to be extended before
           it's  expiry date of the 31st March 2015 and thereafter
annually the Council will decide whether the contract             should
be extended for the optional 12 month periods for the next 2 years until
the 31st March 2017.

N.           Awaiting response.

O.           Awaiting response.

P.            Awaiting response.

Q.           Awaiting response.

 

I hope you are happy with the information provided but have to advise that
you have a right to request a review within 40 working days of receipt of
this email.  You should either e-mail [1][Scottish Borders Council request email] or write
to the Data Compliance Officer, Scottish Borders Council, Council HQ,
Newtown St.Boswells TD6 0SA.

 

If after the Council’s FOI Advice Group have considered your review and
you are still not happy with the decision you then have a right to appeal
to the Office of the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St.Andrews, fife KY16 9DS.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

**********************************************************************

This email and any files transmitted with it are privileged, confidential
and subject to copyright. Any unauthorised use or disclosure of any part
of this email is prohibited. If you are not the intended recipient please
inform the sender immediately; you should then delete the email and remove
any copies from your system.

The views or opinions expressed in this communication may not necessarily
be those of Scottish Borders Council.

Please be advised that Scottish Borders Council's incoming and outgoing
email is subject to regular monitoring and any email may require to be
disclosed by the Council under the provisions of the Freedom of
Information (Scotland) Act 2002.

 

**********************************************************************

 

References

Visible links
1. mailto:[Scottish Borders Council request email]

hide quoted sections

Dear Freedom of Information,

I note that the council await there material from the social services, yet the social services must respect the act to. Therefore I can allow two days for my other questions to be answered.

Thank you,

Oysterman

Freedom of Information, Scottish Borders Council

Dear Oysterman

I am now able to complete your request:

G. The Council does not have a "stake" in Central Borders CAB. Central Borders CAB is a registered Scottish charity and is constituted as a company limited by guarantee. This means that it is a not for profit organisation with no share capital.

J. This has already been provided in Question A.

L. The contract opportunity was advertised as an open tender on the Public Contracts Scotland Portal. By advertising in this manner all suppliers including other charitable bodies had an opportunity to bid for this service.

N. The Council is not aware of a member of the public raising issues/concerns about the Council's contributions to this charity.

O. Scottish Borders Council has a published complaints procedure which can be accessed from the following link:

http://www.scotborders.gov.uk/info/672/c...

P. This is not a request for recorded information and is therefore not a valid request under FOISA.

Q. Scottish Borders Council has a published complaints procedure which can be accessed from the following link:

http://www.scotborders.gov.uk/info/672/c...

I hope you are happy with the information provided but have to advise that you have a right to request a review within 40 working days of receipt of this email. You should either e-mail [Scottish Borders Council request email] or write to the Data Compliance Officer, Scottish Borders Council, Council HQ, Newtown St.Boswells TD6 0SA.

If after the Council’s FOI Advice Group have considered your review and you are still not happy with the decision you then have a right to appeal to the Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St.Andrews, fife KY16 9DS.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [email address]
 

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 15 October 2012 01:31
To: Freedom of Information
Subject: Re: Response to Freedom of Information Request No. 4940 - SBC and Citizens Advice Bureau

Dear Freedom of Information,

I note that the council await there material from the social
services, yet the social services must respect the act to.
Therefore I can allow two days for my other questions to be
answered.

Thank you,

Oysterman

-----Original Message-----

Dear Oysterman

Further to your request for information under the Freedom of
Information
(Scotland) Act 2002 relating to the above I am now able to
partially
respond.  I apologise for the delay but have been awaiting
information
from Social Work.  However, I will give you the responses I have.

 

A.         The 2011/12 funding by the Council to the Central
Borders
Citizens Advice Bureau was £58,248.

B.         This funding came from the Council's General Fund which
is
funded by Direct Government Revenue             Support Grant,
Council Tax
and Non Domestic Rates.

C.         Ex-Councillor Carolyn Riddell-Carre was appointed to
this
position by her fellow Councillors.

D.         Councillor Michelle Ballantyne was also appointed to
this
position by her fellow Councillors.

E.         Appointments to all outside bodies are made by
agreement
between the political groups within the             Council and
there are
no records of how they reach their decisions.  The proposals are
then
brought      to the full Council meeting for approval.

F.         As per E. above i.e. there are no records of how the
nominations are agreed.  We cannot comment       on the fact that
both
were Conservative members.

G.         Awaiting response.

H.         Scottish Borders Council does not quantify profit
margin for
the service provider in the Contract             which CAB
tendered for
and have been awarded.

I.          Any profit margins for CAB will have been built into
their
Tender Pricing Submission to provide this             service to
Scottish
Borders Council.   The annual price to provide this service has
been fixed
with            CAB by Scottish Borders Council.

J.          Awaiting response.

K.         The Citizens Advice Bureau were awarded the contract
after
successfully being selected as the most             economic
operator in a
competitive tender process.

L.         Awaiting response.

M.        The contract has been awarded for a period 3 years from
the 1st
April 2012 with the option to renew     annually for a further 2
years.  
The Council will review whether the contract is to be extended
before
           it's  expiry date of the 31st March 2015 and thereafter
annually the Council will decide whether the contract            
should
be extended for the optional 12 month periods for the next 2 years
until
the 31st March 2017.

N.           Awaiting response.

O.           Awaiting response.

P.            Awaiting response.

Q.           Awaiting response.

 

I hope you are happy with the information provided but have to
advise that
you have a right to request a review within 40 working days of
receipt of
this email.  You should either e-mail [1][Scottish Borders Council
request email] or write
to the Data Compliance Officer, Scottish Borders Council, Council
HQ,
Newtown St.Boswells TD6 0SA.

 

If after the Council’s FOI Advice Group have considered your
review and
you are still not happy with the decision you then have a right to
appeal
to the Office of the Scottish Information Commissioner, Kinburn
Castle,
Doubledykes Road, St.Andrews, fife KY16 9DS.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

 

References

Visible links
1. mailto:[Scottish Borders Council request email]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
http://www.whatdotheyknow.com/help/offic...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

**********************************************************************

hide quoted sections

Dear Scottish Borders Council,

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

I am writing to request an internal review of Scottish Borders Council's handling of my FOI request 'Central Borders Citizens Advice Bureau'.

I request an internal interview on the basis that the response has not satisfied the act.

In respect to question A, I would ask the council to supply relevant documentation such as a receipt or other note supporting the sum quoted.

I ask questions C - D are explained properly, the current response outlines who appointed them and alludes to a majority agreement but it does not detail the process used by these people to appoint them, such as by ballot or another method.

