Correspondence on free vaccination parking

The request was refused by Buckinghamshire Council.

Dear Buckinghamshire Council,

Please can I have a copy of all email correspondence during the course of January generated from and between officers and members (m/m, o/o, m/o, o/m), and third parties (including the Swan Practice and local newspaper) concerning the provision of free car parking for Covid19 vaccination attendees at the Buckingham Community Centre.

Many thanks

Yours faithfully,

Jon Harvey

Buckinghamshire Council

 

 

 

 

Dear Jon Harvey

 

Thank you for your information request received on 26 January 2021.

 

We can confirm receipt of your request for information and will handle it
under the most appropriate legislation. 

Your case reference number is FOI 20975

 

You can expect to receive a response by 23 February 2021.

 

The Council will be in touch if we need any further information.

 

Yours sincerely,

Information Management Team

Buckinghamshire Council

[1][Buckinghamshire Council request email]

[2]Stay Home

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
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Dear Buckinghamshire Council,

I note that my inquiry has not been answered within the lawful period. By law, the you should normally have responded promptly and by 23 February 2021 at the latest.

Please can I have an update on what is happening at the very least - but more importantly I would like my inquiry answered.

Thank you

Yours faithfully,

Jon Harvey

Freedom of Information, Buckinghamshire Council

Good afternoon

 

Thank you for your request, this request has been handled under the
Freedom of Information Act 2000. 

 

Request

Please can I have a copy of all email correspondence during the course of
January generated from and between officers and members (m/m, o/o, m/o,
o/m), and third parties (including the Swan Practice and local newspaper)
concerning the provision of free car parking for Covid19 vaccination
attendees at the Buckingham Community Centre.

 

Response

Section 36(2) of the Freedom of Information Act 2000 (the Act) provides
that:

“Information to which this section applies is exempt information if, in
the reasonable opinion of a qualified person, disclosure of the
information under this Act…

 (b) would, or would be likely to, inhibit— (i) the free and frank
provision of advice, or (ii) the free and frank exchange of views for the

purposes of deliberation; or (c) otherwise prejudice the effective conduct
of public affairs.

 

Release of internal emails discussing this matter would be likely to
inhibit the free and frank exchange of views for purposes of deliberation,
impeding the ability of officers to freely and frankly express their views
on an issue of consequence to the public. There is a need for a safe space
for officers to consider sensitive issues free from external interference
and distraction. Disclosure of these discussions would effectively curtail
the authority’s ability to make fully informed decisions and it is our
reasonable opinion that prejudice or inhibition would, or would be likely
to occur.

 

The Council considers that the prejudice to the effective conduct of
public affairs could refer to an adverse effect on a public authority’s
ability to offer an effective public service or to meet its wider
objectives due to the potential disruption caused by the disclosure and/or
the diversion of resources in managing the impact of disclosure.

 

While the Council recognised the public interest in such a request, given
that we are able to provide information regarding the Council car parks
charges process - the legislation by which the Council introduces car park
charges/restrictions in a car park -  to you, (this will also be published
on our website), the Council feel we have been transparent over the
reasons behind any decisions made to implement car parking charges.
Furthermore, publication of this information allows for further debate and
transparency.

 

Council Car Parks - charges process

The legislation by which the Council introduces car park
charges/restrictions in a car park is the Road Traffic Regulation Act
1984. This is by way of a parking order which lists what the
charges/restrictions are at each location. To introduce, or amend a
parking order there is a legal process which must be followed, this
includes a public consultation on the proposed charges/restrictions.
Following the consultation all comments which are received are carefully
considered and responded to as per the requirements of the legislation.
Recommendations thereafter are submitted to Cabinet Member(s) for
consideration. Where recommendations are approved, the parking Order is
sealed and implemented. 

 

Once the order/amendment order is in place, enforcement is carried out in
accordance with the Traffic Management Act 2004. In all car park
operations, the Council treats all customers equally, fairly, and in a
consistent manner that is open and transparent. 

 

There are a number of free parking schemes in place across the County,
which are requested and funded by local town and parish Councils. Where a
request such as this is received we will work with the sponsor to
implement the scheme where possible. Where a free parking scheme is in
place it applies to all car park users who are parking for the duration of
the period to which the free scheme applies, providing they are in a class
of vehicle that is permitted to park at that location. The Council is
unable to differentiate charges based upon the nature of a person’s visit.

