Christmas gatherings at 10 Downing Street Nov, Dec 2020
Dear Cabinet Office,
Please kindly provide the dates and times of all Christmas gatherings at 10 Downing Street during the months of November and December of 2020.
Yours faithfully,
Amanda Hart
for Stop UK lies and Corruption.
Our ref: FOI2021/23265
Dear Amanda Hart,
Thank you for your request for information which was received on 8th
December. Your request is being handled under the terms of the Freedom of
Information Act 2000 ('the Act').
The Act requires that a response must be given promptly, and in any event
within 20 working days. We will therefore aim to reply at the latest by
11th January.
Please remember to quote the reference number above in any future
communications.
Yours sincerely,
Freedom of Information Team
Cabinet Office
Dear Amanda Hart,
Please find attached our response to your recent Freedom of Information
request (reference FOI2021/23265).
Yours sincerely,
Freedom of Information Team
Cabinet Office
Dear Cabinet Office,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Cabinet Office's handling of my FOI request 'Christmas gatherings at 10 Downing Street Nov, Dec 2020'.
Your response relies on S22. ICO guidance on section 22 states:
For the exemption in section 22 to apply, the public authority must, at the time of the request, hold the information and intend that it or ‘any other person’ will publish it in future. This means that it must have a settled expectation that the information will be published at some future date.
The intention to publish must pre-date the request. This means that a public authority cannot, when it receives a request, attempt to give itself more time to provide the information by deciding to publish it in the future rather than provide it within the statutory time limit for answering a request.
The terms of reference are dated 9th December, our request was made on the 8th December. So the intention to publish did not pre-date our request. Your reliance on section 22 is therefore invalid and we still require the information as requested.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
Yours faithfully,
Amanda Hart
for Stop UK lies and Corruption.
Dear Amanda Hart,
Thank you for your request for an internal review (reference
IR2022/00458), which was prompted by our response to your request for
information under the Freedom of Information Act 2000.
We shall endeavour to complete the internal review and respond to you
within 20 working days.
Please remember to quote the reference number above in any future
communications.
Yours sincerely,
FOI Team
Amanda Hart left an annotation ()
Informed ICO that the Cabinet Office have failed to respond by ICO's specified date.
Amanda Hart left an annotation ()
Received email and letter from ICO suggesting this matter should be resolved based on communications not actually received to us.
Amanda Hart left an annotation ()
Certainly Nigel.
20230109 11:31 From ICO to A Hart
Preliminary conclusion (some names removed)
https://d.pr/f/TXmCQX
20230109 20:56 From A Hart to ICO
Our response (with some names removed)
https://d.pr/f/fome8S
20230110 10:03 From ICO to A Hart
ICO sent us an email with a copy of the missing internal review. Here is the missing internal review with staff names removed. https://d.pr/f/LAyTAu
20230110 15:27 From A Hart to ICO
This is a PDF copy of the text from our response with ICO staff names removed. https://d.pr/f/e0QOvM
Dear Ms Hart,
On 22 April 2022, the Cabinet Office sent the email below to you attaching
its response to you in the matter of Internal Review IR2022/00458.
For the sake of certainty, we have re-attached that response in this email
being sent to you now.
The Information Commissioner's Office are copied into this email for the
benefit of their information.
Kind regards,
FOI Team,
Cabinet Office
Amanda Hart left an annotation ()
We informed the ICO that the matters discussed in the points (in our previous annotation) remain outstanding.
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Nigel Jones left an annotation ()
ICO guidance on section 22 states:
For the exemption in section 22 to apply, the public authority
must, at the time of the request, hold the information and
intend that it or ‘any other person’ will publish it in future. This
means that it must have a settled expectation that the
information will be published at some future date.
The intention to publish must pre-date the request. This means
that a public authority cannot, when it receives a request,
attempt to give itself more time to provide the information by
deciding to publish it in the future rather than provide it within
the statutory time limit for answering a request.
The terms of reference are dated 9th December, your request was made on the 8th December. So the intention to publish did not pre-date your request. Their reliance on section 22 is invalid. Ask for a review.