Eco Substainable Solutions Ltd

The request was refused by Bournemouth Borough Council.

Dear Bournemouth Borough Council,

I would like the following information:

1. The contract between (including all indexes appendices and supplements) between Bournemouth Borough Council and Eco Substainable Solutions Ltd
3. A itemize List ofpayments to Eco Substainable Solutions Ltd since the start of the contract

I would like to receive the information in electronic format.
if one part of this request can answered sooner than others please send that information first followed by any subsequest data.If you need further clarfication lease contact me by email at [email address]

I reserve the right to apeal your decision to withhold information orto charge excessive fees and understand under the act, I am entitled to a resonse within 20 working days. I would be greatful if you coulf confirm in writing that you have received my request

Yours faithfully,

stephen nash

Enquiries CED, Bournemouth Borough Council

Thank you for your enquiry, this has been received and we will respond as
soon as possible.

If you are submitting a request for information under the Freedom of
Information/Environmental Information Regulations this automated response
is formal acknowledgement that your request has been received by the
Council.  In most cases you will receive a response within 20 working
days.  If for any reason this is not possible you will be contacted and
advised accordingly.  

Meanwhile you may find the information you require on our website.
[1]www.bournemouth.gov.uk

Special Offer: FREE LED light bulbs & more!

For a limited time, many Bournemouth residents can get lots of free stuff
to help them cut energy bills at home. Various things make you eligible,
including being on a low income, having a health condition, having a child
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(8.45am till 5.30pm, Monday to Friday) or apply online anytime at:
[2]https://www.applyforleap.org.uk/ If you know other people who you think
could benefit from this service, please feel free to tell them

Kind Regards,

Customer Service team

Bournemouth Borough Council

References

Visible links
1. http://www.bournemouth.gov.uk/
http://www.bournemouth.gov.uk/
2. https://www.applyforleap.org.uk/

Dear Bournemouth Borough Council

My request is now overdue

Yours faithfully,

stephen nash

Enquiries CED, Bournemouth Borough Council

Thank you for your enquiry, this has been received and we will respond as
soon as possible.

If you are submitting a request for information under the Freedom of
Information/Environmental Information Regulations this automated response
is formal acknowledgement that your request has been received by the
Council.  In most cases you will receive a response within 20 working
days.  If for any reason this is not possible you will be contacted and
advised accordingly.  

Meanwhile you may find the information you require on our website.
[1]www.bournemouth.gov.uk

Special Offer: FREE LED light bulbs & more!

Many Bournemouth residents can get lots of free help to cut energy bills.
You are eligible if someone in your household receives certain benefits,
has a health condition or disability. [2]Check the Council website for
full details. If you are eligible, a Home Energy Advisor will visit and
install free energy saving measures – such as low energy LED lightbulbs,
smart extension leads, reflective radiator panels and draught-proofing to
wooden windows and doors (subject to the suitability of your home).

 

Phone to book your free home visit on 0800 060 7567 (8.45am till 5.30pm,
Monday to Friday) or apply online anytime at:
[3]https://www.applyforleap.org.uk/ If you know other people who you think
could benefit from this service, please tell them.

Kind Regards,

Customer Service team

Bournemouth Borough Council

References

Visible links
1. http://www.bournemouth.gov.uk/
http://www.bournemouth.gov.uk/
2. https://www.bournemouth.gov.uk/environme...
3. https://www.applyforleap.org.uk/

DEV&ENV-FOI & Complaints, Bournemouth Borough Council

1 Attachment

Dear Mr Nash

 

Environmental Information Regulations Request

 

I am writing to advise you that the information requests as copied below
are being dealt with. As the requests are of similar nature and all fall
under the Environmental Information Regulations and access regime we are
permitted to aggregate them and deal with as one. We are covered by the
same time limit for responding to your request for information under the
Environmental Information Regulations 2004, which we received on 11^th
August, and needs to be extended.

 

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20 working day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 days
because of the complexity  of the request and to consider possible
exceptions.

 

I hope to let you have a response by 6^th October 2017, and will keep you
informed of any further delay.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[1]http://www.bournemouth.gov.uk/ContactUs/...

 

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[2]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [email address]
VISIT OUR WEBSITE:  [3]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[4]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

 

DEV&ENV-FOI & Complaints, Bournemouth Borough Council

1 Attachment

Dear Mr Nash

 

Environmental Information Regulations Request

 

I am writing to advise you that the information requests as copied below
are being dealt with. As the requests are of similar nature and all fall
under the Environmental Information Regulations and access regime we are
permitted to aggregate them and deal with as one. We are covered by the
same time limit for responding to your request for information under the
Environmental Information Regulations 2004, which we received on 11^th
August, and needs to be extended.

 

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20 working day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 days
because of the complexity  of the request and to consider possible
exceptions.

