Dog fouling fine for Stephen Bennett

Josie Appleton made this Freedom of Information request to Sutton Borough 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 Sutton Borough Council,

I would like to know about your fines for dog control and dog fouling.

To make my request clear, I would like to know:

1. Whether you have cancelled the fine wrongfully issued to Stephen Bennett - for dog fouling his dog did not do.
http://www.suttonguardian.co.uk/news/952...

2. Whether you have proceedures in place for ensuring that the dog fouling fine is issued to the correct dog owner.

3. Whether you have proceedures in place for disciplining or otherwise holding to account officials found to have issued wrongful fines.

Yours faithfully,

Josie Appleton

Freedom Of Information, Sutton Borough Council

Dear <<Ms Appleton>>

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST - REF NO - <<F3994>> (please quote in correspondence)

I acknowledge your request for information received on << 27 March>> 2012.

Your request is being considered and, if it is held, you will receive the information requested within the statutory timescale of 20 working days as defined by the Freedom of Information Act 2000, subject to the information not being exempt or containing a reference to a third party.

If appropriate, the information may be provided in paper copy, normal font size. If you require alternative formats, e.g. language, audio, large print, etc. then please let me know.

For your information, the Act defines a number of exemptions which may prevent release of the information you have requested. There will be an assessment and if any of the exemption categories apply then the information will not be released. You will be informed if this is the case, including your rights of appeal.

If the information you request contains reference to a third party then they may be consulted prior to a decision being taken on whether or not to release the information to you. You will be informed if this is the case.

A fee may be payable for this information. This will be considered and you will be informed if a fee is payable. In this event the fee must be paid before the information is processed and released. The 20 working day time limit for responses is suspended until receipt of the payment.

Please be advised that in line with London Borough of Sutton’s commitment to transparency, in due course an anonymous copy of your request and our response may be published on our website.

Yours sincerely

FOI Admin Officer
London Borough of Sutton

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Eggett David, Sutton Borough Council

Dear Ms Appleton,

 

Freedom of Information request - Dog fouling fine for Stephen Bennett Ref
F3994 deadline 26 April

 

Please find below a response to your Freedom of Information request dated
26 March 2012.  

 

1.    Whether you have cancelled the fine wrongfully issued to Stephen

     Bennett - for dog fouling his dog did not do.

    
[1]http://www.suttonguardian.co.uk/news/952...

 

 

Answer: As stated in the Sutton Guardian article this case is currently
under investigation and a conclusion has yet to be reached. Even if a
decision had been reached the Local Authority is not in a position to
share the details of the case with you because it contains personal
information pertaining to Stephen Bennett. If you are able to provide us
with evidence that Stephen Bennett has consented to you accessing his
personal information on his behalf the Local Authority will review its
position. Until such a time that you are able to do this any details
relating to this case will be refused under sections 40(2) and 40(3)a)i)
of the Freedom of Information Act 2000 because disclosure of this
information would contravene the first data protection principle. Section
40(3)a)i) provides an absolute exemption which means that there is no test
of public interest or prejudice.

    

2.    Whether you have procedures in place for ensuring that the dog

     fouling fine is issued to the correct dog owner.

 

Answer: The Local Authority does have procedures in place for ensuring
that dog fouling fines are issued to the correct dog owner.

    

     3. Whether you have procedures in place for disciplining or

     otherwise holding to account officials found to have issued

     wrongful fines.

 

Answer: The Local Authority does have procedures in place for disciplining
or holding to account any officials who have issued wrongful fines.

If you are unhappy with the way in which your request has been handled you
have the right to ask for an internal review.  Please notify us in writing
as soon as possible and the grounds upon which you feel the appeal is
justified.  Internal review requests should be addressed to: Corporate
Customer Care Team, Civic Offices, St Nicholas Way, Sutton, Surrey, SM1
1EA or emailed to [2][Sutton Borough Council request email]

We will respond to you hopefully within 20 working days of receiving your
request for an internal review, if it is going to take longer we will let
you know. At the end of the appeal process if you remain unhappy you may
refer to the Information Commissioner. Further guidance is available from
their website [3]www.ico.gov.uk

Yours sincerely

David Eggett
Principal Environmental Health Officer

London Borough of Sutton
24 Denmark Road
Carshalton
SM5 2JG
020 8770 5574
020 8409 7060 (fax)

 

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