Councillors Referred To Essex Police

Dear Mr Coley,

 

Thank you for your request for information which was received 24/05/23.

 

Please may we ask for further clarification. In particular, please can you
confirm the date range? Do you mean 2012-2019? Or were there others dates
you were looking for?

 

If this clarification is not received within 20 working days your request
will be considered to have lapsed. Under section 1(3) of the Freedom of
Information Act (FOIA), a public authority need not comply with a request
unless any further information reasonably required to locate the
information is supplied.

 

We look forward to hearing from you. Further information about your rights
is also available from the Information Commissioner at: Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF
Telephone: 0303 123 1113, [1]www.ico.gov.uk.

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [2][Tendring District Council request email] 

[3]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

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Dear Mr Coley,

 

Thank you for your clarification. Please accept this email as
acknowledgement of your request.  I can confirm that your enquiry is
receiving attention.

 

In accordance with the provisions of the Freedom of Information Act 2000
you should receive a comprehensive reply to your request within 20 working
days from receipt of your enquiry.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving, and extracting information and/or the cost for disbursements
such as photocopying and postage. If this applies, a Fees Notice will be
issued to you with details of any costs involved in advance and you will
be required to pay this before I can proceed to deal with your request.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[1]www.ico.gov.uk.

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [2][Tendring District Council request email] 

[3]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

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Dear Mr Coley,

 

Further to your request for information about Councillors Referred To
Essex Police, which was received on 25/05/23, we are contacting you to
advise that your enquiry is still receiving attention.

 

Please accept the Council’s apologies for this delay, a response shall be
with you as soon as possible.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving, and extracting information and/or the cost for disbursements
such as photocopying and postage. If this applies, a Fees Notice will be
issued to you with details of any costs involved in advance and you will
be required to pay this before I can proceed to deal with your request.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[1]www.ico.gov.uk.

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [2][Tendring District Council request email] 

[3]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

From: Corporate Information Manager
<[email address]>
Sent: Friday, May 26, 2023 9:37 AM
To: 'Alan Coley' <[FOI #983932 email]>
Subject: FOI Acknowledgement - [Ref: #2023-333] - Councillors Referred To
Essex Police

 

Dear Mr Coley,

 

Thank you for your clarification. Please accept this email as
acknowledgement of your request.  I can confirm that your enquiry is
receiving attention.

 

In accordance with the provisions of the Freedom of Information Act 2000
you should receive a comprehensive reply to your request within 20 working
days from receipt of your enquiry.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving, and extracting information and/or the cost for disbursements
such as photocopying and postage. If this applies, a Fees Notice will be
issued to you with details of any costs involved in advance and you will
be required to pay this before I can proceed to deal with your request.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[4]www.ico.gov.uk.

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [5][Tendring District Council request email] 

[6]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

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Dear Mr Coley,

 

Thank you for your request for information regarding a list of Councillors
referred to Essex police , which was received 24/05/23. Please accept the
Council’s sincere apologies for the delay in providing this response to
you.

In your request you asked for the following information:

Please provide the names of all Councillors referred to Essex Police
during the 2019 - 2023 Council term for potential criminal actions under
all electoral and Local Government legislation, including but not limited
to Local Government Act 1972 and Localism Act 2011.

It can be confirmed that Tendring District Council holds the information
you have requested, but in this case will not be providing it to you as it
is the Council’s belief that is it exempt from disclosure under Section
40(2) of the Freedom of Information Act 2000 - Personal Information.

Section 40(2) of the Freedom of Information Act 2000 states that personal
data relating to third parties is exempt if disclosure would breach any of
the principles set out in Chapter 2 of the Data Protection Act 2018. We
believe that providing you with the information you have requested would
breach the following Data Protection principles:

Processing of data shall be:

 

• Lawful and fair

• Specified, explicit and legitimate

• Adequate, relevant and not excessive

 

In this case we apply this exemption because:-

 

a) we do not have the consent of the person(s) who is the subject of the
information to disclose it to you;

b) disclosure does not meet any of the Schedule 2 conditions that would
make it “necessary”;

c) disclosure of the information to you would not be connected to the
purpose for which we have collected and are holding the information;

d) the data subject(s) would not expect this information about them to be
shared publicly and it would not be fair to disclose this information to
the public

 

The Council understands that there is a legitimate interest to disclose
the information to satisfy the Council’s obligation under the Freedom of
Information Act 2000. However, we believe that the data subject(s) has
expectations of privacy with regard to the requested information, as such
disclosure would not be fair and the balancing test weighs in favour of
the data subject(s). In such circumstances this is an absolute exemption.

 

In closing, whilst we appreciate that our response is not the one that you
were seeking, we hope we have adequately set out the authority’s position
in this matter. If you have any queries about this matter, then please
contact the Corporate Information Manager at
[1][email address].

 

 

Right to Internal Review:

If you are dissatisfied with your FOI response or with the way your
request has been handled under the Freedom of Information Act, you have
the right to ask for your request to be independently reviewed. Internal
review requests should be made within 40 working days of the initial
response. You should set out your representations in writing explaining
why you are dissatisfied with this response or the way your request has
been handled and send to [2][email address].
Alternatively, you can post a request for an internal review to Mrs L
Trembath, Corporate Services, Town Hall, Station Road, Clacton-on-Sea,
Essex CO15 1SE. You will be notified of the outcome of the review as soon
as possible and in any event within 20 working days from receipt of your
representations.

 

Appeal:

If you should still remain dissatisfied following the outcome of the
review, you may apply to the Information Commissioner for a decision by
writing to:

 

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

Telephone: 0303 123 1113, [3]www.ico.gov.uk.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[4]www.ico.gov.uk .

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [5][Tendring District Council request email]

[6]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

From: Corporate Information Manager
<[7][email address]>
Sent: Wednesday, June 21, 2023 4:36 PM
To: '[FOI #983932 email]'
<[8][FOI #983932 email]>
Subject: FOI Holding email - [Ref: #2023-333] - Councillors Referred To
Essex Police

 

Dear Mr Coley,

 

Further to your request for information about Councillors Referred To
Essex Police, which was received on 25/05/23, we are contacting you to
advise that your enquiry is still receiving attention.

 

Please accept the Council’s apologies for this delay, a response shall be
with you as soon as possible.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving, and extracting information and/or the cost for disbursements
such as photocopying and postage. If this applies, a Fees Notice will be
issued to you with details of any costs involved in advance and you will
be required to pay this before I can proceed to deal with your request.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[9]www.ico.gov.uk.

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [10][Tendring District Council request email]

[11]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

From: Corporate Information Manager
<[12][email address]>
Sent: Friday, May 26, 2023 9:37 AM
To: 'Alan Coley' <[13][FOI #983932 email]>
Subject: FOI Acknowledgement - [Ref: #2023-333] - Councillors Referred To
Essex Police

 

Dear Mr Coley,

 

Thank you for your clarification. Please accept this email as
acknowledgement of your request. I can confirm that your enquiry is
receiving attention.

 

In accordance with the provisions of the Freedom of Information Act 2000
you should receive a comprehensive reply to your request within 20 working
days from receipt of your enquiry.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving, and extracting information and/or the cost for disbursements
such as photocopying and postage. If this applies, a Fees Notice will be
issued to you with details of any costs involved in advance and you will
be required to pay this before I can proceed to deal with your request.

 

Further information about your rights is also available from the
Information Commissioner at: Information Commissioner's Office, Wycliffe
House, Water Lane, Wilmslow SK9 5AF Telephone: 0303 123 1113,
[14]www.ico.gov.uk.

 

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686063
E-mail: [15][Tendring District Council request email]

[16]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

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