 

I hope to let you have a response by 6^th October 2017, and will keep you
informed of any further delay.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[1]http://www.bournemouth.gov.uk/ContactUs/...

 

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[2]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [email address]
VISIT OUR WEBSITE:  [3]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[4]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

 

DEV&ENV-FOI & Complaints, Bournemouth Borough Council

1 Attachment

Dear Mr Nash,

 

Thank you for your multiple information requests received on 11^th August
2017, which has now been considered.

 

Environmental Information Regulations (EIR) Request – Detailed within the
5 emails below submitted via the ‘What Do They Know’ platform.

 

The Council cannot disclose the information you have requested in its
current form as it is covered by an exception under the regulations. I
have set out the reasons for this decision below.

 

In applying this exception we have had to balance the public interest in
withholding the information against the public interest in disclosure.

 

Exception Description Reason/Explanation
12(4) b which states that a public authority may refuse Please see below
to disclose information to the extent that the request
for information is manifestly unreasonable  

 

Regulation 12 (4) (b) which states that a public authority may refuse to
disclose information to the extent that the request for information is
manifestly unreasonable

 

The EIR allows public authorities to refuse a request for information that
is manifestly unreasonable. The purpose of the exception is to protect
public authorities from exposure to a disproportionate burden or an
unjustified level of disruption, in handling information requests. The
exception can be used when the cost of compliance with the request is too
great and resources are diverted.

 

Your request is broad in scope requiring ;

 

 A. current copy contract documentation expanding your requirements to
include itemised lists of payments for the current contracts to
date.    

 

B)   requesting copies of all letters, Emails, notes on telephone
conversation, notes on any meetings between Bournemouth Borough Council
and the named companies which involves detailed searches of officers email
accounts and records, which within information legislation is considered
to be unstructured information and not directly indexed within our records
management system requiring an excessive amount of officer time.  

                         

Guidance produced by the ICO states that in assessing the level of costs
that might be incurred in responding to a request, they suggest public
authorities use a rate of £25 per hour for any staff time involved. This
is in line with the rate applicable under FOIA by virtue of The Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004. This does not mean that the FOIA fees regulations apply to requests
that fall to be considered under the EIR. However, the ICO take these
regulations to give a clear indication of what Parliament considers to be
a reasonable charge for staff time.

 

If we were able to restrict and refine (within a single emailed request)
the scope of your request to exclude the element for unstructured
information a further request will be considered.

 

The public interest test

 

When regulation 12 (4) (b) is engaged, the Council must carry out the
public interest test in order to decide whether the information should be
withheld.

 

Considerations favouring disclosure

 

The reasons considered by the Council in favour of disclosure are as
follows:

 

o The Council acknowledges that there is a general public interest in
accountability and transparency in respect of Contracts entered into
for Refuse and Waste Services.

o There is a public interest in informing public understanding and the
basis upon which decisions are made by the Council and ensuring that
‘value for money’  is paramount in the spending of public money and
the services delivered.

 

 

Considerations favouring non-disclosure

 

The reasons considered by the Council to maintain the exception are as
follows:

 

o Processing this request would be a large burden in terms of officer
time, third party consultation and cost to the Council. This would
constitute a significant diversion of resources away from the
Council’s core business and would consequently have a proportionally
detrimental impact on its provision of services to the public.

 

As explained, If a revised single request is presented and refines the
scope of the enquiry to exclude the element for unstructured information,
consideration will be given.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[1]http://www.bournemouth.gov.uk/ContactUs/...

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[2]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [email address]
VISIT OUR WEBSITE:  [3]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[4]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

From: Michael Kellaway On Behalf Of DEV&ENV-FOI & Complaints
Sent: 14 September 2017 15:49
To: '[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>;
'[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>
Subject: Information Request; Nash 10495 Environment Waste Management
Contracts

 

Dear Mr Nash

 

Environmental Information Regulations Request

 

I am writing to advise you that the information requests as copied below
are being dealt with. As the requests are of similar nature and all fall
under the Environmental Information Regulations and access regime we are
permitted to aggregate them and deal with as one. We are covered by the
same time limit for responding to your request for information under the
Environmental Information Regulations 2004, which we received on 11^th
August, and needs to be extended.

 

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20 working day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 days
because of the complexity  of the request and to consider possible
exceptions.

 

I hope to let you have a response by 6^th October 2017, and will keep you
informed of any further delay.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[5]http://www.bournemouth.gov.uk/ContactUs/...

 

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[6]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [7][email address]
VISIT OUR WEBSITE:  [8]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[9]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

 

DEV&ENV-FOI & Complaints, Bournemouth Borough Council

1 Attachment

Dear Mr Nash,

 

Thank you for your multiple information requests received on 11^th August
2017, which has now been considered.

 

Environmental Information Regulations (EIR) Request – Detailed within the
5 emails below submitted via the ‘What Do They Know’ platform.

