Dear North Lanarkshire Council,

I'd like to make a request under the Freedom of Information act for all transactions over £500 from 1st April 2017 to 31st December 2018 (if December 2018 is not available, then, November 2018). Please provide the data in a machine readable format (preferably csv). As a minimum, please make sure to include the date, value and recipient of each transaction.

For the avoidance of doubt, I am making this request under the Freedom of Information Act. I await your response within 20 working days.

Yours faithfully,
Nikhil Prabhu

Keachie Jacqueline, North Lanarkshire Council

Dear Sir/Madam

I refer to your e mail dated 10 January 2019 seeking information in relation to Council spending over £500.

Having investigated, I regret to advise that the information you seek is not held in a format that renders it readily available and to provide all of the information sought would exceed the amount prescribed for the purposes of Section 12 of the Freedom of Information (Scotland) Act 2002.

I am sorry I cannot be more helpful on this occasion.

I can advise that North Lanarkshire Council, having regard to the provisions of Section 21 of the Freedom of Information (Scotland) Act 2002, has established a procedure whereby any person who has requested information and is in any way dissatisfied with the decision on that request, can within forty working days require a review of that decision by writing to the Head of Legal and Democratic Solutions, Civic Centre, Windmillhill Street, Motherwell ML1 1AB. Accordingly, if you are dissatisfied with this decision and seek such review please write to the Head of Legal and Democratic Solutions.

I would advise, also, that in terms of Section 47 of the Act a person who is dissatisfied with a notice given by the local authority under Section 21 of the Act - ie. a notice following a review of a decision by a local authority, or by the failure of a local authority to give such a notice - may make application to the Scottish Information Commissioner for a decision as to whether, in any respect specified in that application, the request for information to which the requirement relates has been dealt with in accordance with the Act. Such an application must be made within six months of the review decision and be in writing or in another form which, by reason of it having some permanency is capable of being used for subsequent reference. The application must state the name of the applicant, and provide an address for correspondence. The application must also specify the request for information to which the requirement for review relates, the matter which gave rise to the applicant’s dissatisfaction with the original decision of the local authority and the matter which gives rise to the applicant’s dissatisfaction with the decision on review by the local authority or the failure of the local authority to issue such a decision. The Scottish Information Commissioner can be contacted as follows:-

Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St. Andrews
KY16 9DS
email: [email address]

Appeals to the Scottish Information Commissioner can also be made online via the following link: -

www.itspublicknowledge.info/Appeal

I hope this information is sufficient for your purpose. If, however, you require further information – or I can assist in any other way – please let me know.

Yours faithfully

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

show quoted sections

Dear Keachie Jacqueline,

Thank you for your response of 10 January 2019 from North Lanarkshire Council.

I would like to appeal against the council’s decision to refuse information as they feel the cost would exceed the amount prescribed for the purposes of Section 12 of the Freedom of Information (Scotland) Act 2002.

All councils now have a sophisticated accounting system which enables information to be downloaded using the in-built software. This software should have filters to enable data without compromising any sensitive information. As an accountant myself I use this facility extensively.

We feel the cost in downloading and assessing the data should not exceed £500 as much of the work would be done by the machine itself. We therefore would like to appeal against the council’s refusal to provide information as they feel the cost will exceed the threshold.

We are looking for payments to suppliers who provide a service in Health and Social Care. This would include all suppliers falling under the following categories :-

1. Payments to suppliers who provide fostering and adoption services to the Council
2. Payments to suppliers who provide care services to the council. This would include suppliers who provide care under each of the categories below :-
a. Children's Residential/ Nursing Care Providers
b. Adult Residential/ Nursing Care Providers
c. Elderly Residential/ Nursing Care Providers
d. Domiciliary Care Home Providers
e. Supported Living Care Home Providers
f. Care at Home Providers
g. Providers who carry out Homeless Services
3. Payments to suppliers who provide Special Education Services

In particular I am looking for itemized transactions for all suppliers from 1st April 2017 - 31st December 2018 - preferably in a CSV format. I now look forward to the information at the earliest.

Yours Sincerely,
Nikhil Prabhu

Keachie Jacqueline, North Lanarkshire Council

Dear Sir/Madam

I acknowledge receipt of your email below seeking a review of my response dated 10 January 2019 to your freedom of information request.

Your request for review is being processed and a response will be sent to you in due course.

