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Copy of report to Employment Tribunal

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Brian Pead (Account suspended)

Dear Lambeth Borough Council,

In January 2008, Brian Pead - a former Head teacher at Lambeth, took the Council to an Employment Tribunal.

Cathy Twist entered her report as evidence to the Tribunal. Please provide a copy of the report and all witness statements entered by Lambeth into court.

What was the name of the barrister and his/her chambers?

What was the cost to the Lambeth taxpayer of this barrister?

Yours faithfully,

Brian Pead

Jane Shields, Lambeth Borough Council

Information request
Our reference: IR217132

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Request details:  Employment Tribunal .
 
We acknowledge receipt of your request for information that was received
on 18 October 2017.

We are dealing with your request and aim to respond within 20 working
days, by 15 November 2017.
Thank you for your interest in Lambeth Council.
 
 
Yours sincerely
 
 Carlton Brackstone
Freedom of Information Team
London Borough of Lambeth
E-mail: [Lambeth Borough Council request email]
website: www.lambeth.gov.uk
 
Lambeth - the co-operative council
 
Read about our ambitions for Lambeth in ‘Future Lambeth: Our Borough Plan’
at www.lambeth.gov.uk/BoroughPlan Disclaimers apply - full details at
https://www.lambeth.gov.uk/email-disclai...

Merrily Rodriguez, Lambeth Borough Council

1 Attachment

 
‎Brian Pead‏  
‎ 10 November 2017
   Our ref: IR217132

 
Dear Mr Pead
 
Thank you for your request for information received on 18 October 2017.
This request is being handled under the Freedom of Information Act 2000.

Your request

In January 2008, Brian Pead - a former Head teacher at Lambeth, took the
Council to an Employment Tribunal.

Cathy Twist entered her report as evidence to the Tribunal. Please provide
a copy of the report and all witness statements entered by Lambeth into
court.

What was the name of the barrister and his/her chambers?

What was the cost to the Lambeth taxpayer of this barrister?

Our response

I can confirm that we have reviewed your request and can neither confirm
nor deny that we hold any relevant information to this request. We
consider confirmation/denial that information is/is not held would breach
the first principle of the Data Protection Act and therefore engage
Section 40(5): Personal Data to this request.

The definition of personal data is set out in Section 1 of the Data
Protection Act 1998 as follows:-

“Personal data” means data which relate to a living individual who can be
identified—

(a) from those data, or

(b) from those data and other information which is in the possession of,
or is likely to come into the possession of, the data controller,
and includes any expression of opinion about the individual and any
indication of the intentions of the data controller or any other person in
respect of the individual;

Would confirming or denying whether the information is held constitute
personal data?

Personal data is defined by the Data Protection Act 1998 as information
which relates to a living individual who can be identified from that data
or from that data along with any other information in the possession or is
likely to come into the possession of the data controller. We are
satisfied that to confirm or deny if the council holds/does not hold
information would in itself constitute the personal data of a third party.

Would confirming or denying whether the requested information is held
contravene any of the data protection principles?

We consider that the first principle of the DPA is most relevant here; any
confirmation/denial that information is/is not held should be fair and
lawful.

We consider that confirmation/denial that information is/is not held would
not be fair as we do not consider that any individual would hold a
reasonable expectation that the Council would confirm/deny that
information of this nature is/is not held.

I therefore have concluded that it would be unfair to the third party to
confirm/deny that information is held where we would not ordinarily
provide such confirmation/denial.

I consider that it may cause the third party some distress/damage should
the confirmation/denial that information is/is not held be provided. I
also have considered that confirmation/denial that information is/is not
held under the Freedom of Information Act is considered to be
confirmation/denial to the world in general; not to an individual
applicant.

It should be noted that this response should not be taken as
confirmation/denial that any information relating to this issue is/is not
held.

In accordance with Section 17 FOIA this letter represents a Refusal Notice
for this request.

If you are dissatisfied with the way in which your Freedom of Information
request has been dealt with you can request an internal review. Tell us
why you are unhappy with our response within 40 working days, and it will
be looked at afresh. We will aim to provide you with our review response
within 20 working days. 
 
 
By email: [Lambeth Borough Council request email] (Please quote the reference number above) or
by writing to: 
 
 
Freedom of Information
Olive Morris House
18 Brixton Hill
London
SW2 1RD 
 
 
If you remain dissatisfied with the outcome of the review you have a
further right to appeal to the Information Commissioner, who regulates the
implementation of the Freedom of Information Act. The Commissioner can be
contacted at the following address:
 
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
 
 
Enquiry line: 0303 123 1113
 
Thank you for your interest in Lambeth Council.
 
Yours faithfully
 
Merrily Rodriguez
Complaints & Information Officer
FOI team
London Borough of Lambeth
 
Tel.
E-mail [email address]
Website: [1]www.lambeth.gov.uk
 
 
 
Lambeth - a Co-operative Council
 
 

Find out more about our bid to be London’s Borough of Culture at
[2]http://love.lambeth.gov.uk/ourlambeth-la...

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Disclaimers apply - full details at
[3]https://www.lambeth.gov.uk/email-disclai...

 

References

Visible links
1. http://www.lambeth.gov.uk/
2. http://love.lambeth.gov.uk/ourlambeth-la...
3. https://www.lambeth.gov.uk/email-disclai...

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