As for question E I would ask the documentation of council approval is given I also contest the assertion that there is no recordings of how members reach there decisions on who they donate public money too. There must be and if there is not there should be. This is a rhetorical question but one would wonder why there is no recordings and what actually happens during the agreement process, are these decisions reached between the parties in some sort of secret meetings away from the public eye ? I hope not.

As per E, I would contest that there is or should be recordings of how nominations are agreed. I have a good guess of why the conservatives are directing the CAB but I shall keep them for public debate and my vote.

G - The council do a have a stake in this company, they have directorship and a vote in it, if the CAB don’t make a profit, one wonders how this charity pays its employees.

J - In terms of J, it has not been answered by A, A was the quote of the purported asserted donation not the documentation showing that donation or other fiscal business the council may have had with this charity. I would ask that J be answered.

K - So the council have picked them for being the cheapest vendor doing the social services job for them and helping citizens pay there debts plus taxes to the council in turn. I can see why they are attractive to the council and apparently the council don’t have a stake in them. Again that’s for another debate. Im sure Ballentyne who is well in the charity circute and political arena, who keeps her interest from conflicting can tell the electroate all about why but I would ask that all documentation that shows the council concluded the answer given in K is supplied.

L - The council must have a record of the bidders who bid for the tax payers donation.

N - I would double check that answer, as I have in my custody written and submitted enquires to complain about this charity in which the council confirmed they received, indeed they supplied the port of call to complain.

P - The council assert this but the council do not cite the legislation to justify that assertion I would ask for that citation or for the council to explain in what way it thinks my tax pounds and the tax pounds of the community were best spent in this charity that have a poor fiscal record. If the council cant detail this, well, should the person who made thsi decion to donate really should be deciding one wonders but it this way if I had my bosses money and invested it in a known business that’s on the rocks without any good reason I would be fired. I ask the council answer the question or cite its legal objection.

Thank you.

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

Oysterman

BELOW IS MY REQUEST FOR AN INTERNAL REVEIW AMENDED.

Dear Scottish Borders Council,

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

I am writing to request an internal review of Scottish Borders Council's handling of my FOI request 'Central Borders Citizens Advice Bureau'.

I request an internal interview on the basis that the response has not satisfied the act.

In respect to question A, I would ask the council to supply relevant documentation such as a receipt or other note supporting the sum quoted.

I ask questions C - D are explained properly, the current response outlines who appointed them and alludes to a majority agreement but it does not detail the process used by these people to appoint them, such as by ballot or another method.

As for question E I would ask the documentation of council approval is given I also contest the assertion that there is no recordings of how members reach there decisions on who they donate public money too. There must be and if there is not there should be. This is a rhetorical question but one would wonder why there is no recordings and what actually happens during the agreement process, are these decisions reached between the parties in some sort of secret meetings away from the public eye ? I hope not.

As per E, I would contest that there is or should be recordings of how nominations are agreed. I have a good guess of why the conservatives are directing the CAB but I shall keep them for public debate and my vote.

G - The council do a have a stake in this company, they have directorship and a vote in it, if the CAB don’t make a profit, one wonders how this charity pays its employees or can sue in light that it is not an assocation, unless the answer given to G is inaccurate. I would this answer be reveiwed.

J - In terms of J, it has not been answered by A, A was the quote of the purported asserted donation not the documentation showing that donation or other fiscal business the council may have had with this charity. I would ask that J be answered.

K - So the council have picked them for being the cheapest vendor doing the social services job for them and helping citizens pay there debts plus taxes to the council in turn. I can see why they are attractive to the council and apparently the council don’t have a stake in them. Again that’s for another debate. Im sure Ballentyne who is well in the charity circuit and political arena, who keeps her interest from conflicting can tell the electorate all about why but I would ask that all documentation that shows the council concluded the answer given in K is supplied.

L - The council must have a record of the bidders who bid for the tax payers donation.

N - I would double check that answer, as I have in my custody written and submitted enquires to complain about this charity in which the council confirmed they received, indeed they supplied the port of call to complain.

P - The council assert this but the council do not cite the legislation to justify that assertion I would ask for that citation or for the council to explain in what way it thinks my tax pounds and the tax pounds of the community were best spent in this charity that have a poor fiscal record. If the council cant detail this, well, should the person who made this decision to donate really should be deciding after all one wonders. Put it this way if I had my bosses money and invested it in a known business that’s on the rocks without any good reason I would be fired. I ask the council answer the question or cite its legal objection.

Thank you.

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

Oysterman

Freedom of Information, Scottish Borders Council

Dear Oysterman

 

I acknowledge receipt of your e-mail dated  16 October 2012 requesting a
review of the Council’s response to your original request for information
under the Freedom of Information (Scotland) Act 2002 relating to the
above.    The FOI Advice Group shall  meet within the 20 working day
period and a response shall be sent within that timescale.

 

Yours sincerely

 

Doreen Broom

Data Compliance Officer

Scottish Borders Council

Resources Department  - BTS

Tel: 01835 826516

e-mail: [1][Scottish Borders Council request email]

 

 

 

 

 

 

**********************************************************************

This email and any files transmitted with it are privileged, confidential
and subject to copyright. Any unauthorised use or disclosure of any part
of this email is prohibited. If you are not the intended recipient please
inform the sender immediately; you should then delete the email and remove
any copies from your system.

The views or opinions expressed in this communication may not necessarily
be those of Scottish Borders Council.

Please be advised that Scottish Borders Council's incoming and outgoing
email is subject to regular monitoring and any email may require to be
disclosed by the Council under the provisions of the Freedom of
Information (Scotland) Act 2002.

 

**********************************************************************

 

References

Visible links
1. mailto:[email address]

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Oysterman (Account suspended) left an annotation ()

Oysterman can confirm an e-mail requesting to discuss matters about this was sent to Conservative Cllr Ballentyne yet no response was given, two weeks later a second request was sent and no response was given, the next day Lothian & borders police contacted oysterman at there home.

The reason for this was to state that the Borders CAB wanted complaints to stop and to discourage protest. No charge or action was taken against oysterman, solictors acting for Oysterman are examining the matter.

Oysterman (Account suspended) left an annotation ()

TO: Lothian & Borders Police.
 
I contact the police in response to a visit to my home by two officers who were acting it seemed on the bequest of the CAB. I note the police were kind enough to inform me that e-mails to the beaura have been requested to stop. I was told I have not borken the law but it is possible that I could if I continue, I thank the police. I will respect this and have stopped e-mailing for some time now. 
 
