Decision not to publish illustrative cruising patterns
Dear Canal & River Trust,
Please treat this request for information as a request under the Freedom of Information Act 2000.
On 14th February 2017 the Waterways Ombudsman stated in a case report (Case no 933) that CRT intended in the coming weeks to publish “illustrative cruising patterns” for liveaboard boaters without home moorings who have school age children.
In the Navigation Advisory Group meeting of 13th February 2016, Head of Boating Mike Grimes stated: “We’re looking at putting together and publish soon some example compliant movement patterns that boaters with children could look at to help inform their movement patterns”.
On 18th April 2018, Matthew Symonds, Strategy and Engagement Manager, informed the National Bargee Travellers Association that CRT would not be publishing “illustrative cruising patterns” for boaters with school age children.
Please provide the following information:
1. The date of the decision not to publish “illustrative cruising patterns” for boaters with school age children.
2. All recorded information regarding the decision not to publish “illustrative cruising patterns” for boaters with school age children.
Thank you. I look forward to your reply within 20 working days.
Yours faithfully,
P Smith
Dear P Smith,
Request Reference: FOI 54/18
Thank you for your request for information regarding Please provide the following information:
1. The date of the decision not to publish “illustrative cruising patterns” for boaters with school age children.
2. All recorded information regarding the decision not to publish “illustrative cruising patterns” for boaters with school age children.
I can confirm this request was received on 02-May-18 and I am dealing with it in accordance with the Freedom of Information Act 2000. Under the terms of the Act you are entitled to a response within 20 working days of receipt.
If for any reason we are unable to meet this deadline we will keep you fully informed of the reasons for this and will tell you when you can expect a response.
In the meantime if you have any queries about this email, please do not hesitate to get in contact. Please remember to quote the reference number above in any future communications.
Many Thanks
Alex Czabaniuk
Student Placement – Legal & Governance Services
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB
Dear Information Request,
I would be grateful if you would respond to the above information request as 20 working days has now passed and by law you should have responded promptly. In addition, you have not as promised kept me fully informed of the reasons your response has been delayed and neither have you told me when I can expect a response.
Thank you. I look forward to your reply.
Yours sincerely,
P Smith
Dear P Smith,
I am so sorry for the delay in responding to you request for information.
I should be in a position to respond to your request for information by the end of next week.
Many Thanks
Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB
Dear Canal & River Trust,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Canal & River Trust's handling of my FOI request 'Decision not to publish illustrative cruising patterns'.
Your response to my request is long overdue. On 6th June 2018 you wrote to me apologising for the delay and stating that you would provide me with a response by "the end of next week", being 15th June 2018. It is now 13th July 2018. According to the Freedom of Information Act 2000, you should have provided me with a response at least 4 weeks ago.
Please provide me with a response to my request. A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Thank you. I look forward to your reply.
Yours faithfully,
P Smith
Dear P Smith,
Thank you for your email and I am sorry that a response to your request is overdue. I will now lodge this as an Internal Review and ensure that our reviewing officer conducts the review as soon as possible.
Many Thanks
Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB
Dear P Smith,
Thank you for contacting the Canal & River Trust, may I apologise for the delay in responding to your request for information.
You requested the following information:
1. The date of the decision not to publish “illustrative cruising patterns” for boaters with school age children.
The Canal & River Trust do not hold this information
Having discussed with relevant colleagues within the Trust it is my understanding that the question of illustrative cruising patterns for boaters is one that has been considered for some time, with particular focus on boaters with school aged children last year.
At no point did the Trust ever reach a fixed view in favour of publication and, therefore, it is not possible to identify a date of decision not to publish.
2. All recorded information regarding the decision not to publish “illustrative cruising patterns” for boaters with school age children.
As I have described above, it is not possible to identify a single decision not to publish illustrative cruising pattern.
We do hold information in the form of correspondence to and from our internal Legal team and external legal Counsel for the purposes of seeking legal advice on the Trust’s discretionary powers to publish illustrative cruising patterns. To the extent that this information falls within your request, it is covered by the exemption under Section 42 of The Freedom of Information Act 2000 by virtue of being subject to legal privilege.
Section 42 is a qualified exemption, this means that it can only be applied if the public interest lies in non-disclosure of the requested information.
Although I can see that there may be arguments in favour of disclosure (in terms of the transparency of the Trust’s decision-making process around the enforcement of its boat licence conditions) case law has confirmed that there must be a strong, clear and compelling public interest argument in favour of disclosure to outweigh the maintenance of legal privilege, which is a fundamental element of our legal system to protect the right of anyone to seek advice freely and confidentially and for legal advisors to be able to deliver such advice without the fear of subsequent disclosure.
On balance I believe that the arguments favouring disclosure do not outweigh the importance of maintaining the legal privilege of communication between legal advisor and client, and therefore this information is withheld under section 42.
If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of this email and should be sent by email to [email address] or by post to Information Officer, Legal Department, Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB. Please remember to quote the reference number above in any future communications. You are also able to contact the Information Commissioner by telephoning 0303 123 1113 although please note they would usually expect you to have gone through our internal review procedure before contacting them.
Many Thanks
Melissa Ashdown-Hoff
Information Officer – Legal and Governance Services
T 0113 284 5239; M 07484913020
E [email address]
W canalrivertrust.org.uk
Canal & River Trust, Fearns Wharf, Neptune Street, Leeds, LS9 8PB
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