 

Section 36 is a qualified exemption, therefore we are required to conduct
a Public Interest Test.

 

Factors for disclosure

There is a general public interest in transparency and accountability

There is a public interest in good decision-making.

 

Factors against disclosure

Disclosure of internal emails discussing this matter would be likely to
inhibit the free and frank exchange of views for purposes of deliberation,
impeding the ability of officers to freely and frankly express their views
on an issue of consequence to the public, which would not be in the public
interest.

It is not in the public interest to compromise the ability of individuals
to provide free and frank views through disclosure of opinions and
discussion. While it is noted this would be in a public capacity, the
disclosure of initial and preparatory comments during the discussion stage
could create unnecessary or unjustified distress due to the effect on
future work and the reduction of safe space; given the information around
the implementation of parking charges has been provided, the content of
the emails would not affect debate or further understanding.

 

Having considered these factors it is the view of the Monitoring Officer,
who is the Qualified Person for the purposes of Section 36, that Section
36 36(2)(b) and (c) is engaged and that the public interest in withholding
the information outweighs that of disclosure.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you can contact us at [1][Buckinghamshire Council request email] or by
writing to us at Information Management, Buckinghamshire Council, The
Gateway, Gatehouse Road, Aylesbury, HP19 8FF. 

If you are not content with the outcome your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the internal review
procedure provided by Buckinghamshire Council.  You can contact the ICO
via their website [2]https://ico.org.uk/make-a-complaint/ or by writing to
them at Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone them on 0303
123 1113.

 

Regards

 

A Roscoe

Freedom of Information Officer

 

Policy & Communications

Buckinghamshire Council  

 

Website [3]www.buckinghamshire.gov.uk

 

[4]Stay Home

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

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1. mailto:[Buckinghamshire Council request email]
2. https://ico.org.uk/make-a-complaint/
3. http://www.buckinghamshire.gov.uk/

Dear Buckinghamshire Council,

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

I am writing to request an internal review of Buckinghamshire Council's handling of my FOI request 'Correspondence on free vaccination parking'.

I am not happy with the response - this is a matter of extremely high public interest involving the use of public monies to supply or not to supply free parking for those attending govt provided vaccinations - and following a social media poll which showed huge interest and concern about this decision. To hide behind this veil of secrecy is I believe politically driven - the evidence of which was Cllr Clare suggesting in a video that he posted that this was about "Conservative Councillors" making a decision on this.

This cannot be right as taxpayers money was involved. I also want to discover if I was mentioned by name or by implication - and if necessary I will invoke a subject inquiry on this as well. So I very much challenge this decision - and I will take this to the Information Commissioner if necessary.

I look forward to your urgent reply as purdah is fast approaching.

Thank you

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,

Jon Harvey

Buckinghamshire Council

Dear Jon Harvey

 

Thank you for your request for a review received on concerning FOI 20975
about correspondence on free vaccination parking Buckingham Community
Centre.

 

I am sorry that you are dissatisfied with our attempts to handle your
request under the Freedom of Information Act 2000.

 

I can confirm that we are considering your concerns and we will aim to
provide you with a response within 20 working days.

 

Yours sincerely,

Information Management Team

Buckinghamshire Council

[1][email address]

[2]Stay Home

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

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1. mailto:[email address]

Buckinghamshire Council

Dear Jon Harvey

 

Internal review

Thank you for your request for an internal review received on 24 February
2021 concerning FOI 20975. 

 

Please accept our apologies for the delay in our response to your internal
review. This is because of increased pressure on staff resources that have
meant we have been unable to complete our investigations. Buckinghamshire
Council is aware of its statutory responsibility under FOI/EIR and we work
hard to ensure we meet the requirements of the Act.   

The ICO states that the public authority should ensure the review takes no
longer than 20 working days in most cases, or 40 in exceptional
circumstances. We will need a further 20 days to consider and respond to
all the points you have raised.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference number provided in the subject line of
this email in any future communications.

 

If you are unhappy with the service you have received in relation to your
request and wish to make a complaint or request a review of our decision,
you can contact us at [1][Buckinghamshire Council request email] or by
writing to us at Information Management, Buckinghamshire Council, The
Gateway, Gatehouse Road, Aylesbury, HP19 8FF.

