Coffey documents concerning Old Roar Gill landslip

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

References

Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk

Dear Mr Hurrell
 
I refer to your recent Freedom of Information request ref: FOIR-647971893.
 
Please find attached our response.
 
 
 
Yours sincerely
 
Lisa Greathead
Information Governance and Democratic Services Officer
Hastings Borough Council
Muriel Matters House
Breeds Place
Hastings
TN34 3UY
01424 451722
 
[1][IMG]
 
 
 

References

Visible links
1. file:///tmp/my.hastings.gov.uk

Thank you for your Freedom of Information request.
 
We aim to respond to requests for information within 20 working days, in
accordance with the requirements of the Freedom of Information Act. 
 
If your request is for personal information (Subject Access request) your
request will be dealt with according to the requirements of the General
Data Protection Regulation (GDPR) and the timescale for response may be
extended to 40 days.
 
You can find out more information about [1]Freedom of Information as well
as all of the services the council provides on [2]our website.
 
Information Officer
Hastings Borough Council
01424 451066
[3]www.hastings.gov.uk
 
 
 
 
 
 
 
 
 

References

Visible links
1. https://www.hastings.gov.uk/my_council/f...
2. https://www.hastings.gov.uk/
3. file:///tmp/www.hastings.gov.uk

Dear Mr Hurrell
 
I refer to your email dated 20 October 2024 requesting an Internal Review
following our response to a recent Freedom of Information request ref:
FOIR-647971893. Subject: Coffey documents concerning Old Roar Gill
landslip
 
I have been asked, as a senior officer of the council who has not been
involved in your case to look into how we handled your request.
 
Hastings Borough Council received the following request on 18 September
2024
 
The reports pack for the EGM states in paragraph 14
[1]https://linkprotect.cudasvc.com/url?a=ht...
 
"This option represents a comprehensive approach to assessing the
landslide issue at Old Roar Gill, following the recommendations provided
in the Diales Technical Note and later referenced by Coffeys. The primary
objective is to conduct a full suite of investigations and design an
appropriate remedial strategy for the council-owned land that
comprehensively addresses the landslide risk and stability for the
affected part of the slope.  "
 
The reports pack does not include any documents produced by Coffey that
reference the Diales report. Coffey have been engaged by HBC as
geotechnical consultants on the Old Roar Gill landslip.
 
Please provide under EIR all documents (in any form including emails,
images, documents etc) produced by Coffey concerning the Old Roar Gill
Landslip.
 
Hastings Borough Council responded on the 15 October 2024
 
NOTICE OF REFUSAL
 
Under Environmental Information Regulations the information requested in
respect of documents produced by Coffey concerning the Old Roar Gill
Landslip to be exempt under Section 12(5)(e) ‘Confidentiality of
commercial or industrial information where such confidentiality is
provided by law to protect a legitimate economic interest’
 
We have considered the following:
 
Is the information commercial or industrial.
 
Is the information subject to confidentiality provided by law.
 
Is the confidentiality protecting a legitimate economic interest.
 
Would disclosure adversely affect the confidentiality Section 12(5)(e) is
subject to a public interest test. This means that a public authority can
refuse to disclose information
under these exceptions if in all the circumstances of the case the public
interest in maintaining the exception outweighs the public interest in
disclosing the information.
Factors for disclosure:
 

• Transparency and accountability

 
Factors against disclosure:
 

• Maintaining commercial confidences
• The requested information is being discussed at an Extraordinary Full
Council meeting in Part 2 which is confidential (restricted) and not
open to members of the public.
• The requested information has not been shared with the affected
residents, therefore, unfair to release into the public domain.
• The information contains highly sensitive, commercial and confidential
information.
•  

In all circumstances of the case the public interest in maintaining the
exemption outweighs the public interest in disclosure.
 
In addition to the above exception Hastings Borough Council are also
relying on Exception 12(5)(f) – ‘Interest of the person who provided the
information to the public authority’.
 
NOTICE OF REFUSAL – Exception 12(5)(f)
 
The information you have requested also falls under Exception 12(5)(f) –
‘Interest of the person who provided the information to the public
authority’.
 
Exception 12(5)(f) is subject to what is known as a public interest test.
 