However I was concerned at what seemed to me to be issues regarding my right to protest under HM Human Rights Act 1998. 
 
I want the police to understand that as I comprehended I have: 
 
- The right to peaceable orderly protest and  within  any part of realm. 
- This right it protected by the law and EU convention and constitutes my fundamental freedoms. 
- This right is protected under UN Ordenance.
 
 
I fully reserve my right to:
 
- Fully protests at anytime or place orderly and peacefully in accordance to the act.
 
- That I intended to protest outside the citizens advice beaura at an undisclosed date and time once I have cosulted my solicitors.
 
- My solicitors will formally engage police in due course before this should happen. 
 
 
I would urgently ask the police to formally submit to the hosue in writing if they intened to: 
 
Obstruct, contest or arrest me for holding a legal protest outside the chairty. 
 
And specifically if they do not intened, to confirm my legal right to protest outside this chairty peacefully and orderly.
 
I await police response.
 
Please note the officers were very cordial and polite and I make no complaint about them, I just require clarification as I must gaurd my civil rights.
 
 
 
Thank you.
 
 ******* ***********
 
 
 
 
 
 
 

Oysterman (Account suspended) left an annotation ()

Special note: The CAB mentioned hear is NOT to be taken nessacerly as the CAB reffered to in any police complaints.

Oysterman (Account suspended) left an annotation ()

Dear L&B Police.

After contacting my emergency solicitor I write to inform the police that;

I withdraw my official complaint, my solicitors will contact the police within the next few days, sorry for the inconvenience.

-------------------------------------------------------

My complaint is not to be taken as an official statement or allegation as it was made under distress of a communication difficulty without legal council, I reserve all my rights, if the police wish further contact I have been instructed to give note that the police give notice first.

The police are asked to inform me of my rights, the nature of there contact excplicitly and to ask me to sign a statement of my version of events if contact is made at my home regarding a complaint again. I note the complaint was about an action that was not unlawful.

----------------------

There shall be no more contact from this e-mail to police.

(My solicitor has advised that I can instruct the firm to write to the CAB on my behalf and I have the right to issue a writ to any public service or third sector organisation that may attempt to interfere or cause a loss to my human rights.)

Oysterman (Account suspended) left an annotation ()

TO: CLLR MICHELLE BALLANTYN

Dear cllr Michelle Ballantyn

I write to you regarding your business with central borders citizens advice bureau business which I know you will agree is the publics business in turn. I write to you as a human rights activist and *********** ************ ************ ******

It has came to my attention that yourself and your predecessor, Carolyn Riddell-Carre are both members of the same party when you sat/sit on the board of directors of the charity now under serious question.

My question is therefore why is this ? What interest do the Scottish conservatives have in the fiscal interests of a charity that is barely afloat and dose the party therefore share responsibility for the success and failures of this charity in turn ?

I await your response.

Regards,

*********** ***********

Oysterman (Account suspended) left an annotation ()

Dear **** ******** ********,

I was appointed by the council to this organisation (as well as a number of others) as part of the appointments to outside bodies process shortly after I was elected and my party affiliation was not considered as part of that process(I was unaware that Mrs Riddell Carre held the position previously). Therefore the answer to your second question is none I am there as an elected member because CAB have a contract with SBC. The fact that I happen to be conservative is irrelevant.

Kind regards,

Michelle

Michelle Ballantyne

Cllr for Selkirkshire

Oysterman (Account suspended) left an annotation ()

TO: Councillor.

Fair reply. You said others were appointed, may I ask, do you mean other councillors or other people appointed by the council ? I thought the council could only appoint one person to represent them on the board of directors.

If I have an issue with this organisation would you take it up on my behalf, or defend the organisation or stay neutral ? How do councillors who happen to be directors uphold there duties to the charity and there constituent if the constituent and charity have a civil dispute ?

The reason I ask that question is once I take official action against this charity, I want to know what your position would be, what your duties to me and the charity are and if I am obliged to reframe from involving you in this matter, or you are obliged to reframe from being involved.

Oysterman (Account suspended) left an annotation ()

TO: Oysterman

Good Morning,

Sorry I meant I was appointed to other bodies at the same time not that other people were appointed to CAB -I am the only rep on the Central Borders CAB.

In regards a constituant I would represent the constituant in the same way I would take up any concern/complaint. My role at CAB is to ensure that they are fulfilling their contractual obligations and to contribute where appropriate to their discussions.

I believe I am ex-officio as opposed to a director and in the case of a dispute between the organisation and one of my constituants I would look at the facts of the case and seek to ensure that there was an appropriate resolution as I do in all issues.

What is important to me and I hope will always remain so is that any parties to a dispute are given a fair hearing and that all appropriate actions are taken. I try not to judge anything or anyone without a thorough understanding of what has happened and where there is ambiguity a fair balance of probability taken into account.

I would hope therefore that if one of my constituants bring a problem to me that they will find I give them my honest support and advice and that where there is a case to be answered I would take whatever steps are necessary to seek appropriate resolution. My duty is to ensure that services are effective and appropriate within their resource capability and that I serve the needs of individuals to the best of my ability.

I hope this answers your questions.

Kind regards,

Michelle

Michelle Ballantyne

Cllr for Selkirkshire

Oysterman (Account suspended) left an annotation ()

TO: Cllr Ballantyne.

That is good and put me in my place that way. I hope you don’t mind me putting questions to you, what obligations do CAB have to SBC ? My complaint is taking time to compile, gather evidence take witness statements and expert witnesses. it has been 8 months in the making. The CAB sent the police to my door who stated I had not committed a crime but to not contact the CAB which is fine, though I suspect there in damage limitation mode, my object is not damage my object is fixing the charity.

Oysterman (Account suspended) left an annotation ()

TO: Oysterman

Of course I don’t mind you asking although it helps me to give a useful answer if I understand why the question is being asked and in what context.

Any organisation that has a contract with and/or recieves funding from the council can have a councillor appointed to its board/committee. The obligations would be those contained in the contract.

Oysterman (Account suspended) left an annotation ()

TO: Cllr

Is it possible to see this contract under the Freedom of Information (Scotland) Act 2002 or is it exempt ?

Oysterman (Account suspended) left an annotation ()

TO: Oysterman

I am not sure if you would be able to see the contract.

Dear Freedom of Information,

I note that the timescale for a response to my request for an internal reveiw has now passed therefore I would ask that the reveiw by supplyed within the next 72 hours.

