Cowley LTNs - monitoring officer report

Richard Parnham made this Freedom of Information request to Oxfordshire County Council

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Dear Oxfordshire County Council,

I am writing to request a copy of any report produced by the Oxfordshire County Council Monitoring Officer regarding the recent Oxfordshire County Council decision to approve the Cowley Low Traffic Neighbourhoods. The decision to approve the Cowley LTNs was taken a day after an important High Court test case regarding the legality of an similar traffic scheme in London. I want to establish whether the Monitoring Officer produced a report about ability of Oxfordshire County Council to continue with the Cowley LTNs in light of this court case (and others like it).

I would not expect my request to receive a copy of the the Monitoring Officer report to be refused UNLESS the monitoring officer is a fully regulated lawyer, and therefore protected by legal professional privilege. In the absence of any such legal privilege protection, I would expect the monitoring officer's report to be produced on the grounds that disclosure is in the public interest. I would accept that any legally privileged information, contained in such a report report, could be redacted. However, I would not accept that the facts of the matter, and any conclusions reached by the Monitoring Officer should be redacted, nor any item of the report that was not a direct quote (or comment on) any legally privileged advice received.

If no monitoring officer report was produced in relation to the decision to approve the Cowley LTNs, please confirm this also.

Yours faithfully,

Richard Parnham

FOI - E&E, Oxfordshire County Council

1 Attachment

Our reference: 17902 EIR

 

Dear Mr Parnham,

 

Thank you for your correspondence received on 15 February 2021 in which
you asked for the following information:

 

I am writing to request a copy of any report produced by the Oxfordshire
County Council Monitoring Officer regarding the recent Oxfordshire County
Council decision to approve the Cowley Low Traffic Neighbourhoods. The
decision to approve the Cowley LTNs was taken a day after an important
High Court test case regarding the legality of an similar traffic scheme
in London. I want to establish whether the Monitoring Officer produced a
report about ability of Oxfordshire County Council to continue with the
Cowley LTNs in light of this court case (and others like it).

 

I would not expect my request to receive a copy of the the Monitoring
Officer report to be refused UNLESS the monitoring officer is a fully
regulated lawyer, and therefore protected by legal professional privilege.
In the absence of any such legal privilege protection, I would expect the
monitoring officer's report to be produced on the grounds that disclosure
is in the public interest. I would accept that any legally privileged
information, contained in such a report report, could be redacted.
However, I would not accept that the facts of the matter, and any
conclusions reached by the Monitoring Officer should be redacted, nor any
item of the report that was not a direct quote (or comment on) any legally
privileged advice received.

 

If no monitoring officer report was produced in relation to the decision
to approve the Cowley LTNs, please confirm this also.

 

Your request is being considered and you will receive the information
requested as soon as possible and in any event within the next 20 working
days in compliance with the Environmental Information Regulations
2004/Freedom of Information Act 2000, unless an exception applies. This
means that the council will respond to you by the end of 15 March 2021 at
the latest.

 

If appropriate, the information requested can be made available in
alternative formats, including other languages, Braille, large print, and
audiocassette. If you require any of these formats then please let me
know.

 

Please contact me if you have any have further enquiries about your
request. I would be grateful if you could quote the reference number given
at the top of this email.

 

Kind regards,

 

Marianna

 

Marianna Marou  

Paralegal

Access and Disclosure Team

Law and Governance

 

2nd Floor, County Hall

New Road

Oxford

OX1 1ND

* [1][email address]       

 

                      

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FOI - E&E, Oxfordshire County Council

Dear Mr Parnham,

 

Thank you for your request of 15 February in which you asked for the
following information:

 

I want to establish whether the Monitoring Officer produced a report about
ability of Oxfordshire County Council to continue with the Cowley LTNs in
light of this court case (and others like it) […] If no monitoring officer
report was produced in relation to the decision to approve the Cowley
LTNs, please confirm this also.

 

Oxfordshire County Council does not hold this information as the
Monitoring Officer has not created a report. Rather, as with all such
matters, professional and legal advice is taken into account as necessary.

 

Internal review

If you are dissatisfied with the service or response to your request you
can ask for an internal review as follows:

 

·   Contact the Freedom of Information team in Law & Governance:
[1][Oxfordshire County Council request email]

·   Write to the Freedom of Information team at the FREEPOST address:

 

Freedom of Information Team
Oxfordshire County Council
FREEPOST (RTLL-ECKS-GLUA)
Oxford OX1 1YA

 

If you remain dissatisfied with the handling of your request or complaint,
you have a right to appeal to the Information Commissioner at:

 

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

Telephone: 0303 123 1113 Website: [2]https://ico.org.uk

 

Please let me know if you have further enquiries. I would be grateful if
you could use the reference number given at the top of this email.

 

Yours sincerely,

 

Freedom of Information Support Officer

Oxfordshire County Council

Email: [3][email address]

[4]www.oxfordshire.gov.uk

 

This email, including attachments, may contain confidential information.
If you have received it in error, please notify the sender by reply and
delete it immediately. Views expressed by the sender may not be those of
Oxfordshire County Council. Council emails are subject to the Freedom of
Information Act 2000. [5]email disclaimer. For information about how
Oxfordshire County Council manages your personal information please see
our [6]Privacy Notice.

References

Visible links
1. mailto:[Oxfordshire County Council request email]
2. https://ico.org.uk/
3. mailto:[email address]
4. http://www.oxfordshire.gov.uk/
5. http://www.oxfordshire.gov.uk/emaildiscl...
6. https://www2.oxfordshire.gov.uk/cms/site...