Decision to 'switch' to online forms for FOI requests
Dear Maldon District Council,
I am writing in accordance to Freedom of Information Act ("FOI") 2000 to request the following information:
1. All documentations (including, but not limited to memos, minutes and internal communications) with regard to the recent decision to utilise the online form to handle FOI requests, and to not accept FOI requests by email.
2. The full name and title of the decision maker who decided not to accept FOI requests made through email.
3. The full name, title and email address of the staffs who:
a) has overall responsibility over handling of FOI requests; and
b) respond to FOI requests on a day-to-day basis.
I respectfully draw your attention to the FOI Code of Practice produced by the Cabinet Office [1], which set out the criteria for a valid request under the Freedom of Information Act. Such criteria does not include the requirement to deliver the request via a specific mean. Indeed, the same Code specified that requests made through social media can be valid, as long as it is addressed directly to the authority.
Yours faithfully,
A. Ying
Reference: FOI-161570193
Date of request: 10/12/2019
Title of request: FOI Request - Decision to Switch to Online Requests
Dear A Ling,
Thank you for your request for information which was received by Maldon
District Council. The request is covered by the Freedom of Information
Act, under which we must respond within 20 working days.
If we are unclear what information you are requesting, we will contact you
to clarify the information you have requested. The 20-day time limit will
stop until we receive a response.
For further information on your rights under the Freedom of Information
Act please visit the Information Commissioners website at
[1]www.ico.org.uk
Kind regards
Maldon District Council
Maldon District Council
Our Vision: Sustainable Council, Prosperous Future
P Please consider the environment before printing this email. This email
(including any attachments) is intended only for the recipient(s) named
above. It may contain confidential or privileged information and should
not be read, copied or otherwise used by any other person unless express
permission is given. If you are not a named recipient, please contact the
sender and delete the email from your system. It is the recipient's
responsibility to ensure that appropriate measures are in place to check
for software viruses. All communications sent to or from the Council may
be subject to recording and / or monitoring in accordance with relevant
legislation.
References
Visible links
1. http://www.ico.org.uk/
Dear A Ying
Thank you for your recent request. For clarity the Council has not made
any decision not to accept FOI requests by email. As you will be aware for
a valid FOI request to be made it needs to provide a name and address
(email or postal) and be in writing (as set out in section 8 of the
Freedom of Information Act 2000. The Council has set up the new website as
part of a reorganisation and the use of the online form is part of this
process. The form allows for requests to be dealt with in a cost effective
and timely manner. The Council, as part of this process has closed down a
number of generic email address including the generic freedom of
information address as part of this process.
However the Council is not preventing an individual from making a request
to it as part of email correspondence to a member of staff or as part of a
complaint etc. Requests can also be made on social media, through
Councillors or of an applicant requires assistance they can telephone the
Council for assistance. There is no legal requirement for the Council to
have a generic email address nor is it a requirement of the code of
practice (please see attached link)
[1]https://assets.publishing.service.gov.uk...
In relation to part 3 of your question I can confirm that overall
responsibility for FOI sits in our Executive Leadership Team details of
which can be found at
[2]https://www.maldon.gov.uk/info/20069/gov...
In relation to the staff details of who respond to requests this can be
any member of Council staff. The Council have over 40 staff who use a
manged IT system to co-ordinate FOI responses from the relevant Council
department who may hold the information. Due to the volume of FOI requests
that are received and the range of subjects on which they may request
information all staff are involved in the responding to requests.
As you can see while the Council has set up a new means of making an FOI
request through our website it is not preventing a person making a request
through other means. The Council is aware of its obligations under the Act
and will accept any request for information that complies with section 8
of the Freedom of Information Act 2000.
If you are not satisfied with our response to your request, please let us
know. If we are unable to resolve the matter quickly then you may wish to
pursue this through the Councils complaints procedure and request an
internal review of the decision. A request for an internal review must be
submitted within two months of receiving our response to your request.
Complaints should be made in writing to the Council at Princes Road,
Maldon CM8 5DL or by email to [email address] or by using the
form available on the Council's website at http://www.maldon.gov.uk.
