Correspondence & consultations

J A Giggins made this Freedom of Information request to Sport England

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 successful.

Dear Sport England,

Under FOI/EIR please could you provide me with copies of all correspondence, notes of telephone calls, emails ( including covering emails) and consultation responses with West Berkshire Council and any other party regarding development on the Triangle Field, Hungerford, and development on Playing Fields generally.

I appreciate that I have asked the first part of this question before, but at the time of my last request you did not hold any information, but indicated that you were going to generate some. Two communications* have been published on the West Berkshire Council web site, but the draft minutes of a Hungerford Town Council Extraordinary meeting held on 30th April 2015, published on their web site this week, indicate that further consultations with Sport England were taking place at the end of April and may be ongoing.

See: http://www.hungerfordcouncil.co.uk/blob/...

Many thanks.

Yours faithfully,

J A Giggins

*http://planning.westberks.gov.uk/rpp/ind...
http://planning.westberks.gov.uk/rpp/sho...

FOI, Sport England

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FOI, Sport England

Dear J A Giggins,

I write to formally acknowledge your Freedom of Information request
received on 17 June 2015. You asked for;

'... copies of all correspondence, notes of telephone calls, emails (
including covering emails) and consultation responses with West Berkshire
Council and any other party regarding development on the Triangle Field,
Hungerford, and development on Playing Fields generally.'

We will respond as soon practically possible, but in any event within 20
working days from receipt of your request.

Yours sincerely,

Matthew

Matthew Ramsey Information Governance and FOI Manager T: 0207 273 1680

show quoted sections

Dear FOI,

Many thanks for the acknowledgement. West Berkshire Council has placed some further correspondence* on the Planning Portal today, but I would be grateful if you could continue to process the FOI/EIR request as none of the correspondence is with the Planning Officer who as per the link supplied previously was reported to be in contact with Sport England.

* http://planning.westberks.gov.uk/rpp/sho...

http://planning.westberks.gov.uk/rpp/sho...

http://planning.westberks.gov.uk/rpp/sho...

http://planning.westberks.gov.uk/rpp/sho...

Yours sincerely,

J A Giggins

FOI, Sport England

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Matthew Ramsey, Sport England

26 Attachments

Dear J A Giggins,

I am writing in response to your Freedom of Information request received
on 17 June 2015. You asked for;

'... all correspondence, notes of telephone calls, emails ( including
covering emails) and consultation responses with West Berkshire Council
and any other party regarding development on the Triangle Field,
Hungerford, and development on Playing Fields generally.'

Please find attached copies of correspondence between Sport England and
West Berkshire Council regarding Triangle Field, Hungerford, and planning
matters affecting playing fields in general. I have also attached
correspondence between Sport England and the Football Association and the
Rugby Football League regarding the development at Triangle Field. We have
reviewed this information and removed some personal data. Personal data is
exempt from disclosure if to do so would breach of the Data Protection
Act.

If you are dissatisfied with this response and would like it to be
reviewed, please contact:

Erin Stephens
Principal In House Solicitor
Sport England
1st Floor, 21 Bloomsbury Street
London
WC1B 3HF

in writing (including by letter or email) and your complaint will be dealt
with through our Internal Review procedure. Please describe the original
request, explain your grounds for dissatisfaction, and include an address
for correspondence.

If you are still not satisfied following the Internal Review, you have a
right to appeal to the Information Commissioner. He can be contacted at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700
[1]www.ico.gov.uk

Yours sincerely,

Matthew
Matthew Ramsey Information Governance and FOI Manager T: 0207 273 1680

show quoted sections

Dear Sport England,

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

I am writing to request an internal review of Sport England's handling of my FOI request 'Correspondence & consultations'.

Firstly, I would like to thank you for the information provided so far, but I believe that there may be further information that has not been supplied. By way of explanation, the draft minutes that I supplied a link to specified that a named West Berkshire Council Planning Officer had been in contact with yourselves, and yet no correspondence from that officer, Derek Carnegie, appears within the documents supplied. I appreciate that contact may have been made by telephone, but you will recall that I did ask for notes of all phone calls. I would therefore appreciate a further search of your records for dates/ times of phone calls relating to this application, together with any notes made.

