consultation responses to consultation on closure of Lyndale School (22nd October 2014 to 19th November 2014)

ScarletPimpernel made this Freedom of Information request to Wirral Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Wirral Metropolitan Borough Council,

During the period 22nd October 2014 to 19th November 2014 you carried out a four-week consultation on the closure of The Lyndale School, Eastham.

Consultation responses were sent to [email address] and to

Julia Hassall
Director of Children’s Services
Hamilton Building
Conway Street
Birkenhead
CH41 4FD

Please could you tell me:

(a) the number of consultation responses received from 22/10/14 to 19/11/14

and

(b) provide copies of the consultation responses to this consultation with names and addresses of those responding removed if you feel providing names and addresses (or other personal information) that falls within one (or more) of the exemptions. I remind you that such redaction does not count towards the 18.5 hour limit.

I remind you of your s.16 duty to provide advice and assistance.

Thank you.

Yours faithfully,

John Brace

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Afternoon

 

Thank you for your recent request made under the Freedom of Information
Act.

 

The requested information has been published on the Council’s website
[1]here in line with standard practice.

 

Your request is therefore refused under Section 21 of the Freedom of
Information Act, ‘information reasonably accessible by other means’.
Further guidance on Section 21 can be found on the Information
Commissioner’s website at [2]this link.

 

You have the right under Section 17 of the Freedom of Information Act 2000
to ask for an internal review of the refusal of the information
requested.  Please direct any request for an internal review to
[3][Wirral Borough Council request email] and your request will be allocated for
review.

 

You do also have the right to complain to the information Commissioner, if
you are dissatisfied with the outcome of any internal review, whose office
is situated at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 08456 30 60 60 or 01625 54 57 45

Fax: 01625 524510

[4]www.ico.gov.uk

 

Kind regards,

 

Sent on behalf of

 

Tracy O'Hare

Information Management

Transformation and Resources

Wirral Council

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free to
use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.

 

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Dear Wirral Metropolitan Borough Council,

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

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'consultation responses to consultation on closure of Lyndale School (22nd October 2014 to 19th November 2014)'.

Thank you for your response of 11th December 2014 linking to the recently published papers for the Cabinet meeting on Wednesday 17th December 2014.

As you can see from the published consultation responses on your website here http://democracy.wirral.gov.uk/documents... , in addition to the names and contact information of those responding, other information in the text of the consultation responses has been redacted before publication on your website.

However you have not claimed any exemption in the FOI legislation for only providing redacted consultation responses. Therefore this internal review is requested so that you either provide the consultation responses in full in response to this request or a reason/s under the classes of information in the FOI legislation that you don't have to provide in response to this request in relation to each part where the consultation responses have been redacted. I will remind you that time spent on such matters does not count towards the 18.5 hour limit.

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,

John Brace

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Good Morning

 

Wirral Council acknowledges your request for an Internal Review.  The
Council has now reviewed your request in full.

 

On reviewing your enquiry, the information the Council has made available
to the public on its website [1]www.wirral.gov.uk,
[2]http://democracy.wirral.gov.uk/ieListDoc...

information requested and has redacted personal information and text
relating to personal information of individual(s) in accordance with the
data protection act 1998.

 

Therefore as stated in your internal review on reviewing your enquiry as
per the foi legalisation, 

 

“Therefore this internal review is requested so that you either provide
the consultation responses in full in response to this request or a
reason/s under the classes of information in the FOI legislation that you
don't have to provide in response to this request in relation to each part
where the consultation responses have been redacted.”

 

The council confirms that the requested redacted information is exempt
information under section 40 (2) of the Freedom of Information Act 2000,
in that you are asking for information which is personal data, in respect
of which you are not the data subject.    

 

I consider that the disclosure of the requested information would
contravene the first data protection principle, that personal data shall
be processed fairly and lawfully, and shall not be processed unless at
least one of the conditions in Schedule 2 of the Data Protection Act 1998
is met.

I do not consider that any of the conditions in Schedule 2 would be met
and particularly Condition 6 of Schedule 2 in that the processing would be
unwarranted by reason of prejudice to the rights and freedoms or
legitimate interests of the data subjects.

I do not consider that such processing would be necessary for the purposes
of legitimate interests pursued by you as a third party, being a member of
the public.  I have considered whether there is a legitimate public
interest in disclosure and balanced this against the rights of the
individuals.

 

I consider that disclosure of the requested information would cause an
unwarranted interference with those individuals’ rights, which outweighs
any legitimate interests pursued by the requester. I consider, as detailed
above that the first data protection principle would be breached if the
requested information was disclosed.

 

If you remain dissatisfied with the outcome of this internal review, you
have the right to complain to the Office of The Information Commissioner
at   <[3]https://ico.org.uk/Global/contact_us>

 

Kind regards

 

Sent on behalf of Jane Corrin

Information Management

Transformation and Resources

Wirral Council

 

This information supplied to you is copyrighted and continues to  be
protected by the Copyright, Designs and Patents Act 1988. You are free  to
use it for your own purposes, including any non commercial research  you
are doing and for the purposes of news reporting. Any other reuse, for 
example commercial publication, would require our specific permission, 
may involve licensing and the application of a charge.

 

 

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