Communication between Mayors Office & Monitoring Officer
Dear Bristol City Council,
In a Radio interview broadcast today 4th May 2022 the Mayor Marvin Rees states that
"I know a letter has been written out, Mary to the Scrap the Mayor Campaign for misleading information from the Monitoring Officer"
I would like to see all communications including whatsapp messages and emails between the Mayors Office and the Monitoring Officer in reference to the letter the Mayor refers to.
By Mayors Office I mean any member of staff including Kevin Slocombe & Marvin Rees.
Yours faithfully,
Master Booth
Dear Master Booth
Freedom of Information Act 2000
Thank you for your request for information that was received on 5 May
2022.
We are dealing with your request and we aim to send a response within 20
working days from the date we received your request.
For further information regarding FOI requests, please visit
[1]https://ico.org.uk/your-data-matters/off...
If you have any further queries about your request please contact
[2][email address].
Yours sincerely
Customer Relations Team
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Bristol City Council
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Dear Master Booth,
I am writing with reference to your recent information request. Before we
consider your request further, please supply a valid form of
identification. This may be a birth certificate, driving licence,
passport, or any other form of government-issued ID. Please note, once we
have received and verified your identification document it will be
securely deleted from our systems.
I recognise that in most cases requesting identification in relation to a
Freedom of Information Act request is unnecessary. However, there are
circumstances in which it is necessary for us to do so, for example when
we're aggregating the cost of requests or considering refusing a request
as vexatious or repeated. Please note, no decision has been made that your
request is vexatious or repeated, but we are asking for identification as
a reasonable step to ensure the protection of Bristol City Council's
resources.
Best wishes,
Bristol City Council
Bristol City Council
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Dear Bristol City Council,
Thank you for your response. I do not wish to supply my name and believe it is not required for the council to complete my FOI.
As I note from the Hogan Law Team that was kindly added by Joanna Booth -
I draw your attention to a few paras
"there are very few circumstances where it will genuinely be necessary for a public authority to know the true identity of a person requesting information under FOIA in order to deal properly with that request. It is, therefore, very difficult to see how - these can justify the broad right to refuse a FOIA request on this basis"
"As a general summary, the correct approach in considering requests for information and the application of the exemptions should be on the basis that the application could have been made by anyone, anywhere in the world, for any (nonvexatious) reason)."
So I'm not sure why the council is taking exactly the opposite stance?
In regards to my FOI it was the Mayor Marvin Rees who stated on BBC Radio Bristol that he had seen correspondence relating to a Mayoral Referendum, my request is to establish how he came to see that information.
So it shouldn't take you too long to establish how the Mayor obtained this correspondence. As he stated it came from the office of the Monitoring Officer - Tim O'Gara. The Mayors Chief of Staff Kevin Sloccombe may have passed it on. So already I've narrowed the parameters of my request to these individuals and there is only a short time frame in which this communication could have taken place. So in terms of resourcing this request it should not be too onerous on the council.
Many thanks
Yours sincerely,
Master Booth
Dear Master Booth,
Thank you for your email. Whilst I recognise that there may be multiple
views on how the Freedom of Information Act 2000 (FOIA) is interpreted,
Bristol City Council takes principle instruction from the Act itself, the
s45 Code of Practice, relevant guidance issued by the Information
Commissioner's Office (ICO), and case law established by the First-Tier
Tribunal and the UK Upper Tribunal. In this case, I refer to you the
[1]ICO guidance on recognising a request made under the FOIA , and in
particular the following paragraphs (emphasis added):
1. In our view, the intention of the legislation is for the requester to
provide their real name so their request could be processed in
accordance with the requirements of the FOIA.
1. This is supported by the fact that there are circumstances under the
FOIA where a requester's true identity can be relevant, for example,
where an authority is considering aggregating the cost of requests or
refusing a request as vexatious or repeated.
Bristol City Council does not routinely request identification following
an FOIA request as in the vast majority of cases it is unnecessary to do
so. However, in this instance, and in line with ICO guidance, I must
reiterate our request for identification. In the absence of
identification, Bristol City Council would be forced to consider whether
your request is valid under s8(1)(b) of the Act.