Thank you,

Oysterman

Oysterman (Account suspended) left an annotation ()

I can confirm that I have recived the internal reveiw. However, there remain concerns therefore I will submit this case to the commissoner.

Dear Freedom of Information,

I shall submit this case to HM Freedom of Information Commissoner for Scotland as I am concerned with the response given.

Thank you.

Oysterman

Smart, Eileen, Scottish Borders Council

4 Attachments

Please find letter and attachments regarding your recent Freedom of
Information request.

 

Eileen Smart   ex 6688
Resources Support

Resources Section, Council H.Q.
[1][email address]

 

**********************************************************************

This email and any files transmitted with it are privileged, confidential
and subject to copyright. Any unauthorised use or disclosure of any part
of this email is prohibited. If you are not the intended recipient please
inform the sender immediately; you should then delete the email and remove
any copies from your system.

The views or opinions expressed in this communication may not necessarily
be those of Scottish Borders Council.

Please be advised that Scottish Borders Council's incoming and outgoing
email is subject to regular monitoring and any email may require to be
disclosed by the Council under the provisions of the Freedom of
Information (Scotland) Act 2002.

 

**********************************************************************

 

References

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Oysterman (Account suspended) left an annotation ()

Our Ref 201202365

28 November 2012

Dear ********* ***********

Application for Decision by the Scottish Information Commissioner
Public Authority: Scottish Borders Council

I refer to my email of 22 November 2012 confirming that I have received all the documents required to validate your application for decision by the Scottish Information Commissioner.

Your application for a decision from the Commissioner relates to the funding of Central Borders Citizens Advice Bureau (CAB).

I am satisfied that it is valid in terms of the Freedom of Information (Scotland) Act 2002 (FOISA)/Environmental Information (Scotland) Regulations 2004 (the EIRs).

The Commissioner will therefore investigate your complaint and issue a decision on your case.

I have provided a link below for you to download a copy of the Commissioner’s guidance for applicants, entitled "What Happens Next?", which gives you some information about the way your case will be investigated, what information we might need from you and how long the investigation is likely to take. Please read it carefully.

http://www.itspublicknowledge.info/YourR...

Your case will now be allocated to an investigating officer, who will be in contact with you soon.

If you become aware of any change in circumstances, or anything else which you think might affect the course of the investigation or the need for a decision from the Commissioner, it would be helpful if you could let me or the investigating officer know as soon as possible.

Details about the investigation (i.e. the case number, the name of the public authority involved and the type of information requested) will be made available on the Commissioner’s website. Once a decision has been reached, a copy of the Decision Notice will be made available on the website. The Decision Notice for you will be anonymised. Therefore, the version of the decision which appears on the website will not contain your name.

The Commissioner is also a Scottish public authority for the purposes of FOISA, and she has a duty to respond to information requests made under FOISA or the EIRs for information that she holds. This means it is possible, although unlikely, that she will receive a request asking her to release your name. If this happens, the Commissioner will usually have to release this information unless there are good reasons for withholding it.

If you feel there are valid reasons for your name to be withheld in response to a request under FOISA or the EIRs, please let me know within the next 3 weeks.

Please do not hesitate to contact me if you have any queries about anything raised in this letter contact me on 01334 464610 or pkeith@itspublicknowledge.info.

Yours sincerely,

Pauline Keith
Validation Officer

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
KY16 9DS

Oysterman (Account suspended) left an annotation ()

FORMAL FINDING BY HM INFORMATION COMMISSIONERS OFFICE IN *******(Oysterman) V CENTRAL BORDERS CITIZENS ADVICE BUREAU

Case Reference Number RFA***************

Dear *********** ********** (Oysterman)

When I last wrote to you, I explained that when we receive data protection complaints, our obligation is to make an assessment. An assessment is the Information Commissioner’s view about whether an organisation has followed the rules of good practice for handling information in the Data Protection Act 1998 (the DPA).

I also explained that our aim is to ensure that organisations deal with personal information properly in the future. Our assessment decisions can help us to decide whether we should take action against a particular organisation.

Our decision

I wrote to Central Borders Citizens Advice Bureau (CBCAB) about this matter and have now received its response. On the basis of all of the information provided by you and CBCAB, we have decided that it is unlikely that CBCAB has complied with the requirements of the DPA in this case.

This is because, from the evidence provided, it appears that CBCAB failed to fully comply with a subject access request (SAR) you made on 12 March 2012.

As you are aware, we asked CBCAB about the safeguards that are in place to help ensure it handles personal data properly.

CBCAB explained that, in relation to the ‘CASTLE’ files, only one record was held in relation to you. CBCAB explained that this file was withheld from disclosure ‘Due to this information being confidential to the client’.

Section 7(5) of the DPA explains that, as a data controller, CBCAB are obliged to communicate as much of the information requested as they can without disclosing the identity of the third party individual. So, disclosing the information with any third party information edited or deleted may be the best way to meet your request.

From the evidence provided, it appears that CBCAB failed to disclose this specific information to you under Section 7(5) of the DPA.

In relation to the voice messages you requested, CBCAB explained that at the time you made a SAR, there were no messages on the machine system available for disclosure. CBCAB explained that, in keeping with CBCAB’s retention policy, messages are deleted when it has been listened to and dealt with.

In relation to the further information you requested, CBCAB explained that all of the personal information held by CBCAB had been disclosed within the scope of your request. As I understand it information specific to you within the ‘allocated drawer’ has been disclosed, CBCAB explained that any other information non-specific to you has been recycled in keeping with CBCAB’s retention policy.

CBCAB also explained that CBCAB were unable to disclose any ‘rota notes’ as ‘we only hold these for a short period and had none with his (Oysterman's) name inscribed’.

Next steps

I have made recommendation to CBCAB to ensure that all of the personal information you are entitled to, within the scope of your request, is disclosed in keeping with the statutory framework. You may wish to contact CBCAB if you feel you wish to pursue this matter further.

Most organisations want to put things right when they have gone wrong and learn from complaints that are raised with them. We have therefore asked CBCAB to consider the information we have provided during the course of this assessment and take steps to prevent the situation from happening again.

We will keep a record of your complaint and take this assessment into account if we receive further complaints about CBCAB. The information we gather from complaints may form the basis for action in the future.

Thank you for bringing this matter to our attention.

Yours sincerely

******** *******

Case Officer (Group 2)

Complaints Resolution

Direct Dial Number: ******** *****

-----------

Oysterman was instructed not to 'collect' the data at the CBCAB by his solicitor as CBCAB & Police acted 'grossly' to subject when accessing his info therefore inital writ was taken to sherrif court for enforcment by sherrif officers, ICO office interveined to inform CBCAB of my concerns and CBCAB supplied Oysterman with data, sherrif officer action was witheld.