 

If you are not content with the outcome your complaint, you may apply
directly to the Information Commissioner for a decision.  Generally, the
ICO cannot make a decision unless you have exhausted the internal review
procedure provided by Buckinghamshire Council.  You can contact the ICO
via their website [2]https://ico.org.uk/make-a-complaint/ or by writing
to them at Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone them on 0303
123 1113.

 

Yours sincerely,

Amy Roscoe

FOI Officer

[3][Buckinghamshire Council request email]

 

 

[4]Stay Home

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. mailto:[Buckinghamshire Council request email]
2. https://ico.org.uk/make-a-complaint/
3. mailto:[Buckinghamshire Council request email]

Dear Buckinghamshire Council,

I am not content with this decision. The problem is that the new 20 days will then take this matter up to just before the local elections leaving me no time to appeal the decision with the ICO. You had sufficient resources to deny my first request, I fail to understand how you now cannot have enough resources to investigate this further against the public interest. By delaying this decision, along the lines of justice delayed is justice denied, at this critical juncture is effectively saying no to my appeal. If that is the case - then I will seek leave to appeal this matter to the ICO as you will have effectively silenced my inquiry. However, if you can find the resources to judge the appeal within the next day or so, that would be fine.

I look forward to your speedy reply

Thank you

Yours faithfully,

Jon Harvey

Freedom of Information, Buckinghamshire Council

Good afternoon

I can confirm that we will need the further 20 days. The internal review included an element of a request for personal data this has increased the resource requirement.

If you have any queries about this letter, please contact me.  Please remember to quote the reference number provided in the subject line of this email in any future communications. 

If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you can contact us at [Buckinghamshire Council request email] or by writing to us at Information Management, Buckinghamshire Council, The Gateway, Gatehouse Road, Aylesbury, HP19 8FF. 

If you are not content with the outcome your complaint, you may apply directly to the Information Commissioner for a decision.  Generally, the ICO cannot make a decision unless you have exhausted the internal review procedure provided by Buckinghamshire Council.  You can contact the ICO via their website https://ico.org.uk/make-a-complaint/ or by writing to them at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone them on 0303 123 1113.
Regards

Amy

show quoted sections

Dear Freedom of Information,

I raised a separate and new Subject Access Request as you have (so far) refused by FoI into this matter. This was a new and separate inquiry.

I am now going to take this matter to the ICO as I feel you are delaying matters.

Yours sincerely,

Jon Harvey

Buckinghamshire Council

1 Attachment

Dear Jon Harvey

 

Outcome of Internal Review

Further to your email dated 24 February 2021, an internal review has been
carried out. Please see attached.

 

If you have any queries about this letter, please contact me.  Please
remember to quote the reference number provided in the subject line of
this email in any future communications.

 

If you are not content with the outcome your complaint, you may apply
directly to the Information Commissioner for a decision.  You can contact
the ICO via their website [1]https://ico.org.uk/make-a-complaint/ or by
writing to them at Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire, SK9 5AF.  Alternatively, you can phone
them on 0303 123 1113.

 

Yours sincerely,

A Roscoe

FOI Officer

[2][Buckinghamshire Council request email]   

[3]A Little Longer

DISCLAIMER FOR BUCKINGHAMSHIRE COUNCIL

Any views expressed in this email are those of the individual sender and
are not necessarily those of Buckinghamshire Council unless explicitly
stated.

This email and any attachments may contain confidential or privileged
information and is intended solely for the use of the individual or entity
to whom it is addressed. Any confidential, sensitive or protectively
marked material must be handled accordingly.

If you are not the intended recipient you must not disclose, distribute,
copy, print or rely on any of the information contained in the email or
attachments, and all copies must be deleted immediately. If you do receive
this email in error please notify the sender immediately and note that
confidentiality or privilege is not waived or lost. 

Buckinghamshire Council may monitor the contents of emails sent and
received via its network for the purposes of ensuring compliance with
relevant legislation and the Council’s policies and procedures. All such
monitoring will take place in accordance with relevant legislation
including privacy and data protection legislation. For details of how
Buckinghamshire Council uses personal information please see the Council’s
website.

Buckinghamshire Council has scanned this email and attachments for viruses
but does not accept any responsibilities for viruses once this email has
been transmitted. You should therefore carry out your own anti-virus
checks before opening any documents.

References

Visible links
1. https://ico.org.uk/make-a-complaint/
2. mailto:[Buckinghamshire Council request email]