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Copy of the condition asset rating for the borough

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Dear Wandsworth Borough Council,

At the Shaftesbury Ward report back meeting in October reference was made to a condition asset rating which had been compiled for the borough's roads and pavements. In subsequent correspondence I have been refused this information so would like to make a formal Freedom of Information request for a copy of the condition audit.

For the avoidance of doubt I am requesting just the details of the state of the roads and pavements for the whole borough (in a usable format, please, not a scan or PDF) and do not require any officer or member analysis of this, just the data. I note a similar request to this was recently made, so assume the data can be provided relatively quickly.

Yours faithfully,

James Cousins

Freedom Of Information, Wandsworth Borough Council

Request for Information - 2018/16175 - Road condition audit

Thank you for your request for information received on 05/01/2018.

This will be processed in accordance with the appropriate access to
information regime.

Regards

FOI and DPA Officer
[1][Wandsworth Borough Council request email]

IMPORTANT:
This email and any of its attachments are intended solely for the use of
the individual or entity to whom they are addressed. If you have received
this message in error you must not print, copy, use or disclose the
contents to anyone. Please also delete it from your system and inform the
sender of the error immediately. Emails sent and received by Richmond and
Wandsworth Councils are monitored and may be subsequently disclosed to
authorised third parties, in accordance with relevant legislation.

References

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1. mailto:[Wandsworth Borough Council request email]

Freedom Of Information, Wandsworth Borough Council

Request for Information - 2018/16175 - Road condition audit

Please disregard our previous email which contained an incorrect date.

Thank you for your request for information received on 08/01/2018.

This will be processed in accordance with the appropriate access to
information regime.

Regards

FOI and DPA Officer
[1][Wandsworth Borough Council request email]

IMPORTANT:
This email and any of its attachments are intended solely for the use of
the individual or entity to whom they are addressed. If you have received
this message in error you must not print, copy, use or disclose the
contents to anyone. Please also delete it from your system and inform the
sender of the error immediately. Emails sent and received by Richmond and
Wandsworth Councils are monitored and may be subsequently disclosed to
authorised third parties, in accordance with relevant legislation.

References

Visible links
1. mailto:[Wandsworth Borough Council request email]

Dear Wandsworth Borough Council,

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

I am writing to request an internal review of Wandsworth Borough Council's handling of my FOI request 'Copy of the condition asset rating for the borough'.

The request was not answered within the time limit. Given that the council have publicly stated the information exists, that similar information has already been provided to an FOI (as detailed in my original request), that it relates purely factual information on the condition of public roads and pavements (and not policy discussion) I do not see any reason the answer could not be provided within the statutory time 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,

James Cousins

Freedom Of Information,

Request for Information - 2018/16175 - Road condition audit

 

I refer to your request for information received on 08/01/2018. Please see
the information below in response to your request: -

At the Shaftesbury Ward report back meeting in October reference was made
to a condition asset rating which had been compiled for the borough's
roads and pavements. In subsequent correspondence I have been refused this
information so would like to make a formal Freedom of Information request
for a copy of the condition audit.

 

For the avoidance of doubt I am requesting just the details of the state
of the roads and pavements for the whole borough (in a usable format,
please, not a scan or PDF) and do not require any officer or member
analysis of this, just the data. I note a similar request to this was
recently made, so assume the data can be provided relatively quickly.

 

The condition survey in question is not yet complete as it still requires
various elements of checking and validation, as well as loading into a
UKPMS accredited system for evaluation. For this reason it is being
withheld under EIR Regulation 12(4)(d). For further explanation, please
see below.    

 

Material in the course of completion, unfinished documents and incomplete
data

(Regulation 12(4) (d))

 

Regulation 12(4) (d) is engaged when the request relates to material that
is still in the course of completion, unfinished documents or incomplete
data.

 

This information is still being developed and is not yet complete.

 

We consider disclosure of draft information may be misleading to the
public.

 

We therefore consider this exception is engaged. We have next considered
the public interest in disclosure/maintaining the exception.

 

The public interest in disclosure

 

We note that there is a general public interest in transparency of local
authorities. We also note the presumption in favour of disclosure required
by Regulation 12(2) EIR.

 

The public interest in the exception being maintained

 

We consider that the main reason to maintain the exception is that the
Council should be able to discuss ongoing issues within a “safe space”
without fear of early disclosure of potentially misleading information.

 

We note that Islington Council’s arguments which were accepted by the ICO
are also applicable to our reasoning:

 

The council needs to be able to consider and fully explore all the options
available to them and exchange views within a safe place.

 

o To release draft information would likely result in further
representation being made on the basis of incomplete and possibly
incorrect material.

 

o Any decision made by the council would be subject to the normal
planning and consultation rules that are required under planning law.

 

o When final decisions are reached, the reasons for the decisions are
likely to be released with that decision. Therefore during the public
consultation the decisions of the council could be properly questioned

 

We also consider it necessary to protect information from premature
disclosure in order for the Council to fully and comprehensively consider
proposals.

 

We also refer to Paragraph 41 of the above case which refers to comments
made in a Tribunal case (Mersey Tunnel Users Association v ICO,
[1]EA/2009/0001): There may also be, as in this case, in our view, a
strong public interest in protecting such draft reports from exposure
because of the risk of fruitless public debate and interrogation of
officials as to unadopted positions and abandoned arguments.

 

Therefore, we have decided at this stage, that the public interest in
maintaining the exception outweighs any public interest in disclosure.

 

In accordance with the Environmental Information Regulations 2004 this
letter acts as a Refusal Notice.

 

If you are dissatisfied with the information provided in relation to your
request you may make representations to the Chief Executive. 
Correspondence should be addressed to: 

 

Room 149, Wandsworth Town Hall, Wandsworth High Street, London, SW18 2PU

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at: 

 

Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow,
Cheshire, SK9 5AF

 

Regards

 

 

Liam Cooper
FOI & DPA Officer
Serving Richmond and Wandsworth Council

020 8871 8800
+ [2][email address]

[3]www.richmond.gov.uk / [4]www.wandsworth.gov.uk

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