Best wishes,
Bristol City Council
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Dear Bristol City Council,
Thank you for your response. I do not wish to supply my name and believe
it is not required for the council to complete my FOI.
As I note from the Hogan Law Team that was kindly added by Joanna Booth -
I draw your attention to a few paras
"there are very few circumstances where it will genuinely be necessary for
a public authority to know the true identity of a person requesting
information under FOIA in order to deal properly with that request. It is,
therefore, very difficult to see how - these can justify the broad right
to refuse a FOIA request on this basis"
"As a general summary, the correct approach in considering requests for
information and the application of the exemptions should be on the basis
that the application could have been made by anyone, anywhere in the
world, for any (nonvexatious) reason)."
So I'm not sure why the council is taking exactly the opposite stance?
In regards to my FOI it was the Mayor Marvin Rees who stated on BBC Radio
Bristol that he had seen correspondence relating to a Mayoral Referendum,
my request is to establish how he came to see that information.
So it shouldn't take you too long to establish how the Mayor obtained this
correspondence. As he stated it came from the office of the Monitoring
Officer - Tim O'Gara. The Mayors Chief of Staff Kevin Sloccombe may have
passed it on. So already I've narrowed the parameters of my request to
these individuals and there is only a short time frame in which this
communication could have taken place. So in terms of resourcing this
request it should not be too onerous on the council.
Many thanks
Yours sincerely,
Master Booth
Joanna Booth left an annotation ()
The council say: "there are circumstances under the FOIA where a requester's true identity can be relevant, for example, where an authority is considering aggregating the cost of requests or refusing a request as vexatious or repeated."
The council fail to show how that request for ID is relevant here and they have neither claimed that the requester is considering aggregating the cost of request or of making repeated or vexatious requests.
Dear Bristol City Council,
Please inform me under what the relevant circumstances you are requesting my identity?
Are you considering aggregating the cost of my request?
Are you going to refuse my request as vexatious?
Are you going to refuse my request as repeated?
The council has not informed me of the reason merely quoted FOIA guidance almost by way of intimidation, I'm frankly staggered by your responses to what is a simple FOI. As a resident of Bristol and a council tax payer surely I have a right to have my request answered.
Yours sincerely,
Master Booth
Dear Master Booth,
Thank you for your email. As per the ICO guidance, asking for ID is
relevant 'where an authority is considering aggregating the cost of
requests or refusing a request as vexatious or repeated'. In this case I
can confirm that consideration is being given to aggregating the cost of
requests or refusing a request as vexatious or repeated, but I must
reiterate that no decision has been made on any of these points. This is
due to the substantial similarity in various factors between your request
and other requests received by Bristol City Council under different names.
Bristol City Council does not have unlimited resources to respond to FOIA
requests. The Act recognises this fact and places limits on the volume and
nature of requests submitted. In this case, a request for ID is a
reasonable measure taken in order to protect limited council resources.
I will consider your response to this email as your final position on the
matter, and will then consider your request accordingly.
Best wishes,
Bristol City Council
══════════════════════════════════════════════════════════════════════════
Dear Bristol City Council,
Please inform me under what the relevant circumstances you are requesting
my identity?
Are you considering aggregating the cost of my request?
Are you going to refuse my request as vexatious?
Are you going to refuse my request as repeated?
The council has not informed me of the reason merely quoted FOIA guidance
almost by way of intimidation, I'm frankly staggered by your responses to
what is a simple FOI. As a resident of Bristol and a council tax payer
surely I have a right to have my request answered.
Yours sincerely,
Master Booth
Dear Bristol City Council,
Hmm that's a huge leap isn't it - because my name is Booth you believe I'm someone else called Booth, so when I proof my identity you will apologise for this assumption will you?
So let's get on with this how do I prove that I'm not who you think I am?
Yours sincerely,
Master Booth
Dear Master Booth,
Please supply a valid form of identification by e-mail to
[1][Bristol City Council request email], quoting the above case reference.
