Discussions about the sale of 399-401 Tottenham High Road, T. Chances (2008 to Present)

The request was partially successful.

Dear Charity Commission for England and Wales,

I am requesting information which you possess regarding discussions (between 2008 and the present) regarding the sale of 399-401 High Road (N17 6QN), property belonging to the Tottenham War Services Institute charitable trust (217176).

Yours faithfully,

Justin Katko

FOI Requests, Charity Commission for England and Wales

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RIGA FOI (Queue), Charity Commission for England and Wales

Dear Mr Katko

Thank you for your email requesting information regarding discussions
regarding the sale of 399-401 High Road.  I have dealt with your request
under the Freedom of Information Act 2000.

Having examined our paper and electronic records, I can confirm that the
information you have requested is not held by the Charity Commission.

If you think our decision is wrong, you can ask for it to be reviewed. 
Such requests should be submitted within three months of the date of our
response and should be addressed to the Charity Commission at PO Box 211,
Bootle L20 7YX (email: [email address])
More information about our Freedom of Information Act review service can
be found on the following link on our website:  
[1]https://www.gov.uk/government/uploads/sy....

If, after this, you remain unhappy with the decision, you may apply
directly to the Information Commissioner (ICO) for a decision.  Generally,
the ICO cannot make a decision unless you have exhausted our review
procedure.  The ICO  can be contacted at the Information Commissioner’s
Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (email:
[2][email address].)

Yours sincerely

Debbie Fleming

W: [3]https://www.gov.uk/charity-commission

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Dear Charity Commission for England and Wales,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Charity Commission for England and Wales's handling of my FOI request 'Discussions about the sale of 399-401 Tottenham High Road, T. Chances (2008 to Present)'.

My request of 24.07.18 read: "I am requesting information which you possess regarding discussions (between 2008 and the present) regarding the sale of 399-401 High Road (N17 6QN), property belonging to the Tottenham War Services Institute charitable trust (217176)."

The Commission answered on 20.08.18: "Having examined our paper and electronic records, I can confirm that the information you have requested is not held by the Charity Commission."

I am requesting a Review of the Commission's response, in light of the following information. On 10.01.18, Lynsey Halliday (a Senior Case Manager for Regulatory Compliance at the Commission) wrote this email to Lucy Beynon, under reference number CRM 0282219, in response to Ms. Beynon's request for information about the potential sale of 399-401 High Road: "With reference to your request as to whether there has been an application for selling of the property, I shall look into this for you and provide a separate response under the Freedom of Information Act 2000." Ms. Halliday followed up this email on 23.03.18, under reference number CRM 0282287, writing: "I apologise for the delay in responding, which is due to other work commitments. I can confirm that the trustees have not formally requested permission to sell the building, however we are aware that they have discussed the possibility. As you quite rightly identify, the trustees would need the consent of the Commission to sell the property and if/when that application is made they would have to provide the reasons for sale, explain why it is in the best interest of the charity and what they intend to do with the proceeds of sale. This will then inform our decision on whether we provide consent or decline the request. I hope this answers your question."

My request for a Review of the Commission's response to my FOI request is based on the disparity between the Commission saying on the one hand that they do not possess information pertaining to discussions about selling the building, and then saying on the other hand that they are aware of discussions about selling the building. How can the Commission be simultaneously aware and not aware of certain information?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Many thanks for your assistance.

Yours faithfully,

Justin Katko

FOI Requests, Charity Commission for England and Wales

Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
If you have used this email address for a query that is not an FOI
request, we will not reply.
 
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This is an automated email. Please do not reply to this email.
 
 
  ________________________________  
On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at [2]www.charitycommission.gov.uk. Remember to file on time and
use our online services.

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Dear FOI Requests,

I continue to await a reply to my request. By law, you should have responded by now.

Thank you.

Yours sincerely,

Justin Katko

FOI Requests, Charity Commission for England and Wales

Thank you for submitting your Freedom of Information (FOI) request to the
Charity Commission. We will respond within 20 working days.
 
