Closure of Stratford-upon-Avon Canal Lock 20

Waiting for an internal review by Canal & River Trust of their handling of this request.

Dear Canal & River Trust,

I have previously asked, on an informal basis, for information relating to your closure of Stratford-upon-Avon Canal Lock 20 but have received no response other than "we will get back to you".

I am now asking formally that you provide any recorded information you hold related to the following questions:-

1. Why did CaRT close lock 20 to navigation some months ago?
2. Why has a stoppage notice not been issued?
3. When will the closure be lifted?
4. Why was lock 20's problem not dealt with as part of the North Stratford pre-Christmas winter works programme?

Yours faithfully,

Jessica Willams

Melissa Ashdown-Hoff, Canal & River Trust

Dear Jessica Williams,

Thank you for contacting the Canal & River Trust with your request for information. We have received your request and you will receive a response within 20 working days.

Many Thanks

Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

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J. Willams left an annotation ()

The Canal & River Trust have not replied within 20 working days. I have contacted the Information Commissioners Office.

Melissa Ashdown-Hoff, Canal & River Trust

Dear Jessica,

 

Thank you for contacting The Canal & River Trust. May I apologise for the
delay in responding to your request for information.

 

You requested the following information:

 

 1. Why did CaRT close lock 20 to navigation some months ago?

 

It was closed around mid-October 2018 due to a failed paddle, which
rendered the lock inoperable.

 

 2. Why has a stoppage notice not been issued?

 

There is an alternative route right next to the lock, the local team made
a decision not to put anything on our website. Given the relatively low
number of enquiries around the lack of a web notice the local team now
realise it would have been much better had they put a notice on the
website.

 

 3. When will the closure be lifted?

 

Our Reactive team repaired the lock on the 22^nd / 23^rd of January and
the lock was reopened on the 23^rd of January.

 

 4. Why was lock 20's problem not dealt with as part of the North
Stratford pre-Christmas winter works programme?

 

The Direct Service team were carrying out major works on another site  and
once those works are completed  have to move directly to another project.
The Region has its own Reactive Team to complete  breakdown repairs and it
was this team which repaired the failed paddle.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of this email and should be sent
by email to [email address] or by post to
Information Officer, Legal Department, Canal & River Trust, Canal & River
Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB. Please remember to
quote the reference number above in any future communications. You are
also able to contact the Information Commissioner by telephoning 0303 123
1113 although please note they would usually expect you to have gone
through our internal review procedure before contacting them.

 

Many thanks

 

 

Melissa Ashdown-Hoff

Information Officer – Legal and Governance Services

T 0113 284 5239; M 07484913020

E [1][email address]

W [2]canalrivertrust.org.uk

Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

 

 

 

 

 

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Dear Canal & River Trust

I refer you to the letter of 9 March 2019 from the Information Commissioner which says -

You should state whether or not the information is held in a recorded form. If it is held, you should either provide the information or issue a refusal notice in accordance with the requirements of section 17 of the FOIA or regulation 14 of the Environmental Information Regulations (EIR) as appropriate.

Your response earlier today does not appear to comply with this.

I look forward to more appropriate response within the timescale set by the Information Commissioner.

Yours faithfully,

Jessica Willams

Dear Canal & River Trust,

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

Following advice from the Information Commissioner, I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Closure of Stratford-upon-Avon Canal Lock 20'.

My concern is that part of the information you have disclosed is not information held. In particular the dates given for closure and reopening are not in accord with my own observations. I would add that it is highly unlikely that the information recorded on your computer system would give a date of "around mid-October 2018" rather than a specific date.

I would, therefore, ask the reviewer to provide the computer records (or other recorded information) associated with each of the four parts of my request.

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,

J. Williams

Melissa Ashdown-Hoff, Canal & River Trust

Dear J. Williams,

Thank you for contacting the Canal & River Trust.

I understand that you are dissatisfied with our original response to your request for information and would like us to specifically check what the Trusts data systems record as the date that the lock in question was closed.

I will forward this on to the officer who conducts our Internal Reviews and you will receive a response form him within 20 working days.

Many Thanks

Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

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Dear Canal & River Trust

You appear to have misread my request for review to apply to the just the first part of the request.

I said "I would, therefore, ask the reviewer to provide the computer records (or other recorded information) associated with each of the four parts of my request".

Not sure how to make what I am asking for any clearer.

For example, I understand that you grade your locks being in condition A through E and if a lock is non-operational it is graded as being in condition E until it is fixed. I would, therefore expect to see those records. I also assume you have records on your computer that show when the fault that caused closure was logged and when the work to fix it was carried out.