Oysterman (Account suspended) left an annotation ()

Original Message-----

From: *** ********* ****** [mailto:******_*********@*******.*****]
Sent: 26 February 2013 20:46
To: Force Information Unit
Subject: ****** - Incident at ****** Update

I write in regards an incident that took place at approximately 9-10am today at ******** Pharmacy in *********. This incident involved a women by the name of ******* **** who works at Central Borders Citizens Advice Bauru, the women approached me deliberately to make comments in a way that scared me.

A sergeant ******* took a statement and I have asked for this lady to be issued with a verbal caution.

I would like the incident number for this and if the women should dispute my allegation, for the CCTV footage kept at the pharmacy to be checked by police. The images in relation to this incident will be recorded with this CCTV for 28 days from today’s date only, after which I am told the images are written over.

The lady at the counter at the time of this approach may be able to give witness statement.

*******************************************************************
*****************************************************************

I note HM Information Commissioner for Scotland is investigating issues in relation to this charity and I feel the comments made may have been due to this, therefore I have alerted the commissioner of this incident as a possible incident that may ‘have an effect on the investigation’. I shall inform my solicitor.

Thank you.

******** ****** (Oysterman)

Oysterman (Account suspended) left an annotation ()

To: HM Freedom of Information Commissioner for Scotland,

I can confirm to the commission that the lady who approached me within ******** pharmacy of ****** was named ******* ****, ************** Central Borders Citizens Advice Bauru. I note the I have a ongoing FOI Scotland investigation into funding of this charity by Scottish Borders Council.

The women approached me and stated ‘How are you ******* *****, keeping busy ? Anything for the greater good eh ? ’

I inferred this to be a reference to my ongoing dispute with the CAB & associated FOI request into funding of her place of work. I contacted police.

Police called the lady into the station and she confirmed my version of events as correct, the women was issued with a caution.

The matter has been now dealt with.

I not the commission of this as it is circumstantial factor in relation to the organisation referred to during a FOIS investigation. If the commission wish for an incident number and the name of the investigating officer this shall be supplied upon request.

Thank you,

********* ************ (Oysterman)

Oysterman (Account suspended) left an annotation ()

Dear ***** **** (Oysterman)

Thank you for your email.

I can confirm that the incident number that relates to this is ***** of 24/02/2013.

Having checked into this matter for you I understand that Sergeant ***** ****** ******* has since spoken to you on the morning of 28/02/2013 and made you aware of the conclusion of this enquiry.

I would therefore deem your request below to have been dealt with, however please get in touch if this is not the case.

Kind regards

******** *********

Force Information Unit

Oysterman (Account suspended) left an annotation ()

*Clarification for readers: A "caution" by Scots police comes with a very small c. A "caution" dose not exist in Scots law as it dose in in English law. In fact it technically dose not exist at all. If one receives a "caution" in Scotland from an officer it is literally an officer giving a piece of advice. In this case officers advised that the person stays away from me and vice-versa. It is simply a recommendation.

Oysterman (Account suspended) left an annotation ()

Police, CAB, and Council have been formally referred to HM Information Commissioner for Scotland. Evidence supplied of possible ultra vires action by police upon users civil right to freedom of speech on this site. Commissioner has examined the articles. Deliberations due soon.

Oysterman (Account suspended) left an annotation ()

Judgment of HM Information Commissioner for Scotland

OSYERMAN V SCOTTISH BORDERS COUNCIL

VERDICT: Partially upheld

Oysterman (Account suspended) left an annotation ()

So the council, that is Scottish Borders council, has acknowledged it made errors, it also (although not mentioned in commissioners report) wrongly told me I had a duty to disclose my name on this site (something the commissioners staff had to sort out, you'd think the commission would have mentioned that), the council sent one sheet instead of all, on top of all that, the council are well aware of my disability and so is the commissioner as documented evidence shows, yet both don’t see it a fit thing to offer assistance or to ask me what I meant specifically in light of the fact of known police harassment and ultra vires actions towards myself an autistic person for using this site and asking legitimate questions to illicit proof that the charity mentioned is actually worth the money the borders council put into it, while they let the ability centre stand on an economic knife edge. I am surprised the evidence of police harassment that was handed to the commissioner was not mentioned in the report) the commissioners statutory peers have found breaches of human rights law in regards depravation of my rights in this matter also.

Obviously the commissioner can only work with what the commissioner is being told but I find it slightly considerable that the commissioner accepts as reasonable the council coming out with flying colours in all but one technical matter and the request appearing as if coming from a ‘challenger’ ‘in particular circumstances’. Wonder if the commissioner will use the word maladministration of local government services while she takes this up with the council.

Mistakes made on both sides, but worth the effort in these initial stages, one thing is for sure the amount of rights abuse I have received from so called 'professionals' for highlighting the fact this charity is bringing itself into 'disrepute' in regards minority communities is absolutely disgusting and something myself, my family, other charities and my solicitors are becoming very impatient with, very quickly.

This is not the way a charity or public body should behave towards any person they serve in the community, especially the most vulnerable and if it continues to happen they will be made to show lawful cause for it before a tier of fact and if they cant, they will feel the full force of the law, regardless of who they are.

Myself or others will set up more ways for the more serious evidence and findings to be viewed at a different site in due course once they have been processed by our solicitors and the relevant statutory authorities but for now this FOISR will remain open until question K is fully explored. And it is my suggest the public just don’t donate to the CAB organisation in full until they get there equality and human rights policy working in house towards ALL protected characteristics in a voluntary position.

Dear Smart, Eileen,

I write in regards the findings of HM Commissioner for Scotland (decision 089/2013) issued to us on the 15th of May 2013.

I contact the council on the point the commissioner raises in the finding per request K, that is that I have a right to rephrase and request the information I seek.

' 40. The Commissioner notes that Mr O sought the relevant documentary evidence in his request for review. She considers that to have been a new request for information. Clearly, it is too late to pursue the Council's handling of that further request now (Mr O did not seek a review at the time), but Mr O could still make another new request for the information. '

I therefore ask for any documentary evidence to justify the conclusion reached by the council that central borders CAB was the most economic operator in the tender review process. I make this request for information under HM Freedom of Information (Scotland) Act 2002.

Thank you,

Oysterman

Smart, Eileen, Scottish Borders Council

Good morning, I have passed your email to the relevant people concerned.