If you have used this email address for a query that is not an FOI
request, we will not reply.
 
Please contact [1]Charity Commission to resubmit general enquiries.
 
This is an automated email. Please do not reply to this email.
 
 
  ________________________________  
On track to meet your filing deadline? Charities have ten months from
their financial year end to file their Annual Return and Accounts. Find
out more at [2]www.charitycommission.gov.uk. Remember to file on time and
use our online services.

Want to know more about how we handle your data? See the Charity
Commission’s Personal information charter
[3]https://www.gov.uk/government/organisati...

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RIGA Casework (Queue), Charity Commission for England and Wales

 

Dear Mr Katko,

Thank you for your email of 20 August 2018, asking for an internal review
of the response that you received to your request under the Freedom of
Information Act 2000.

I apologise for the delay in providing you with a response.

I have taken forward your request for a review.

Background

On 24 July 2018, you asked for the following information from the
Commission:

"I am requesting information which you possess regarding discussions
(between 2008 and the present) regarding the sale of 399-401 High Road
(N17 6QN), property belonging to the Tottenham War Services Institute
charitable trust (217176).

The Commission responded on 20 August 2018, confirming that the
information was not held by the Commission.

You requested a review of our decision on 20 August 2018 on the basis of
correspondence which you say indicates that the Commission was aware of
discussions about selling the building.

Decision Review

I have considered afresh your request of 24 July 2018.  I disagree with
our initial response and my conclusion is that we should seek
clarification from you regarding your request as it is unclear what
information you are specifically requesting. 

In your request, you refer to discussions regarding the sale of property,
but it is not clear what you mean, in this context, by discussions or the
identity of the parties to these discussions.  It would be helpful if you
could clarify your request to specify more precisely the information you
are looking for, and we will consider your request again. (I would point
out that even if we hold the information requested, we may decide to apply
an appropriate exemption and withhold it from disclosure).

If you remain unhappy with our decision made under the Freedom of
Information Act, you may apply directly to the Information Commissioner
(ICO).  The ICO can be contacted at the Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (email:
[1][email address].)

Yours sincerely,

 

Lucy Breakspere

Complaints and Freedom of Information Manager

 

 

 

W: [2]https://www.gov.uk/charity-commission

 

 

 

 

 

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Dear RIGA Casework (Queue),

Thank you for your reply to your email.

You say that you disagree with your initial response to my FOI Request. This is because you do have information about the Tottenham War Services Institute's discussions about selling 399-401 High Road (N17 6QN), a community centre serving vulnerable residents of Tottenham. The fact that you have this information had already been admitted in an email sent by Charity Commission employee Lynsey Halliday on 10/01/18, even though you denied possessing such information in your reply of 20/10/18. As 399-401 High Road is owned by a charitable trust for the use and benefit of local residents, it is in the interests of those residents to know whether the trust is planning to sell that property.

By way of clarification, please allow me to narrow my initial request. I want you to provide me with any information you have regarding the potential sale, transfer, lease, or development of 399-401 High Road from 2012 to 2016 (inclusive). Provide details of any conflicts of interest registered by trustees of the Tottenham War Services Institute in relation to this potential sale, transfer, lease, or development. Provide any documents or notes that you have relating to this. Include information on any money that passed into the Tottenham War Services Institute as a result of such discussions or arrangements. Include the names of any interested parties (be they individuals or business entities), and the dates on which any such discussions took place or documents were drafted.

Thank you very much.

Yours sincerely,

Justin Katko

RC Landing & Correspondence (Queue), Charity Commission for England and Wales

2 Attachments

Dear Mr Katko

Thank you for your email below and please find the attached response.

Yours sincerely

Claire Butler

W: [1]https://www.gov.uk/charity-commission

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RC Landing & Correspondence (Queue), Charity Commission for England and Wales

2 Attachments

Dear Mr Katko

Thank you for your email below and please find the attached response.

Yours sincerely

Claire Butler

W: [1]https://www.gov.uk/charity-commission

[2]Twitter Follow us on Twitter | @ChtyCommission
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