If an internal review is undertaken and you are dissatisfied with the
outcome, you have the right to apply directly to the Information
Commissioner for a decision at the following address:
The Information Commissioner, Wycliffe House, Water Lane, Wilmslow,
Cheshire SK9 5AF Tel 01625 545 745 Fax 01625 524 510 - Email:
[email address]
Kind regards
Emma Holmes ACILEX | Senior Legal Specialist |
Maldon District Council, Princes Road, Maldon, Essex, CM9 5DL
My working hours are Mon – Wed 9.15-14.15 and Thursdays 9.15-17.15
email [3][email address] | [4]www.maldon.gov.uk | @maldondc
Maldon District Council
Our Vision: Sustainable Council, Prosperous Future
P Please consider the environment before printing this email. This email
(including any attachments) is intended only for the recipient(s) named
above. It may contain confidential or privileged information and should
not be read, copied or otherwise used by any other person unless express
permission is given. If you are not a named recipient, please contact the
sender and delete the email from your system. It is the recipient's
responsibility to ensure that appropriate measures are in place to check
for software viruses. All communications sent to or from the Council may
be subject to recording and / or monitoring in accordance with relevant
legislation.
References
Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.maldon.gov.uk/info/20069/gov...
3. mailto:[email address]
4. http://www.maldon.gov.uk/
Dear Maldon District Council,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Maldon District Council's handling of my FOI request 'Decision to 'switch' to online forms for FOI requests'.
1. I have requested for "all documentations (including, but not limited to memos, minutes and internal communications) with regard to the recent decision to utilise the online form to handle FOI requests, and to not accept FOI requests by email". This has not been provided.
As a clarification, while I appreciate that no decisions have been made to not accept FOI requests by email to individual officers, my original request also is also intended to cover documentations in relation to the decision to utilise the online form. If this was unclear then clarification ought to have been sought earlier.
Unless a qualified exemption applies, please provide all documentations (e.g. memos, minutes, internal communications) in relation to such decision.
2. I have requested for "the full name, title and email address of the staffs who respond to FOI requests on a day-to-day basis". This has not been provided. The Council also did not seek to use one of the exemptions under the FOI Act.
If the Council intend to use an exception under section 40(1), it would be my view that the public interest in disclosure overweights the officers expectations of privacy. Officers responding to FOI requests frequently make decisions about whether to release information to the public or not. As such, transprency on and disclosure of their identity is key to integrity of the FOI process and in holding the Council accountable to public oversight.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...
Yours faithfully,
A. Ying
Dear Maldon District Council,
I write in respect to my request for internal review. I ask that a response be provided as the request was made more than one month ago at this point.
Yours faithfully,
A. Ying
Dear Emma Holmes,
I write in respect to my request for internal review. I ask that a response be provided as the request was made more than one month ago at this point.
Yours sincerely,
A. Ying
I am currently out of the office. I will be back in the office on Monday
24th February when I will deal with your enquiry.
yours faithfully
Emma Holmes
Maldon District Council
Our Vision: Sustainable Council, Prosperous Future
P Please consider the environment before printing this email. This email
(including any attachments) is intended only for the recipient(s) named
above. It may contain confidential or privileged information and should
not be read, copied or otherwise used by any other person unless express
permission is given. If you are not a named recipient, please contact the
sender and delete the email from your system. It is the recipient's
responsibility to ensure that appropriate measures are in place to check
for software viruses. All communications sent to or from the Council may
be subject to recording and / or monitoring in accordance with relevant
legislation.
Dear A Ying,
Further to your request please see the Council's response and relevant documents attached.
If you require any further clarification please feel free to contact me.
Yours sincerely
Emma Holmes ACILEX | Senior Legal Specialist |
Maldon District Council, Princes Road, Maldon, Essex, CM9 5DL
My working hours are Mon – Wed 9.15-14.15 and Thursdays 9.15-17.15
email [email address] | www.maldon.gov.uk | @maldondc
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