I would also appreciate a review of the redactions made to some of the documents under the provisions of the Data Protection Act as I thought the exemption applied only to personal information. As far as I can make out all the consultations have been made by people acting in official capacities, so please could you explain why each redaction applies?

Finally, please can you either supply or confirm by way of your review that you hold no information relating to:
The Highways concerns regarding the revised parking layout raised on 5th June http://planning.westberks.gov.uk/rpp/sho...
The pre-existing (but unimplemented) conditions regarding parking and screening attached to 05/02564/FUL; http://planning.westberks.gov.uk/rpp/sho...
The further recent planning applications made by the Hungerford Rugby Club 15/00403/FUL and 15/01622/FUL .

Should you consider any aspect of the matters raised above to be a new request, then I would be grateful if you could advise me accordingly.

Many thanks for your help.

Yours faithfully,

J A Giggins

FOI, Sport England

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Thank you

 

FoI & Complaints Manager

 

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FOI, Sport England

Dear J A Giggins,

I have passed your request for an internal review to Ms Erin Stephens, our
Principal In-house Solicitor who undertakes these for Sport England.

Please accept this message as an acknowledgement of your request. We will
respond promptly, but in any event within 20 working days.

Yours sincerely,

Matthew

Matthew Ramsey Information Governance and FOI Manager T: 0207 273 1680

show quoted sections

Dear FOI,

Many thanks for the prompt acknowledgement.

Yours sincerely,

J A Giggins

FOI, Sport England

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Thank you

 

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Street, London, WC1B 3HF

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Dear FOI,

Re my request for internal review, it has come to my attention that I have provided you with a link to the original Highways response, not the additional one which deals specifically with the establishment of the proposed B8 use class on the Field.

The correct link is: http://planning.westberks.gov.uk/rpp/sho...

In addition the link to the Hungerford Town Council minutes that prompted the request no longer seems to be working. The link to the approved minutes can be found here: http://www.hungerfordcouncil.co.uk/blob/...

Yours sincerely,

J A Giggins

FOI, Sport England

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Thank you

 

FoI & Complaints Manager

 

Sport England's London office has moved to 1st Floor, 21 Bloomsbury
Street, London, WC1B 3HF

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Erin Stephens, Sport England

Dear J A Giggins,

 

I refer to your request for an Internal Review of your Freedom of
Information Request dated 17 July 2015 for which a response is due today.

 

I apologise that your response will be delayed until Monday as I have been
out of the office.

 

I will address this promptly on Monday morning.

 

Kind regards,
Erin

 

Erin Stephens
Principal In-House Solicitor

T: 020 7273 1930
M: 07747763092
F: 020 7383 5740
E: [email address]

[1]Sport England

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Erin Stephens, Sport England

10 Attachments

Dear J A Giggins,

 

Thank you for your email to Matthew Ramsey of 17 July 2015 which we have
treated as a request for an Internal Review in relation to your recent
request for information. I am sorry to hear that you were not happy with
the way that Matthew handled your request for information.

 

I again apologise for the short delay in responding to you.

 

Internal Reviews are processed under our Complaints Procedure
[1]http://www.sportengland.org/about_us/com....  I am the person
who is responsible for responding to requests for Internal Review.  My
role in conducting the Internal Review is to determine whether we have
handled your request satisfactorily and in accordance with the provisions
of the Freedom of Information Act 2000 (‘the Act’).  The Information
Commissioner advises that in conducting an Internal Review, a public
authority should thoroughly reconsider the decision and handling of the
request. For this reason, I have read the documents on the FOI file and
spoken with the FOI and Data Protection Manager. I have ensured that an
impartial and objective reconsideration of your request has taken place.

 

Your request and how we dealt with it

 

By email dated 17 June 2015 you requested copies of “all correspondence,
notes of telephone calls, emails ( including covering emails) and
consultation responses with West Berkshire Council and any other party
regarding development on the Triangle Field, Hungerford, and development
on Playing Fields generally”. On 3 July 2015, Matthew emailed you and
provided you with all the correspondence we held in respect of your
request, and noted that some information containing personal data had been
removed as to disclosure it would breach the Data Protection Act.