Eileen Smart   ex 6688
Chief Executive Department Support
Scottish Borders Council
Newtown St Boswells
TD6 0SA
email: [email address]

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 24 May 2013 03:59
To: Smart, Eileen
Subject: Re: FOI Request - Central Borders CAB

Dear Smart, Eileen,

I write in regards the findings of HM Commissioner for Scotland
(decision 089/2013) issued to us on the 15th of May 2013.

I contact the council on the point the commissioner raises in the
finding per request K, that is that I have a right to rephrase and
request the information I seek.

' 40. The Commissioner notes that Mr O sought the relevant
documentary evidence in his request for review. She considers that
to have been a new request for information. Clearly, it is too late
to pursue the Council's handling of that further request now (Mr O
did not seek a review at the time), but Mr O could still make
another new request for the information. '

I therefore ask for any documentary evidence to justify the
conclusion reached by the council that central borders CAB was the
most economic operator in the tender review process. I make this
request for information under HM Freedom of Information (Scotland)
Act 2002.

Thank you,

Oysterman

-----Original Message-----

Please find letter and attachments regarding your recent Freedom of
Information request.

 

Eileen Smart   ex 6688
Resources Support

Resources Section, Council H.Q.
[1][email address]

 

 

References

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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be
published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your
web manager to link to us from your organisation's FOI page.

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This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002 . **********************************************************************"

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Freedom of Information, Scottish Borders Council

Dear Oysterman

I acknowledge receipt of your request for information under the Freedom of
Information (Scotland) Act 2002 relating to the above and shall respond
within the relevant 20 working day period.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

"**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002 . **********************************************************************"

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Oysterman (Account suspended) left an annotation ()

Complaint to the commissioner under HM Equality Act 2010 on advice from the EHRC on "Status"

While it will not be known to the public that I am autistic/learning difficult the respondent can reasonably expect to deduce that the commissioners judgment issued refers to me as the respondent holds my name. 

There are parts of the judgment and I dare not direct the commissioner in what she writes, of course not, let it be so that the commissioner writes whatever the commissioner writes as while I ask for privacy I would never condone censorship but it would seem on the face of it that the terms such as "His particular circumstances" is a statement to my health status and thus puts me in unequal terms of reference that other members of the public, without my disability, may not be referred to in feedback.

There is also a diagnostic term of reference used to declare that my communication is good. Therefore, I would ask what medical qualification the commissioner holds to come to this finding. 

Thirdly while I appreciate this may or may not be the intent of the commissioner there seems to be an overtone in the judgment to suggest to readers that I am an inappropriate applicant. I believe it delegitimizes my persona in the public mind.

Please count this as a formal complaint of unequal service to me on grounds of my disability and investigate accordingly under HM Equality Act 2010. 

Freedom of Information, Scottish Borders Council

Dear Oysterman

 

Further to your request for information under the Freedom of Information
(Scotland) Act 2002, I have been asked if you can clarify what documentary
evidence yo0u further require as the Council has already  provided you
with details of the tender evaluation criteria used by SBC when evaluating
CAB's submission.

 

 

 

Once I receive your clarification a new date will be allocated for the
Council to respond to you.

 

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

 

 

 

"**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002 . **********************************************************************"

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Dear Freedom of Information,

I request any other documentary evidence other than that of the
details of the tender evaluation criteria used by SBC when evaluating CBCABs submissions. I would also under the act like to see the submissions of CBCAB if not already provided.

Thank you,

Oysterman

Oysterman (Account suspended) left an annotation ()

Oysterman

I refer to your email of 20 May 2013. My colleague, Margaret Keyse, has asked me to respond to this.

As you will be aware, if you wish to challenge any of the findings in Decision 089 on a point of law, you still have the right to appeal to the Court of Session. Your appeal rights have been explained to you. Given that these rights are still "live", I hope you will understand that I am limited in what I can say about the substance of the Commissioner's conclusions in this case.

Regarding the way in which the decision is written, I hope the following will go at least some way towards addressing your concerns:

By "the respondent", I presume you mean Scottish Borders Council. I acknowledge that the Council holds your name. It knows that the decision relates to you in any case, because its copy of the decision has your name on it. We need to do this to ensure that the decision is enforceable. However, the published version of the decision does not identify you.

The reference to your "particular circumstances" was intended to refer to your autism. The Commissioner has no special qualifications in this area, but has been made aware of your condition (by you). She must consider how this could impinge on the Council's duties under FOISA - clearly, it has the potential to raise communications issues. As the decision acknowledges, your communications with the Council have been reasonably clear. However, the Commissioner believes it is important to ensure that the Council bears your condition in mind in making every reasonable effort to communicate clearly with you. This has been taken up with the Council, with a view to ensuring compliance with the Equality Act rather than discrimination against you on grounds of disability.

Lastly, the decision does not accept your arguments in relation to every point you make in your application. However, I do not believe this has been done in a way which suggests that you are anything other than an appropriate or legitimate applicant.

I hope this is of some assistance.

Euan McCulloch
Deputy Head of Enforcement

Freedom of Information, Scottish Borders Council

Dear Oysterman

Further to your request for information under the Freedom of Information
(Scotland) Act 2002 relating to the above I am now able to respond.

 

I can confirm that you have already been provided with all the information
the Council holds in relation to CAB being awarded the contract.  As this
is a repeat request it is therefore exempt under Section 14 of FOISA as
this is a repeat request.

 

I hope you are happy with the information provided but have to advise that
you have a right to request a review within 40 working days of receipt of
this email.  You should either e-mail [1][Scottish Borders Council request email] or write
to the Data Compliance Officer, Scottish Borders Council, Council HQ,
Newtown St.Boswells TD6 0SA.

 

If after the Council’s FOI Advice Group have considered your review and
you are still not happy with the decision you then have a right to appeal
to the Office of the Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St.Andrews, fife KY16 9DS.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Tel: 01835 826516
e-mail: [email address]

 

"**********************************************************************
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Dear Scottish Borders Council,

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

I am writing to request an internal review of Scottish Borders Council's handling of my FOI request 'Central Borders Citizens Advice Bureau'.

To confirm, all SBCAB's submissions have been disclosed ?

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

Yours faithfully,

Oysterman

Freedom of Information, Scottish Borders Council

1 Attachment

Dear Oysterman

I am not sure if you had been sent the attached but apologies if you had not already received it. This now concludes all the relevant documentation relating to your request.