This may be a birth certificate, driving licence, passport, or any other
form of government-issued ID.
Once we have received and verified your identification document it will be
securely deleted from our systems.
Best wishes,
Bristol City Council
══════════════════════════════════════════════════════════════════════════
Dear Bristol City Council,
Hmm that's a huge leap isn't it - because my name is Booth you believe I'm
someone else called Booth, so when I proof my identity you will apologise
for this assumption will you?
So let's get on with this how do I prove that I'm not who you think I am?
Yours sincerely,
Master Booth
Dear Bristol City Council,
There is no email address showing - I imagine it can't be displayed. I'm surprised you didn't know that.
This is just holding up my request - I wish to confirm that I'm not who you say I am.
So how can I confirm my identity?
Yours sincerely,
Master Booth
Dear Master Booth,
Thank you for your email. The email address which has been redacted is foi
[at] Bristol [dot] gov [dot] uk
Alternatively you may consider contacting the administrators of
WhatDoTheyKnow to ask them to release the email address provided in our
response, as it is not personal data and there is no reason for it to be
withheld.
Best wishes,
Bristol City Council
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Dear Bristol City Council,
There is no email address showing - I imagine it can't be displayed. I'm
surprised you didn't know that.
This is just holding up my request - I wish to confirm that I'm not who
you say I am.
So how can I confirm my identity?
Yours sincerely,
Master Booth
Dear Bristol City Council,
ID sent as requested, please can you now just complete this FOI.
Yours sincerely,
Master Booth
Dear Master Booth
Freedom of Information Act 2000
Thank you for providing identification.
Please see attached information, which the Mayor was advised of by
Councillor Breckels. Various details have been redacted as we are of the
view that s.40(2) of the Freedom of Information Act 2000 is engaged and
they are therefore being withheld as personal data.
Please quote the reference number 26364037 in any future communications.
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 receipt of the response to your
original letter and should be sent to
[1][email address].
If you are still dissatisfied with the Council's response after the
internal review you have a right of appeal to the Information Commissioner
at:
The Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF.
Telephone: 0303 123 1113
Website: [2]www.ico.gov.uk
I will now close your request as of this date.
Yours faithfully
Bristol City Council
NOTE: Please do not edit the subject line when replying to this email.
Bristol City Council
This email contains proprietary confidential information some or all of
which may be legally privileged and/or subject to the provisions of
privacy legislation. It is intended solely for the addressee. If you are
not the intended recipient, an addressing or transmission error has
misdirected this e-mail; you must not use, disclose, copy, print or
disseminate the information contained within this e-mail. Please notify
the author immediately by replying to this email. Any views expressed in
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specifically states these to be the views of Bristol City Council.
This email has been scanned for all viruses and all reasonable precautions
have been taken to ensure that no viruses are present. Bristol City
Council cannot accept responsibility for any loss or damage arising from
the use of this email or attachments.
══════════════════════════════════════════════════════════════════════════
Council services: http://www.bristol.gov.uk/service
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Privacy Notice: https://www.bristol.gov.uk/about-our-web...
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Joanna Booth left an annotation ()
This council has a history of using people's information and identity as reasons to refuse requests so it might be useful to look at this advice by Hogan Lovells.
See https://www.hoganlovells.com/~/media/hog...
"In dealing with a Freedom of Information request there is no provision for the public authority to look at from whom the application has come, the merits of the application or the purpose for which it is to be used."
As a result, it has always been considered that requests can
be made by third parties (including professional advisors)
either explicitly or indirectly on behalf of the 'true applicant'.
Indeed, there are any number of reasons why an applicant
may understandably not wish to reveal their identity to a
public authority, particularly in a litigation context. For
example, they may believe a FOIA request will be deemed an 'aggressive step' and may not wish to jeopardise otherwise good relationships with the authority. They may also consider that revealing their identity will inevitably influence how the public authority responds to the request."
This can also be a way for a council to refuse or delay a request: "If a public authority maintains a refusal on identity validity grounds, then it may not be until a decision from either the Information Commissioner's Office ("ICO") or the Tribunal threat the substantive aspects of a request are considered."