Yours sincerely

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

show quoted sections

Dear Keachie Jacqueline,

Do you have any update for me?

Yours sincerely,
nikhil prabhu

Keachie Jacqueline, North Lanarkshire Council

I am currently out of the office. All e-mails will be forwarded  to a
member of the Freedom of Information Team, who can be contacted on 01698
302 232.

 

 

McKay Neil, North Lanarkshire Council

Dear Sir / Madam

I refer to your email sent to my colleague.

I can advise that the statutory deadline for the Council to respond to your Request for Review is 8 March and the Council hope to be in a position to respond by that date if not sooner.

Kind Regards

Neil McKay
Freedom of Information Co-ordinator
Democratic and Legal Services
North Lanarkshire Council
Civic Centre
Windmillhill Street
Motherwell
ML1 1 AB
Tel : 01698 302 484

________________________________________
From: nikhil prabhu
Sent: 22 February 2019 09:08:40 (UTC+00:00) Dublin, Edinburgh, Lisbon, London
To: Keachie Jacqueline
Subject: Re: Request for Information

Dear Keachie Jacqueline,

Do you have any update for me?

Yours sincerely,
nikhil prabhu

show quoted sections

Dear McKay Neil,

Do you have an update for me?

Yours sincerely,
nikhil prabhu

Dear McKay Neil,

May I request an update, since the statutory response period of 20 days has elapsed.

Sincerely,
Nikhil Prabhu

Gardiner Gerard, North Lanarkshire Council

Dear Sir,

 

Review of Response to Request for Information

 

I refer to your e-mail of 8 February 2019 addressed to the Council’s
Freedom of Information Co‑ordinator.

 

In that e-mail you request a review of the Council’s response to your
request for information.  Your request was dated 10 January 2019 with the
Council’s response also issued on that date.

 

I note that the Freedom of Information Co-ordinator exempted from release
to you information on the basis that compiling the information and
applying the relevant exemptions thereto would involve the Council in the
incurrence of expense beyond the threshold specified in Section 12 of the
Freedom of Information (Scotland) Act 2002. 

 

Having considered the matter at review I am satisfied that that position
is correct.  Scrutiny of the volume of transactions processed by North
Lanarkshire Council above the value of £500 would involve the Council in a
significant undertaking, processing information on many thousands of
transactions.  By way of example, many of the Council’s providers are sole
traders, and I am satisfied that redacting their personal information from
release to you would itself involve the Council in the incurrence of
expense beyond the statutorily prescribed limit.

 

I therefore conclude that the Freedom of Information Co-ordinator was
correct to apply the exemption to your request for information and I
uphold his decision.

 

It remains for me to apologise that this review response reaches you
out-with the timeframe specified in the Freedom of Information (Scotland)
Act 2002.

 

I must advise you that, in terms of Section 47 of the Freedom of
Information (Scotland) Act 2002, a person who is dissatisfied with a
notice given by a Local Authority under Section 21 of the Act - i.e. a
notice following a review of a decision by a Local Authority - may within
six months, make application to the Scottish Information Commissioner for
a decision as to whether, in any respect specified in that application,
the request for information to which the requirement relates has been
dealt with in accordance with the Act.  This letter does constitute a
notice given by North Lanarkshire Council under Section 21 of the Act, and
the Scottish Information Commissioner can be contacted as follows:-

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

Fife

KY16  9DS

email: [1][email address]

 

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

 

[2]www.itspublicknowledge.info/Appeal

 

I must advise also that Section 56 of the Freedom of Information
(Scotland) Act makes provision for an appeal, on point of law, to the
Court of Session against a decision made by the Scottish Information
Commissioner under sub-section 2 of Section 49 by the person who applied
for that decision - and against a decision by the Commissioner under
sub-section 3(b) of that Section by the person who applied for that
decision.

 

Regards,

 

Gerard Gardiner

Legal Manager

Legal & Democratic Solutions

North Lanarkshire Council

Windmillhill Street

Motherwell

ML1 1AB

 

DX 571701 Motherwell 2

LP-3 Motherwell 2

 

T: 01698 302288

F: 01698 302211

M: 07951102831

E: [3][email address]

 

THIS EMAIL MAY CONTAIN PRIVILEGED LEGAL ADVICE AND SHOULD NOT BE FORWARDED
TO ANY THIRD PARTY WITHOUT THE EXPRESS CONSENT OF THE WRITER

 

***PLEASE NOTE***

My email address is changing.  If you currently send emails to me at
[4][email address] please update your records and send all
future emails to [5][email address].  My GCSX address will
shortly be deactivated.  Once that happens any emails sent to that address
will not be delivered.  Instead of using GCSX, we are now securing our
system in line with the following GOV.UK guidance in securing government
email:

 

[6]https://www.gov.uk/guidance/securing-gov...

