Communications re DANFO "level of service" documentation
Dear Whitby Town Council,
HISTORY (as per Minutes)
At the Extraordinary Meeting of Full Council on 7th May 2024, Agenda Item # 496/23 Resolved
"That the council notes, the FP&GP committee regularly review all outside contracts as part of its normal procedures."
At the FP&GP Meeting of 8th October 2024, it was claimed by the Mayor, Councillor Robert Dalrymple (and one other Councillor) that the former Clerk and the FP&GP Committee had made repeated attempts, including having several meetings, to get toilets contractor Danfo to provide "level of service" documentation required under the terms of its contract with the Council, but to no avail.
MY REQUEST
My request for information under the FOIA 2900 falls into two parts:
1) Please provide any evidence (including emails, dates and Minutes or Notes of meetings, contemporaneous notes of telephone conversations, SMS and/or WhatsApp messages, etc) to support the claim that Danfo was "repeatedly" called upon to provide "level of service" documentation. If no such information is held by the Council, please indicate so, inaccordance with s.1(1)(a) of the FOIA;
2) According to the legislation and the ICO guidance (see link below), information held in the private emails of members and/or staff, insofar as it pertains to Council business (e.g discussing the process of attempting to get Danfo to produce "level of service" documentation) must also be disclosed.
https://ico.org.uk/media/for-organisatio...
Please ensure that your response includes communications (including emails, dates and Minutes or Notes of meetings, contemporaneous notes of telephone conversations, SMS and/or WhatsApp messages, etc) that fall within this category. If no such information is held (or retrievable) by the Council, please indicate so, inaccordance with s.1(1)(a) of the FOIA:
Otherwise, I look forward to your complete response within 20 working-days, in accordance with s.1(1)(b) of the FOIA.
In the event that neither of these categories of information is held (or retrievable) by the Council, the remaining conclusion must be that members were misled.
Yours faithfully,
Robert Scarborough
Dear Whitby Town Council,
CORRECTION
In my third paragraph (under the heading HISTORY), I have made an error of identity:
"At the FP&GP Meeting of 8th October 2024, it was claimed by the Mayor, Councillor Robert Dalrymple (and one other Councillor) that the former Clerk and the FP&GP Committee had made repeated attempts......etc"
This should read:
"At the FP&GP Meeting of 8th October 2024, it was claimed by the Chair, Councillor Linda Wild (and one other Councillor) that the former Clerk and the FP&GP Committee had made repeated attempts...... etc"
Please consider my FOI request appropriately corrected.
Yours faithfully,
Robert Scarborough
Dear Robert,
Many thanks for your freedom of information request and additional email
with a correction.
The Council is looking into these matters and will respond as soon as are
able.
Best Wishes,
Adam Chugg
Town Clerk
A logo of a town council Description automatically generated 01947 820227
This email (and any files transmitted with it) may contain confidential or
privileged information and is intended for the addressee only. If you are
not the intended recipient, please be aware that any disclosure, copying,
distribution or any action taken is prohibited and may be unlawful - you
should therefore return the email to the sender and delete it from your
system. Any opinions expressed are those of the author of the email, and
do not necessarily reflect those of Whitby Town Council. Please note:
Incoming and outgoing e-mail messages are routinely monitored for
compliance with our policy on the use of electronic communications. This
email has been checked for the presence of computer viruses, but please
rely on your own virus-checking procedures.
In accordance with the law, Whitby Town Council only collects a limited
amount of information about you necessary for correspondence, information
and service provision. Whitby Town Council does not use profiling, it
does not sell or pass your data to third parties. It does not use your
data for purposes other than those specified, makes sure your data are
stored securely and deletes all information deemed to be no longer
necessary. You may view the council’s Privacy Notice [1]here.
══════════════════════════════════════════════════════════════════════════
Dear Whitby Town Council,
I do appreciate that the office is in a state of transition at present but, in fairness, this FOI request goes back to 14 October '24. The 20 working days response time is not optional. It is a statutory requirement. Could you at least confirm that you have got as far as polling members to provide all the emails they have on their personal devices about this Danfo business? I was hoping to be able to tabulate all this before the budget meetings (F&GP in Dec. '24 and Full Council in Jan. '25). Frankly, I would say members need this information as much as anyone!
Yours sincerely,
Robert Scarborough
Many thanks for your email.
Please note I am on leave until the morning of Tuesday the 3^rd of
December 2024.
Many thanks.
ADAM CHUGG
Town Clerk
Dear Robert,
Many thanks for your email.
I will send you a more comprehensive update in the coming days.