 

By email dated 17 July 2015, you requested an Internal Review of Matthew’s
response of the 3 July 2015, in addition to requesting further
information.

 

Below I have addressed each of your point in turn.

 

Firstly, I would like to thank you for the information provided so far,
but I believe that there may be further information that has not been
supplied. By way of explanation, the draft minutes that I supplied a link
to specified that a named West Berkshire Council Planning Officer had been
in contact with yourselves, and yet no correspondence from that officer,
Derek Carnegie, appears within the documents supplied. I appreciate that
contact may have been made by telephone, but you will recall that I did
ask for notes of all phone calls. I would therefore appreciate a further
search of your records for dates/ times of phone calls relating to this
application, together with any notes made.

 

We confirm that our Planning Manager has not spoken to Derek Carnegie, she
has only spoken to the Planning Officers. Derek Carnegie is the Team
Leader (West) Development Control for West Berkshire Council. He appears
at Council meetings on behalf of the department but actions may well be
followed up planning team members.

 

The Planning Manager has confirmed that it was not her practice to make
notes of telephone conversations. Instead if a question or request for
information was materially significant, she would ensure that there was be
an email record of the matter. This is common office practice.

 

I would also appreciate a review of the redactions made to some of the
documents under the provisions of the Data Protection Act as I thought the
exemption applied only to personal information. As far as I can make out
all the consultations have been made by people acting in official
capacities, so please could you explain why each redaction applies?

 

Matthew considered the information to be subject to section 40: Personal
Information, specifically section 40(2): someone else’s personal data.

 

40(2)Any information to which a request for information relates is also
exempt information if—

(a) it constitutes personal data which do not fall within subsection (1),
and

(b) either the first or the second condition below is satisfied.

 

The following redactions under s40(2) were made on the grounds the
individuals would have a reasonable expectation that this personal data
would remain private:

 

1)     The email addresses and phone numbers (but not names) of the
representatives of The FA and the RFU who we consulted on the planning
application. Placing the email addresses or numbers in the public domain
could leave them vulnerable to spam or other abuse.

 

2)     The names and email addresses of club officials consulted by The FA
and the RFU. Involvement in a sports club is a matter of one’s private
life.

 

Finally, please can you either supply or confirm by way of your review
that you hold no information relating to:

 

The Highways concerns regarding the revised parking layout raised on 5th
June
[2]http://planning.westberks.gov.uk/rpp/sho...

 

The Planning Officer informed Sport England that highways had a concern
with the application but this was not relevant to our response as the
plans did not change. All further emails on the subject are attached.
Sport England’s PAT team monitors decisions rather than the committee
outcomes.

The pre-existing (but unimplemented) conditions regarding parking and
screening attached to 05/02564/FUL;
[3]http://planning.westberks.gov.uk/rpp/sho...

 

The further recent planning applications made by the Hungerford Rugby Club
15/00403/FUL and 15/01622/FUL.

 

I have attached is all other correspondence with West Berkshire planning
that we have received or sent since 17 June 2015, the date of your
request. We hold no other correspondence with West Berkshire regarding the
Triangle Field site.

 

We consider this to be a minor routine planning manner, there has never
been any need to make notes of telephone conversations. Any information of
material significance is contained in the correspondence we have provided.

My review

 

Matthew’s response of 3 July 2015 contained all information pertaining to
your request that Sport England held. The contents of the draft minutes
that you cite, do not accurately depict the correspondence chain between
Sport England and West Berkshire Council. As set out above, our Planning
Manager has not spoken to or dealt with Derek Carnegie and has instead
dealt with members of his team. This information has been provided to you.
I am satisfied that our Planning Manager has provided all the information
in accordance with your request.

 

Regarding the exemption of disclosure of personal information, section
40(2) of the Act exempts the disclosure of third party personal
information. If Sport England were to disclose this information we would
be in breach of the data protection principles of the Data Protection Act.
I agree with Matthew’s conclusion that disclosure would be unfair and
therefor contravene the DPA. This is an absolute exemption, which means
that if this condition is satisfied there is no additional public interest
test to consider. However, he did also consider the public interest test
in coming to his conclusion. Matthew concluded that the public interest is
best served by protecting reasonable expectations of privacy. As such, I
am confident that Matthew correctly applied this exemption and the
relevant conditions as set out in the FOIA.

