Disclosure Of Official Warnings Issued To Councillor Samantha Campbell, Rhoose Ward

Dear Emma Roberstson

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

Thank you for your request for information about: Disclosure Of Official
Warnings Issued To Councillor Samantha Campbell, Rhoose Ward

Your request was received on 04/04/2025 and is being handled under the
terms of the Freedom of Information Act 2000.
Your query has been given the reference 00208683.

In some circumstances a fee may be payable and if that is the case we will
let you know. A fees notice will be issued to you, and you will be
required to pay before we will proceed to deal with your request.
You should receive the information requested within 20 working days unless
the Council does not hold the information or there is a reason for it to
be withheld. We will write to you in any event.
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be supplied in, e.g. the language to be used, audio, large print and so
on, then if you have not already done so please let us know.

If you have any queries or concerns then please do not hesitate to contact
us. Please remember to quote the reference number above in any future
communications.
Further information about your rights is also available from the
Information
Commissioner at:

Information Commissioner's Office - Wales

Second Floor, Churchill House

Churchill Way,

Cardiff

CF10 2HH

029 20678400

[email address]

Yours sincerely,

Information Governance Officer

Legal Services

Vale of Glamorgan Council / Cyngor Bro Morgannwg

tel / ffôn: 01446 700111

e-mail / e-bost: [email address] or [email address]

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References

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2. http://www.bromorgannwg.gov.uk/
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Dear Emma Robertson,

Thank you for your email. We apologise that you are still awaiting for a response to your request. We have been considering the matter which has taken longer than anticipated. We will endeavour to revert to you further as soon as possible, by no later than the end of the week.

We thank you for your patience.

Kind regards
Information Governance Team

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Dear Emma Robertson

Thank you for your request for information about Disclosure Of Official
Warnings Issued To Councillor Samantha Campbell, Rhoose Ward. Please
accept our apologies for the delay in providing you with a response. We
have ensured the matter has been thoroughly considered before providing a
response. 

In conclusion, we believe the information that you have requested is
exempt in accordance with Section 40(2) of the Freedom of Information Act
2000. This exemption covers the personal data of third parties where
complying with the request would breach any of the principles in the
General Data Protection Regulation 2018 (GDPR). We believe that disclosure
of this information would not be fair or lawful and would breach Principle
(a) of the GDPR.

The legal definition of personal information contained in the Data
Protection Act 2018 (DPA) is information that relates to a living
individual, who can be identified from the information, or from other
information held or likely to be held by the data controller. This would
of course include names and addresses, however it would also include a
wide range of other information which could be used to identify
individuals.

Please follow the link below for further information relating to ‘personal
data’ on the ICO’s website:

[1]https://ico.org.uk/for-organisations/gui...

In addition, we are also applying Section 44 of the Freedom of Information
Act as we believe that complying with your request is not allowed under
law.  The reason for this is explained below.

Complaints relating to Elected Members of the Council can either be made
to the Council's Monitoring Officer and / or to the Public Services
Ombudsman for Wales.  However, there are restrictions in law i.e. Local
Government Investigations (Functions of Monitoring Officers and Standards
Committees)(Wales) Regulations 2001 on the disclosure of information as
detailed below

Provision 5.—(1) Information obtained by a Monitoring Officer when
conducting an investigation must not be disclosed unless:

(a)the disclosure is made for the purposes of enabling a Monitoring
Officer or Standards Committee to perform their functions under these
Regulations; (b) the disclosure is made for the purpose of enabling a
Local Commissioner in Wales to carry out his or her functions; (c)the
person to whom the information relates has consented to its disclosure;
(d)the information has previously been disclosed to the public with lawful
authority; (e)the disclosure is for the purposes of criminal proceedings
in any part of the United Kingdom and the information in question was not
obtained as a result of personal enquiries of the person subject to the
criminal proceedings under Regulation 4 above; or (f)the disclosure is
made to the Audit Commission for the purposes of any function of the Audit
Commission or an auditor under the Audit Commission Act 1998(1).

(2) In this Regulation and in Regulation 4 above, any reference to
documents includes a reference to information held by means of a computer
or in any other electronic form.

Furthermore, it is important to also note that even where an investigation
is undertaken by the Public Services Ombudsman for Wales, and referred
back to the Monitoring Officer either for investigation or for a hearing
before a Standards Committee the procedure under Part III of the Local
Government Act 2000 and related regulations at section 8 provides that a
Member may make representations to Standards Committee who can determine
whether the matter is heard in private or public. 

Both Section 40 and Section 44 are absolute exemptions and are not subject
to the public interest test.

In accordance with section 17 of the Freedom of Information Act 2000, this
is a Refusal Notice to provide the information that you have requested.

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
made within 40 working days of the date of receipt of the response to your
original letter and should be addressed to:

c/o The Monitoring Officer – [email address]

Or by post to The Monitoring Officer, Civic Offices, Holton Road, Barry,
CF63 4RU.

Please remember to quote the reference number above in any future
communications.

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.
The Information Commissioner can be contacted at:
Information Commissioner's Office - Wales

Second Floor, Churchill House

Churchill Way,

Cardiff

CF10 2HH

029 20678400 / Fax:029 20678399

[email address]

Yours sincerely

Information Governance Officer

Legal Services

Vale of Glamorgan Council / Cyngor Bro Morgannwg

tel / ffôn: 01446 700111

mob / sym:

e-mail / e-bost: [email address] or [email address]

Consider the environment. Please don't print this e-mail unless you really
need to.

Ystyriwch yr amgylchedd. Peidiwch ag argraffu'r neges hon oni bai fod gwir
angen.

Visit our Website at [2]www.valeofglamorgan.gov.uk

Ewch i'n gwefan yn [3]www.bromorgannwg.gov.uk

References

Visible links
1. https://ico.org.uk/for-organisations/gui...
2. http://www.valeofglamorgan.gov.uk/
3. http://www.bromorgannwg.gov.uk/