Best Wishes,
Adam Chugg
Town Clerk
A logo of a town council Description automatically generated 01947 820227
This email (and any files transmitted with it) may contain confidential or
privileged information and is intended for the addressee only. If you are
not the intended recipient, please be aware that any disclosure, copying,
distribution or any action taken is prohibited and may be unlawful - you
should therefore return the email to the sender and delete it from your
system. Any opinions expressed are those of the author of the email, and
do not necessarily reflect those of Whitby Town Council. Please note:
Incoming and outgoing e-mail messages are routinely monitored for
compliance with our policy on the use of electronic communications. This
email has been checked for the presence of computer viruses, but please
rely on your own virus-checking procedures.
In accordance with the law, Whitby Town Council only collects a limited
amount of information about you necessary for correspondence, information
and service provision. Whitby Town Council does not use profiling, it
does not sell or pass your data to third parties. It does not use your
data for purposes other than those specified, makes sure your data are
stored securely and deletes all information deemed to be no longer
necessary. You may view the council’s Privacy Notice [1]here.
══════════════════════════════════════════════════════════════════════════
From: Robert Scarborough <[FOI #1186842 email]>
Sent: 02 December 2024 08:07
To: Town Clerk <[email address]>
Subject: Re: Fw: Freedom of Information request - Communications re DANFO
"level of service" documentation
Dear Whitby Town Council,
I do appreciate that the office is in a state of transition at present
but, in fairness, this FOI request goes back to 14 October '24. The 20
working days response time is not optional. It is a statutory requirement.
Could you at least confirm that you have got as far as polling members to
provide all the emails they have on their personal devices about this
Danfo business? I was hoping to be able to tabulate all this before the
budget meetings (F&GP in Dec. '24 and Full Council in Jan. '25). Frankly,
I would say members need this information as much as anyone!
Yours sincerely,
Robert Scarborough
Dear Robert,
Many thanks for your email.
We are working to provide you with the information requested. As a small
team, it is taking us a little time to complete this, but the scope of the
request does require some quite significant work on our part.
We will send you the information as soon as we are able - we anticipate
this being early in the new year.
Many thanks.
Best Wishes,
Adam Chugg
Town Clerk
A logo of a town council Description automatically generated 01947 820227
This email (and any files transmitted with it) may contain confidential or
privileged information and is intended for the addressee only. If you are
not the intended recipient, please be aware that any disclosure, copying,
distribution or any action taken is prohibited and may be unlawful - you
should therefore return the email to the sender and delete it from your
system. Any opinions expressed are those of the author of the email, and
do not necessarily reflect those of Whitby Town Council. Please note:
Incoming and outgoing e-mail messages are routinely monitored for
compliance with our policy on the use of electronic communications. This
email has been checked for the presence of computer viruses, but please
rely on your own virus-checking procedures.
In accordance with the law, Whitby Town Council only collects a limited
amount of information about you necessary for correspondence, information
and service provision. Whitby Town Council does not use profiling, it
does not sell or pass your data to third parties. It does not use your
data for purposes other than those specified, makes sure your data are
stored securely and deletes all information deemed to be no longer
necessary. You may view the council’s Privacy Notice [1]here.
══════════════════════════════════════════════════════════════════════════
From: Robert Scarborough <[FOI #1186842 email]>
Sent: 02 December 2024 08:07
To: Town Clerk <[email address]>
Subject: Re: Fw: Freedom of Information request - Communications re DANFO
"level of service" documentation
Dear Whitby Town Council,
I do appreciate that the office is in a state of transition at present
but, in fairness, this FOI request goes back to 14 October '24. The 20
working days response time is not optional. It is a statutory requirement.
Could you at least confirm that you have got as far as polling members to
provide all the emails they have on their personal devices about this
Danfo business? I was hoping to be able to tabulate all this before the
budget meetings (F&GP in Dec. '24 and Full Council in Jan. '25). Frankly,
I would say members need this information as much as anyone!
Yours sincerely,
Robert Scarborough
Dear Town Clerk,
Please pass this on to the person who conducts Freedom of Information Internal Reviews.
I am writing to request an internal review of Whitby Town Council's handling of my FOI request 'Communications re DANFO "level of service" documentation'.
THE FOLLOWING TIMELINE EXPLAINS WHY:
1) This Freedom of Information Act 2000 request was made on 14' Oct '24. The 20 working days permitted by the legislation has long expired and no substantive response has been forthcoming.
2) On 29 Oct '24, you stated "The Council is looking into these matters and will respond as soon as are able." A further six weeks elapsed and still no substantive information was forthcoming.