Can you confirm that you do not now wish to proceed with the internal review.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [Scottish Borders Council request email]
 

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 24 June 2013 17:19
To: Freedom of Information
Subject: Internal review of Freedom of Information request - Central Borders Citizens Advice Bureau

Dear Scottish Borders Council,

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

I am writing to request an internal review of Scottish Borders Council's handling of my FOI request 'Central Borders Citizens Advice Bureau'.

To confirm, all SBCAB's submissions have been disclosed ?

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

Yours faithfully,

Oysterman

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

"**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002 . **********************************************************************"

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Dear Freedom of Information,

Thank you for the information. As part of operation oyster and an ex-trainee at this very charity there are a specific set of questions about SBC and CBCAB I would like to ask under the constituent/councillor relationship. This will elucidate certain points of alleged fact for the public interest and draw a close to any other points that may prove fallacious. Therefore, I would proceed with these questions to council via a private root and post the responses hear in due course, as there are issues with this FOISR being tracked and interfered with in an ultra vireos manner something which the site are aware of and i myself have taken legal advice on as it may be further attempts to enforce censorship and the suppression of the civil right to protest/public criticism. Therefore, I will close this FOISR and deem it successful.

Freedom of Information, Scottish Borders Council

Thank you.

-----Original Message-----
From: Oysterman [mailto:[FOI #128663 email]]
Sent: 25 June 2013 10:30
To: Freedom of Information
Subject: RE: Internal review of Freedom of Information request - Central Borders Citizens Advice Bureau

Dear Freedom of Information,

Thank you for the information. As part of operation oyster and an ex-trainee at this very charity there are a specific set of questions about SBC and CBCAB I would like to ask under the constituent/councillor relationship. This will elucidate certain points of alleged fact for the public interest and draw a close to any other points that may prove fallacious. Therefore, I would proceed with these questions to council via a private root and post the responses hear in due course, as there are issues with this FOISR being tracked and interfered with in an ultra vireos manner something which the site are aware of and i myself have taken legal advice on as it may be further attempts to enforce censorship and the suppression of the civil right to protest/public criticism. Therefore, I will close this FOISR and deem it successful.

-----Original Message-----

Dear Oysterman

I am not sure if you had been sent the attached but apologies if you had not already received it. This now concludes all the relevant documentation relating to your request.

Can you confirm that you do not now wish to proceed with the internal review.

Yours sincerely

Doreen Broom
Data Compliance Officer
Scottish Borders Council
Resources Department - BTS
Tel: 01835 826516
e-mail: [Scottish Borders Council request email]
 

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #128663 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://www.whatdotheyknow.com/help/offi...

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

"**********************************************************************
This email and any files transmitted with it are privileged, confidential and subject to copyright. Any unauthorised use or disclosure of any part of this email is prohibited. If you are not the intended recipient please inform the sender immediately; you should then delete the email and remove any copies from your system.
The views or opinions expressed in this communication may not necessarily be those of Scottish Borders Council.
Please be advised that Scottish Borders Council's incoming and outgoing email is subject to regular monitoring and any email may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002 . **********************************************************************"

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Oysterman (Account suspended) left an annotation ()

Cllr Ballentyne has been invited to answer questions about the councils role per regards the charity concerned via the writer other sister service. As of yet the councillor has failed to respond. The councillor has been sent a cordial reminder.

Oysterman (Account suspended) left an annotation ()

Via the WriteToThem sister service*

Oysterman (Account suspended) left an annotation ()

Two arrests made. Breach of the peace x 1 Assault x 2. Trial set.

Due to circumstances this case is exempt in perpetuity from public disclosure and will remain confidential.

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

Oysterman (Account suspended) left an annotation ()

Transphobic aggrevator found/ Anti-dsiability aggrevator found. Class: Hate crime.

Oysterman (Account suspended) left an annotation ()

On advice from the LGBT and my own solicitors I can confim two hate incidents have been reported to police scotland. Incident one & two occured by Centeral Borders CAB staff against Oysterman when they vulnteered there in 2011. Incident one carries a transphobic agrevator the other an anti-disability aggrevator.

Oysterman (Account suspended) left an annotation ()

Info replicated else were on the internet.

Oysterman (Account suspended) left an annotation ()

Why you should be V E R Y suspicious of a CAB that has any form of government "donation" present.

http://m.youtube.com/watch?v=UdyQd6Xks7A

Transexual volunteers like myself or others dying of HIV are not good for business and investors.

Even this CAB, other CABs, the police, the government(s) of britian and you won't escape the darkness that's comming next. One takes the devils assistance and he comes to collect his due.

We are all in it togther.

" For money is the root of all kinds of evil and has brought those whom have favoured it over the faith many misieries indeed. " - 1Timothey 6:10

Oysterman (Account suspended) left an annotation ()

Upon legal advice from a solicitor and with advice given by the LGBT & EHRC one member of Scottish Borders Social Services has been reffered upon complaint to The Social Service Council Of Scotland.

Oysterman (Account suspended) left an annotation ()

When you stand up to LGBTphobia the perpetrators fain stalking/harrasment.

Stand up to hatred anyway.

http://m.youtube.com/watch?v=Q0WiQaxjsbQ...

Oysterman (Account suspended) left an annotation ()

TO: Police Scotland.

You know, if I wanted to, I am perfectly at liberty to have a full scale organised protest against hate and discrimination against any citizens advice Bureau in Scotland.

Now I acknowledge that officers at the top of the tree and the PF may have just spat out there coffee all over there publicly paid for desk and hurried to the penal code dictations to find any reason they can find to stifle such protests, but peaceful lawful protest is a human right and such attitudes against it are the kind
to have oppressed and intimidated victims of abuse to keep silent.

That's why I'm going to say it again I OYSTERMAN have a human right to peacefully, lawfully and cordially protest outside any citizens advice beaure (other honest CABS gave me that advice btw) Hears the best part about there advice the human rights act 1998 and EU/UN law states that the POLICE are going to encourage, help and promote
my right to peacefully protest outside a citizens advice centre against discrimination, in fact, if obstructed - intimidated or harmed directly or indirectly by the police, copfs, social services or cab for lawfully, peacefully excersising my human right to protest outside a CAB by the police then the other cabs advised I instruct my solicitors to sue the police or copfs or the social service or the CAB. Again if a member of the police, social service, COPFS, or CAB lays one fingure on me unlawfully or interfears in my health and wellbeing unlawfully then I should maybe think of instructing my solicitors to formally charge that person for a hate crime said the advisor in producible writing.

Apparently we are all under the same law and have the same rights no matter if we are an organisation or a private person.