 

*********************************************************************
North Lanarkshire Council's Web Site -
http://www.northlanarkshire.gov.uk/

show quoted sections

References

Visible links
1. mailto:[email address]
2. http://www.itspublicknowledge.info/Appeal
3. mailto:[email address]
4. mailto:[email address]
5. mailto:[email address]
6. https://www.gov.uk/guidance/securing-gov...

Dear Gardiner Gerard, McKay Neil, Ms. Keachie Jacqueline, Sir/Ma'am,

Based on the decision of the Review Panel that the cost of our request would exceed the appropriate limit, I would like to request the data for a time-period of 9 months ONLY (instead of 21, i.e, from April 2018 only). I hope that would make the request fall under the limit.

Hence, please consider my original request from April 2018 - December 2018 (instead of Apr 2017-Dec 2018).

Thank you so much,
Yours Faithfully,
Nikhil Prabhu

Keachie Jacqueline, North Lanarkshire Council

Dear Mr Prabhu

I acknowledge receipt of your email which is receiving attention.

I shall contact you again when I am in a position to respond more fully to your request.

Yours sincerely

Jacqueline Keachie
for Freedom of Information Co-ordinator
North Lanarkshire Council
Civic Centre
Motherwell
ML1 1AB
01698 302232

show quoted sections

McKay Neil, North Lanarkshire Council

3 Attachments

Dear Sir/Madam,

 

Request for Information

 

I refer again to your e mail dated 21 March 2019 seeking information in
relation to transaction above £500 from April 2018.

 

Having investigated, please find attached the information requested,
adjusted to exclude anything which constitutes personal data in respect of
which disclosure would contravene the Data Protection principles and that
this constitutes a ground of absolute exemption in terms of Section 38 of
the Freedom of Information (Scotland) Act 2002.  The details edited from
the document which is effectively being released into the public domain
for all to access are names of individuals.

 

I can advise that North Lanarkshire Council, having regard to the
provisions of Section 21 of the Freedom of Information (Scotland) Act
2002, has established a procedure whereby any person who has requested
information and is in any way dissatisfied with the decision on that
request, can within forty working days require a review of that decision
by writing to the Head of Legal and Democratic Solutions, Civic Centre,
Windmillhill Street, Motherwell ML1 1AB.  Accordingly, if you are
dissatisfied with this decision and seek such review please write to the
Head of Legal and Democratic Solutions.

 

I would advise, also, that in terms of Section 47 of the Act a person who
is dissatisfied with a notice given by the local authority under Section
21 of the Act - ie. a notice following a review of a decision by a local
authority, or by the failure of a local authority to give such a notice -
may make application to the Scottish Information Commissioner for a
decision as to whether, in any respect specified in that application, the
request for information to which the requirement relates has been dealt
with in accordance with the Act.  Such an application must be made within
six months of the review decision and be in writing or in another form
which, by reason of it having some permanency is capable of being used for
subsequent reference. The application must state the name of the
applicant, and provide an address for correspondence. The application must
also specify the request for information to which the requirement for
review relates, the matter which gave rise to the applicant’s
dissatisfaction with the original decision of the local authority and the
matter which gives rise to the applicant’s dissatisfaction with the
decision on review by the local authority or the failure of the local
authority to issue such a decision.  The Scottish Information Commissioner
can be contacted as follows:-

 

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St. Andrews

KY16  9DS

email: [email address]

 

Appeals to the Scottish Information Commissioner can also be made online
via the following link: -

 

www.itspublicknowledge.info/Appeal

 

I hope this information is sufficient for your purpose.  If, however, you
require further information – or I can assist in any other way – please
let me know.

 

Yours faithfully

 

Neil McKay

Freedom of Information Co-ordinator

Democratic and Legal Services

North Lanarkshire Council

Civic Centre

Windmillhill Street

Motherwell

ML1 1 AB

Tel : 01698 302 484

 

 

show quoted sections

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org