Do you allow the public to record their calls with you ?

Andrew Peacher made this Freedom of Information request to Tendring District Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Tendring District Council,

1) Are Service Users clients customers the general public allowed to audio-visually record meeting and calls with your staff? If so, do they require permission or are they permitted to do so covertly? For eg with staff social workers police etc.

2) Do you have any guidance or policy for the public or service users to record calls when they speak to your staff

3) What is your organisations protocol understanding on using the Dransfield vexastious ruling and how many times has it been used have any one said the ruling or your reply was not fair how many people got a appeal overturned in their favour when dransfield was used incorrectly. .

4) Do you Inform Users they can record. If the answer is no what is the reason for this please if so do send me a copy.

5) Are service users made aware of their right to record the encounter, if they choose to do so? Is this reflected in you policy document on the matter?

6) Does your organisation have an “Unacceptable Behaviour” policy? If so, please can you provide me with a copy? Regarding court staff the public or the court itself.

7) If such a policy contains points of objectionable behaviour such as telephones calls being recorded by the caller due to them being not necessary or unwanted or needed, and furthermore the staff members may feel threatened or apprehensive, are you aware that denying users the right to record calls goes against the current UK laws.

8) Are your policies and procedures compliant with the public right to audio-visually record encounters with your staff, without their consent? If not, will you provide appropriate training for your staff so they are fully informed of the Public right to record? If so what law guides you a link or copy please.

9) What is our organisations current charging policy for Freedom of Information requests (FOI) or Subject Access Requests (SAR)? If charges are applied are concessions available for those on low income or students?

10) What is your organisations complaints policy? Please can you forward me a copy? Does your complaints procedure permit service users evidence such as covert call recordings to form part of the investigation?

http://www.freedomtalkradio.co.uk/uk-sur...

Yours faithfully,

Andrew Peacher

Corporate Information Manager, Tendring District Council

Dear Mr Preacher,

 

Thank you for your request for information which was received on
22/10/18.  I can confirm that your enquiry is receiving attention.

 

In accordance with the provisions of the Freedom of Information Act 2000
you should receive a comprehensive reply to your request by 21/11/18
unless the Council does not hold the information or there is a reason for
it to be withheld.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving and extracting information and/or the cost for disbursements
such as photocopying and postage.  If this applies, a Fees Notice will be
issued to you with details of any costs involved and you will be required
to pay this before I can proceed to deal with your request.

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686512
E-mail: [1][Tendring District Council request email] 

[2]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

 

 

 

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with appropriately and/or to comply with legislative requirements.

Tendring District Council does not accept service of legal documents by
e-mail.

References

Visible links
1. mailto:[Tendring District Council request email]
2. http://www.tendringdc.gov.uk/
3. https://www.tendringdc.gov.uk/council/yo...

Corporate Information Manager, Tendring District Council

2 Attachments

  • Attachment

    Corporate Complaints Procedure MASTER September 2018 640.pdf

    162K Download View as HTML

  • Attachment

    Corporate Complaints Procedure Persistent Vexatious and Unreasonable Complainant Behaviour MASTER 640.doc

    324K Download View as HTML

Dear Mr Preacher,

 

Further to your FOI request received on 20/10/18, please find below and
attached the answers to your enquiry.

 

1)          Are Service Users clients customers  the general public
allowed to audio-visually record meeting and calls with your staff? If so,
do they require permission or are they permitted to do so covertly?  For
eg with staff social workers police etc.

-Tendring District Council does not currently have a policy in this
regard. However, all staff have personal rights under Data Protection
Legislation.

 

2)          Do you have any guidance or policy for the public or service
users to record calls when they speak to your staff

-Tendring District Council does not currently have a policy in this
regard. However, all staff have personal rights under rights under Data
Protection Legislation.

 

3)          What is your organisations protocol understanding on using the
Dransfield vexastious ruling and how many times has it been used have any
one said the ruling or your reply was not fair how many people got a
appeal overturned in their favour when dransfield was used incorrectly.

-The Council has a policy on Guidance for Dealing with Persistent,
Vexatious and Unreasonable Complainant Behaviour which is attached. This
is the process that is followed when we consider that a complainant may be
persistent, vexatious or unreasonable. The Council has dealt with two
complainants under this policy. The Council has had  no ruling judged as
being unfair and no-one has had an appeal overturned in their favour.

 

4)          Do you Inform Users they can record. If the answer is no what
is the reason for this please if so do send me a copy.

-As stated above Tendring District Council does not have a policy in this
regard.