Yours sincerely,

J. Willams

J. Willams left an annotation ()

I have made the following complaint to the Information Commissioners Office -
Dear Sirs

I want to complain about a Freedom of Information request I made to Canal & River Trust using the Whatdotheyknow.com website on 31 January 2019.

The request history can be found at -

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

with further information under FS50826080.

I now wish to complain that having told on 21 March -

I will forward this on to the officer who conducts our Internal Reviews and you will receive a response form him within 20 working days.
- I have not received any response.

J. Williams

J. Willams left an annotation ()

Further to my annotation of 8th May, the following is a copy of a letter from the Information Commissioner to Canal & River Trust:

13 May 2019
 
Case Reference Number FS50826080
 
Dear Sir/Madam

Freedom of Information Act 2000 (FOIA)
Complaint from Ms Jessica Williams

The Information Commissioner has received a complaint from Ms Williams stating that she has not received a decision regarding the internal review she submitted to your organisation via the WhatDoTheyKnow website on 18 March 2019. You responded to Ms Williams on 21 March 2019 confirming receipt of her internal review request.
 
I am providing the WhatDoTheyKnow link which details the correspondence to date.
 
https://www.whatdotheyknow.com/request/c...
 
Guidance
 
The Information Commissioner’s Guide to Freedom of Information; http://ico.org.uk/for_organisations/free... explains your obligations under the FOIA, answers many frequently asked questions and gives practical examples to illustrate how to apply the FOIA in practice.

The Commissioner has issued guidance regarding the time limits on carrying out internal reviews. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review, and in no case should the total time taken exceed 40 working days.
 
Enforcement
 
The Commissioner wants to ensure that a complainant has exhausted a public authority’s internal review procedure, but at the same time the complainant should not be unreasonably delayed in having their complaint considered under section 50.
 
Internal reviews are referred to in the section 45 Code of Practice and significant or repeated unreasonable delays in dealing with internal reviews will be monitored by the Enforcement team. In some instances regulatory action may be necessary.

More details about the Commissioner’s FOI Regulatory Action Policy are available on our website using the following links:
https://ico.org.uk/media/about-the-ico/d...
 
Actions
 
If it is the case that you have not issued an internal review decision to Ms Williams we recommend that you do so as soon as is practicable and within 20 working days from the date of receipt of this email.

If you have, in fact, already responded to Ms Williams, and believe that your response should already have been received we would recommend you contact her to confirm receipt if you have not already done so. 
 
If you need to contact us about this complaint I can be contacted on the telephone number below or our Helpline on 0303 123 1113. Please quote the case reference number at the top of this email.
 
Yours sincerely,
 

Michelle Armitt
Lead Case Officer
The Information Commissioner’s Office
Direct dial number: 0330 414 6649
 
For information about what we do with personal data see our Privacy Notice

Melissa Ashdown-Hoff, Canal & River Trust

3 Attachments

Dear J Williams,

Please find attached to this email the internal review into your request for information conducted by Mr Deards. May I apologise for the delay in responding.

Many Thanks

Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

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Dear Mr Deards

I refer to your letter of 23 May.

In carrying out your review you correctly state my concern and what I have asked you to do.
*******
My concern is that part of the information you have disclosed is not information held. In particular the dates
given for closure and reopening are not in accord with my own observations. I would add that it is highly
unlikely that the information recorded on your computer system would give a date of "around mid‐October
2018" rather than a specific date.

I would, therefore, ask the reviewer to provide the computer records (or other recorded information)
associated with each of the four parts of my request.
******
However, your response fails to provide the computer records (or other recorded information) associated with with each of the four parts of my request.

To give an example using the first part of my request. I asked:

Why did CaRT close lock 20 to navigation some months ago?

You responded:

It was closed around mid-October 2018 due to a failed paddle, which rendered the lock inoperable.

I am therefore expecting you to provide me with the computer records or other recorded information that shows the date when that lock was closed and the defect which caused that caused the closure.

Alternatively, I would expect you to state that you do not hold the information relating to that part of my request.

You need to do this for each of the four parts of my request.

Yours sincerely,

J. Williams

Melissa Ashdown-Hoff, Canal & River Trust

Dear J Williams,

I have forwarded your email to Mr Deards and we will respond as soon as possible.

Many Thanks

Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB

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Dear Canal & River Trust,

I am still awaiting a response to my email of 24 May 2019.

Yours faithfully,

J. Williams