Police Scotland is not like old Germany, Italy or Russia, the SDS at the MET or G Division. We should not be in the business of locking up, referring, outing, intimidating victims of hate or working to target citizens for attempting to conduct peacefully lawful protests against such hate, doing so is very silly and lands hateful people in trouble with the law very quickly."

Dear Freedom of Information,

Good morning SBC.

Please take note of the following:

I report to the council that a number of transphobic incidents against me and other LGBT persons in the borders have occured over along period of time and some have been perpatraited by members of central borders CAB, Borders independent advocacy service, the borders aspergers and autism group support including government officals, we have tracked, traced privately investigated and now have cases against all involved including Police and Social Services members. As you may have came to know my self and the LGBT won our case, scotlands first against borders authorities by proving to the SPSO that police conduct induced upon them by these third sector diagraces caused a transphobic miscarriage of justice at the scottish childrens reporter administeation in the case of Ms C (thats myself) V SCRA. My father collapsed today, struggling to breath and the ambulance crew who attended my dad confirmed it was the stress of having to legally fight transphobia peroatraited by these charities, including the subsequent transphobic hate crimes committed towards me. My solicitor takes note of this and is now instructed to hold Police Scotland, Scottish Borders Social Services or any other organisation who do not respect my wishes or who attempt to prop up police or border 3sctor ‘welfare concerns’ liable for any emotional, mental, or human rights injury incurred.

This ‘welfare’ concern form is nothing but transphobic targeting, outing and oppression through the back door, from people with a past history in positions over vulnerable people. I call upon this council to destroy or void the document in the intrests of peace and equality and to reconsider its contract/funding of the charities named in due course in this abuse scandal ".

I leave the council with the following.

" PIRC action should NOT be dropped one iota police handling of this case needs to be independently and thoughorly investigated. I note the assessment of the Ambulance Service of Scotland who state that stress of legal issues arising from Police Scotland's discrimination have triggered this shocking development. " - Solicitor.

" Make sure your father is your first priority I shall take this case to parliament after legal action has finished. " - An MSP

" I am sorry to hear about your father who has supported you so much in this, since it started in the CAB " - A Jewish organisation.

" Take this all the way, have an independent investigation and the document destroyed" - A National Autism Rights Group.

" We will advise in this case in the public interest if you wish, this is a disturbing trend towards the rights of the LGBT to express themselfs and effects all our rights against abuse and to protest, complain and impart information freely. It is the sign of a police state gone to far " - A national human rights organisation.

" Both officers responsible for this form are disgraceful, there cards are marked. " - Private security firm.

" Keep us updated, we will run your story. " - UK Media outlet.

" The CAB were not started for this. Don't protest, take this case to parliament, a lot of people must be held accountable for this. " - Catholic Church.

" Transgender people are one of the most persecuted groups in Scotland. PIRC will give the police cover and rail road you but your doing good. Keep going, speak out. " - Noted human rights activist.

" Police Scotland are infiltrated by gangs, targeting minorities, violating data rights, dumbing down victims, and keeping convicts. This new livithon of the SNPs, has a tinny rattle that's getting louder and louder. Your case does not surprise me at all. I can't comment on your case publicly but trans officers are getting a raw deal also, this sort of cryto hatred is a big problem. " - Transgender police officer.

" CAB is anti-LGBT, this has been known this X v Mid Sussex CAB, let's out them, name and shame there disgusting abuse of the public trust. " - Private Source.

(All information summrized and paraphrased to protect identities)

Under the freedom of information Scotland act 2002 I request the following information:

A) details of which council procedure a victimised trans minority member in the borders can access to report abuse or discrimination to the council they have/will feel when using the services of central borders CAB, Borders Independent Advocacy Service and Borders Aspergers and Autism Group Support.

Charity abuse is disgusting and should have died when Jimmy Savil did. I forgot we mock trans people, target them, list them on welfair forms while we build effegies of the creep during the common ridings and give people like him a job in the 3rd sector, police and social work.

Information exchanges never really go away,

Oysterman

Oysterman (Account suspended) left an annotation ()

Name and address supplied.

Oysterman (Account suspended) left an annotation ()

If your transgender and facing social or legal abuse, dont be afraid. Your not ill, your not bad, your Gods child:

http://www.youtube.com/watch?v=VJOhjLXJmaY

Oysterman (Account suspended) left an annotation ()

HM Human Rights Commission Intervein in CAB abuse:

http://www.equalityhumanrights.com/news/...

Oysterman (Account suspended) left an annotation ()

One of my attackers had the courage and humanity in them to apologise to me, in return I requested that all charges be dropped against them and as far as I know and hope the charges were dropped. If an anonymous and fully ment typed up apology is sent to my family and me from any person from any of the three charities below, even if the sender or charity does not identify themselfs then I will drop all campaining, complaints and litigation against those charities in return and will not persue those charities. The reception of such an apology will be kept in secret.

That is a common law agreement on my honour and in the mame of our soverign King Jesus Christ which I bind myself to.

A- Borders Autism & Support Group.

B - Borders Independent Advocacy Service.

C -Central Borders Citizens Advice Beaura.

If no such apology is received by 12:00pm 15/06/2014 then all three charities including the individuals responsible will be brought to justice as the law of Scotland, that knows no forgiveness, permits and requires.

That is my final attempt to bring peace to this matter.

Oysterman (Account suspended) left an annotation ()

CAB & Police censorship and anti-protest tactics on LGBT activist reminds me of this.

http://www.youtube.com/watch?v=umPVL4XuJoQ

Dear Freedom of Information,

http://www.youtube.com/watch?v=rtJ_zbz1NyY

In memory of the great war.

Yours sincerely,

Oysterman

Oysterman (Account suspended) left an annotation ()

From: Scottish Transgender Alliance.
Sent: 14 May 2012 12:26
To: ****************** **********
Subject: Re: Abuse at CAB

Dear (Oysterman)

My name is ********* and I work at Scottish Transgender Alliance. ******* who you e-mailed at the Equality Network forwarded me your e-mail for me to get in touch with you. It sounds as if you have experienced discrimination at CAB. Are you an employee or volunteer there? Also I was a bit unclear from your e-mail if they’d asked you not to go back as well as making inappropriate comments? The best place for you to get advice on how to take a complaint forward is the Scottish Helpline of the Equality and Human Rights Commission – their number is 0845 604 5510.

Best wishes,

******** *********

Project Development Worker

Scottish Transgender Alliance

Oysterman (Account suspended) left an annotation ()

If any person contacts the site stating they are jewish and wish there name taken off please take it off you have my backing that's how serious I am about protecting the jewish people.