Potential next steps

 

I believe that we have acted properly and in accordance with our
obligations under the Freedom of Information Act 2000 in dealing with your
request for information. I am sorry that this is not the answer you were
hoping for.

 

Having read and considered this response to your request for an Internal
Review, if you are still not satisfied, you have the right to complain to
the Information Commissioner. He can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK5 5AF

Telephone: 01625 545 700

[4]http://www.ico.gov.uk/

 

Kind regards,

Erin

Erin Stephens
Principal In-House Solicitor

T: 020 7273 1930
M: 07747763092
F: 020 7383 5740
E: [5][email address]

[6]Sport England

Creating a sporting habit for life

[7]This girl can
 

1st Floor, 21 Bloomsbury Street, London, WC1B 3HF

 

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Dear Erin Stephens,

Many thanks for your internal review of the response to this request and for the further information supplied. I would also like to repeat my thanks to Matthew Ramsey for his original handling of the request - the request for review was based on clarification that I had not previously supplied.

Whilst a minor issue, i think you may have misunderstood my query regarding the redactions. Whilst I understand your reasoning regarding the disclosure of names and email addresses of individuals these are not the only redactions that have been made. Also redacting names for this reason without supplying the organisation they represent makes it very difficult to understand who influenced Sport England's response to this planning application.

By way of example please refer to the email chain between Vicky Aston, Jason Bowes and Stuart Lamb between 23rd and 30th March 2015. ( FA Email correspondence)

https://www.whatdotheyknow.com/request/2...

There is a name redacted between the names Stuart & Jay, the name of someone copied in to the correspondence has been redacted, and the name of what I assume to be another sports field ( ?) has been redacted. The text of the email reads:

"I was actually chasing a response on BLACK LINE REDACTION . Specifically I would like to know if there is any community use of the school site at present"

There seems to be no logical reason for the last redaction and as explained previously it would be helpful to know which representatives of sporting organisations were party to the correspondence, particularly since the Field is used by a variety of sporting organisations. Assuming this was an oversight would it be possible for you to look at these redactions again and/or clarify your explanations as to why they apply.

Finally, I presume that by now you will have received a copy of the decision notice, but have not called in the application, even though the Planning Authority did not apply the condition Sport England specified. I will therefore be putting in a further request for all follow on communications.

Yours sincerely,

J A Giggins

Erin Stephens, Sport England

Dear J A Giggins,

 

Thank you for your email.

 

I will review and respond by no later than 25 September 2015.

 

Kind regards,
Erin

 

Erin Stephens Principal In-House Solicitor  T: 020 7273 1930  M:
07747763092

 

This message has come from the Legal Services team of Sport England and
may be legally privileged. It may not be passed on without the consent of
the sender. If you receive it in error, please notify the sender
immediately.

Please consider the environment: don't print this email unless entirely
necessary.

 

show quoted sections

Erin Stephens, Sport England

Dear J A Giggins,

 

I have now had the opportunity to review your subsequent email below.

 

I am sorry we were not clearer in our explanations regarding the
redactions.

 

The specific one you quote was redacted because the sentence relates to a
completely different planning application and site, a school in Slough. We
redacted it as it was not relevant to your request.

 

The redacted address to that email was that of  a member of staff at Berks
and Bucks FA. When we consult national governing bodies such as The FA
regarding a planning application, they may well seek the views of
colleagues to inform their response.

 

I do hope this clarifies our response. I understand you have now sent a
further Freedom of Information request which we will respond to in
accordance with our statutory requirements.

 

Kind regards,
Erin

 

Erin Stephens Principal In-House Solicitor  T: 020 7273 1930  M:
07747763092

 

This message has come from the Legal Services team of Sport England and
may be legally privileged. It may not be passed on without the consent of
the sender. If you receive it in error, please notify the sender
immediately.

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show quoted sections

Dear Erin Stephens,

Many thanks for the clarification.

Yours sincerely,

J A Giggins