3) On 3 Dec '24, you stated "I will send you a more comprehensive update in the coming days." A further ten days has elapsed and still no substantive information was forthcoming.
4) On 3' Dec '24, I responded, including stating "Could you at least confirm that you have got as far as polling members to provide all the emails they have on their personal devices about this Danfo business? This question has been entirely ignored.
5) On 12 Dec '24 (yesterday), you have now stated "We are working to provide you with the information requested. As a small team, it is taking us a little time to complete this, but the scope of the request does require some quite significant work on our part. We will send you the information as soon as we are able - we anticipate this being early in the new year." Really? Early in the new year is so far beyond the legal requirements as to suggest the Council intends to set a budget on the basis of sheer guesswork.
With respect, the inadequacy of the manpower of the "small team" does not provide an exemption from the terms of the FOIA. Whitby Town Council is breaking the law. Now there is a novelty.
However, rather than proceeding to the Information Commissioners Office (ICO), I am now requesting an Internal Review. For simplicitiy's sake, I am prepared to accept that the requested information is not held by the Council, in which case, please cite s.1(1)(a):
1 General right of access to information held by public authorities.
(1)Any person making a request for information to a public authority is entitled—
(a)to be informed in writing by the public authority whether it holds information of the description specified in the request,
"INFORMATION NOT HELD"
I travelled to Whitby on 10 Dec '24 to your Finance Meeting (my apologies for leaving early) and was astonished to hear that no-one on the committee appeared to have the faintest idea of the contractual basis of the Danfo deal, the finances dependent upon it or even whether a signed contract actually exists and is held by the Council. Cllr Nock's misconceptions were mind boggling.
Rather than sending me down the road of a new and separate FOIA request, please could you at least confirm if external legal and/or accountancy advice was sought and obtained by the Council before the Danfo deal was entered into in 2025? Similarly with respect to any variation or amendment to the contract that may (or may not) have been agred in 2019 or 2021? Was the contract signed by the then mayor and the then clerk? That would be a start.
By my calculation, public money in the order of over £50k remains unaccounted for. Your "small team" will no doubt advise members accordingly.
For members information, a full history of my FOIA request and all correspondence is available on the Internet at this address:
https://www.whatdotheyknow.com/request/c...
Please forward this communication to all members, today.
Yours faithfully,
Robert Scarborough
Dear Town Clerk,
Further to my earlier email.
CORRECTION
I beg your pardon. Where I requested "Please could you at least confirm if external legal and/or accountancy advice was sought and obtained by the Council before the Danfo deal was entered into in 2025?";
I intended to request:
"Please could you at least confirm if external legal and/or accountancy advice was sought and obtained by the Council before the Danfo deal was entered into in 2017?"
My mistake. My apologies for any confusion.
Yours faithfully,
Robert Scarborough
Dear Robert
That's noted - thank you.
Best Wishes,
Adam Chugg
Town Clerk
A logo of a town council Description automatically generated 01947 820227
This email (and any files transmitted with it) may contain confidential or
privileged information and is intended for the addressee only. If you are
not the intended recipient, please be aware that any disclosure, copying,
distribution or any action taken is prohibited and may be unlawful - you
should therefore return the email to the sender and delete it from your
system. Any opinions expressed are those of the author of the email, and
do not necessarily reflect those of Whitby Town Council. Please note:
Incoming and outgoing e-mail messages are routinely monitored for
compliance with our policy on the use of electronic communications. This
email has been checked for the presence of computer viruses, but please
rely on your own virus-checking procedures.
In accordance with the law, Whitby Town Council only collects a limited
amount of information about you necessary for correspondence, information
and service provision. Whitby Town Council does not use profiling, it
does not sell or pass your data to third parties. It does not use your
data for purposes other than those specified, makes sure your data are
stored securely and deletes all information deemed to be no longer
necessary. You may view the council’s Privacy Notice [1]here.
══════════════════════════════════════════════════════════════════════════
From: Robert Scarborough <[FOI #1186842 email]>
Sent: 13 December 2024 18:20
To: Town Clerk <[email address]>
Subject: Internal review of Freedom of Information request -
Communications re DANFO "level of service" documentation
Dear Town Clerk,
Further to my earlier email.
CORRECTION
I beg your pardon. Where I requested "Please could you at least confirm if
external legal and/or accountancy advice was sought and obtained by the
Council before the Danfo deal was entered into in 2025?";
I intended to request:
"Please could you at least confirm if external legal and/or accountancy
advice was sought and obtained by the Council before the Danfo deal was
entered into in 2017?"
My mistake. My apologies for any confusion.
Yours faithfully,
Robert Scarborough
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.
Donate Now