Factors for disclosure:
 

• Transparency and accountability

 
Factors against disclosure:
 

• The person providing the information has not consented to disclosure.
• The person providing the information was not under any legal duty to
provide it.
• The public authority is not entitled to disclose the information
provided, we must show a degree of trust and confidence that the
information given to us would damage that trust if released.
• The release of this information will adversely affect the Council’s
position and legal proceedings.
•  

The public interest in maintaining the exception outweighs the public
interest in disclosing the information.
 
You requested an internal review on the 20 October 2024
 
The request has been refused in its totality. This is a blanket refusal of
all information held within the document(s). It is extremely unlikely that
all the information held in the document(s) is subject to exception
reasons 12(5)(e) and 12(5)(f). HBC have not considered releasing a
redacted version of the document(s).
 
The public interest test has not been considered at all. The public
interest in releasing the information has not been weighed against the
claimed protection of unspecified economic interests and the unspecified
interests of the person who provided the information to the public
authority.
 
The refusal seem to be boiler plate text that HBC is using to justify none
release of all information on a generic blanket basis. It is generic and
does not consider the issue or the document(s) under consideration.
 
HBC have refused under:
 
A) 12(5)(e) - Confidentiality of commercial or industrial information
where such confidentiality is provided by law to protect a legitimate
economic interest
 
HBC have not defined what economic interest(s) are being protected. What
and whose interests are being protected?
 
The fact that the residents have not been provided the information is not
a consideration. It does not justify the none release of the document(s).
Residents should have been supplied copies of the information.
 
HBC use the fact that the information is to be discussed in secret at full
council to justify non release. This should not be a consideration under
EIR. This is a circular argument to justify none release. The secret
council meeting has now been concluded and a decision made based upon the
refused document(s). The refusal reason no longer applies.
 
B) 12(5)(f) – Interest of the person who provided the information to the
public authority.
 
What interests and whose interests are being protected? HBC have not
defined what person supplied the information. The Coffey report is based
upon the Dialles report which is in the public domain.
 
HBC claim that the provider is not under a legal obligation to provide
such information. The provider of such information cannot be HBC’s
insurers Zurich as they would be obliged to release information to their
client HBC.
 
It has not been demonstrated how release of such information would harm
HBC’s position and legal proceedings as claimed.
 
The Coffey documents were commissioned by HBC. Is there additional
information provided by unknown third parties? Which third parties have
supplied this information?
 
A full history of my EIR request and all correspondence is available on
the Internet at this address:
[2]https://linkprotect.cudasvc.com/url?a=ht......
 
Review
 
I have now had the opportunity to review your request and can advise as
follows:
 
Information produced by Coffey has been provided to Hastings Borough
Council as ‘Commercial in Confidence’ therefore, the reason for non-
disclosure under Exception 12(5)(e) ‘Confidentiality of commercial or
industrial information where such confidentiality is provided by law to
protect a legitimate economic interest’ is correct.
 
The document that is referred to at the Extraordinary Council meeting is a
proposal for investigation with costings which was produced for senior
managers and councillors to discuss in private under Part 2 of the
Extraordinary Council meeting, this is ‘exempt’ information as defined in
the paragraphs of Schedule 12A to the Local Government Act 1972. 
 
I can confirm this document has now been shared with affected residents
and may be placed, once finalised, in the public domain at a later date.
 
At present Hastings Borough Council has a duty to protect the information
held until such time it can be released.  I also agree that Exception
12(5)(f) – ‘Interest of the person who provided the information to the
public authority’ is correct.
 
The cause of the landslide is yet to be determined and investigations
remain ongoing.  Until a conclusion of the cause has been identified,
Hastings Borough Council must reserve its right to take legal proceedings.
 
If you remain dissatisfied then you may complain to the Information
Commissioners Office (ICO) who will decide whether the Council has handled
your request correctly.
 
Information Commissioners Office
Wycliffe House
Wilmslow
Cheshire
SK9 5AF
 
Tel: 08456 30 60 60
[3]www.ico.org.uk 
 
Yours sincerely
 
 
Katrina Silverson AEA (Cert.)
Electoral Services Manager
 
 
[4][IMG]
 
 
 

References

Visible links
1. https://linkprotect.cudasvc.com/url?a=ht...
2. https://linkprotect.cudasvc.com/url?a=ht...
3. http://www.ico.org.uk/
4. file:///tmp/my.hastings.gov.uk