 

5)          Are service users made aware of their right to record the
encounter, if they choose to do so? Is this reflected in you policy
document on the matter?

- As stated above, Tendring District Council does not have a policy in
this regard.

 

6)          Does your organisation have an “Unacceptable Behaviour”
policy? If so, please can you provide me with a copy? Regarding court
staff the public or the court itself.

- Tendring District Council does not have an ‘Unacceptable Behaviour
Policy’, we have a policy on Guidance for Dealing with Persistent,
Vexatious and Unreasonable Complainant Behaviour which is attached.
Tendring District Council has no dealings with the courts.

 

7)          If such a policy contains points of objectionable behaviour
such as telephones calls being recorded by the caller due to them being
not necessary or unwanted or needed, and furthermore the staff members may
feel threatened or apprehensive, are you aware that denying users the
right to record calls goes against the current UK laws.

-Not applicable.

8)          Are your policies and procedures compliant with the public
right to audio-visually record encounters with your staff, without their
consent? If not, will you provide appropriate training for your staff so
they are fully informed of the Public right to record? If so what law
guides you a link or copy please.

-Not applicable.

 

9)          What is our organisations current charging policy for Freedom
of Information requests (FOI) or Subject Access Requests (SAR)? If charges
are applied are concessions available for those on low income or students?

-In accordance with current legislation Tendring District Council does not
charge any fee for Subject Access Requests (SAR) (one free copy of
requested data). In regards to Freedom of Information Requests (FOI), in
certain circumstances, a fee may be payable, under section 12 of the
Freedom of Information Act 2000, for determining, locating, retrieving and
extracting information and/or the cost for disbursements such as
photocopying and postage. As per the legislation the cost limit that
Tendring District Council follows is calculated at a flat rate of £25 per
hour, at a total of £450 (18 hours). If the estimated cost is equal to or
less than £450, then no charge will be made for responding to a request.
If we estimate that the cost of complying with a request will exceed £450
we will try to advise on how to refine a request, in order to see if it
can be brought within this limit. However, in exceptional circumstances we
may (at our sole discretion) be prepared to respond to requests which
exceed this limit. Where we agree to respond to requests which exceed the
£450 limit, we will charge requestors for the time spent by our staff (or
contractors) at a rate of £25 per hour. In any such case, Tendring
District Council would issue a Fees Notice in advance detailing any costs
associated with the request so that the applicant can choose whether to
continue.  No concessions are applicable.

10)        What is your organisations complaints policy? Please can you
forward me a copy? Does your complaints procedure permit service users
evidence such as covert call recordings to form part of the investigation?

-The Council’s Complaints Procedure is attached. The procedure is silent
on the use of covert callings for investigation.

 

 

I hope this information is of assistance to you. However if you feel that
the Council have failed to deal with your request for information
correctly you can request that the matter is reviewed in accordance with
the Authority's Complaints Procedure. Requests for internal reviews should
be sent to Mrs L Trembath, Corporate Services, Town Hall, Station Road,
Clacton-on-Sea, Essex CO15 1SE.  Further details of this procedure can be
obtained from all Council offices or from our website
([1]www.tendringdc.gov.uk).

                                  

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:

 

FOI Compliance Team (complaints), Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

 

If you have any other queries about this matter then please contact me.

 

 

Kind regards,

 

Charlene Haynes
On behalf of Corporate Information Manager

Corporate Services

Tendring District Council

 

Phone: 01255 686512
E-mail: [2][Tendring District Council request email] 

[3]www.tendringdc.gov.uk

Tendring District Council, Town Hall, Station Road, Clacton-on-Sea, Essex
CO15 1SE

 

--------------------------------------------------------------------------

The Council’s Privacy Notice is available on its website : [4]PRIVACY
NOTICE

This email may contain Copyright Material and/or sensitive or protectively
marked/classified material. The email is intended for the named
addressee(s). Unless you are the named addressee (or authorised to receive
it for the addressee), you may not copy, use it, or disclose it to anyone
else. If you have received this transmission in error please notify the
sender immediately. All email traffic may be subject to recording and/or
monitoring in accordance with relevant legislation. Correspondence sent to
the Council may be shared internally and/or with legitimate and authorised
external organisations to enable the matter contained therein to be dealt
with appropriately and/or to comply with legislative requirements.

Tendring District Council does not accept service of legal documents by
e-mail.

References

Visible links
1. http://www.tendringdc.gov.uk/
2. mailto:[Tendring District Council request email]
3. http://www.tendringdc.gov.uk/
4. https://www.tendringdc.gov.uk/council/yo...