 

The Council cannot disclose the information you have requested in its
current form as it is covered by an exception under the regulations. I
have set out the reasons for this decision below.

 

In applying this exception we have had to balance the public interest in
withholding the information against the public interest in disclosure.

 

Exception Description Reason/Explanation
12(4) b which states that a public authority may refuse Please see below
to disclose information to the extent that the request
for information is manifestly unreasonable  

 

Regulation 12 (4) (b) which states that a public authority may refuse to
disclose information to the extent that the request for information is
manifestly unreasonable

 

The EIR allows public authorities to refuse a request for information that
is manifestly unreasonable. The purpose of the exception is to protect
public authorities from exposure to a disproportionate burden or an
unjustified level of disruption, in handling information requests. The
exception can be used when the cost of compliance with the request is too
great and resources are diverted.

 

Your request is broad in scope requiring ;

 

 A. current copy contract documentation expanding your requirements to
include itemised lists of payments for the current contracts to
date.    

 

B)   requesting copies of all letters, Emails, notes on telephone
conversation, notes on any meetings between Bournemouth Borough Council
and the named companies which involves detailed searches of officers email
accounts and records, which within information legislation is considered
to be unstructured information and not directly indexed within our records
management system requiring an excessive amount of officer time.  

                         

Guidance produced by the ICO states that in assessing the level of costs
that might be incurred in responding to a request, they suggest public
authorities use a rate of £25 per hour for any staff time involved. This
is in line with the rate applicable under FOIA by virtue of The Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004. This does not mean that the FOIA fees regulations apply to requests
that fall to be considered under the EIR. However, the ICO take these
regulations to give a clear indication of what Parliament considers to be
a reasonable charge for staff time.

 

If we were able to restrict and refine (within a single emailed request)
the scope of your request to exclude the element for unstructured
information a further request will be considered.

 

The public interest test

 

When regulation 12 (4) (b) is engaged, the Council must carry out the
public interest test in order to decide whether the information should be
withheld.

 

Considerations favouring disclosure

 

The reasons considered by the Council in favour of disclosure are as
follows:

 

o The Council acknowledges that there is a general public interest in
accountability and transparency in respect of Contracts entered into
for Refuse and Waste Services.

o There is a public interest in informing public understanding and the
basis upon which decisions are made by the Council and ensuring that
‘value for money’  is paramount in the spending of public money and
the services delivered.

 

 

Considerations favouring non-disclosure

 

The reasons considered by the Council to maintain the exception are as
follows:

 

o Processing this request would be a large burden in terms of officer
time, third party consultation and cost to the Council. This would
constitute a significant diversion of resources away from the
Council’s core business and would consequently have a proportionally
detrimental impact on its provision of services to the public.

 

As explained, If a revised single request is presented and refines the
scope of the enquiry to exclude the element for unstructured information,
consideration will be given.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[1]http://www.bournemouth.gov.uk/ContactUs/...

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[2]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [email address]
VISIT OUR WEBSITE:  [3]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[4]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

From: Michael Kellaway On Behalf Of DEV&ENV-FOI & Complaints
Sent: 14 September 2017 15:49
To: '[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>;
'[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>
Subject: Information Request; Nash 10495 Environment Waste Management
Contracts

 

Dear Mr Nash

 

Environmental Information Regulations Request

 

I am writing to advise you that the information requests as copied below
are being dealt with. As the requests are of similar nature and all fall
under the Environmental Information Regulations and access regime we are
permitted to aggregate them and deal with as one. We are covered by the
same time limit for responding to your request for information under the
Environmental Information Regulations 2004, which we received on 11^th
August, and needs to be extended.

 

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20 working day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 days
because of the complexity  of the request and to consider possible
exceptions.

 

I hope to let you have a response by 6^th October 2017, and will keep you
informed of any further delay.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[5]http://www.bournemouth.gov.uk/ContactUs/...

 

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[6]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [7][email address]
VISIT OUR WEBSITE:  [8]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[9]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

 

DEV&ENV-FOI & Complaints, Bournemouth Borough Council

1 Attachment

Dear Mr Nash,

 

Thank you for your multiple information requests received on 11^th August
2017, which has now been considered.

 

Environmental Information Regulations (EIR) Request – Detailed within the
5 emails below submitted via the ‘What Do They Know’ platform.

 

The Council cannot disclose the information you have requested in its
current form as it is covered by an exception under the regulations. I
have set out the reasons for this decision below.

 

In applying this exception we have had to balance the public interest in
withholding the information against the public interest in disclosure.

 

Exception Description Reason/Explanation
12(4) b which states that a public authority may refuse Please see below
to disclose information to the extent that the request
for information is manifestly unreasonable  

 

Regulation 12 (4) (b) which states that a public authority may refuse to
disclose information to the extent that the request for information is
manifestly unreasonable

 

The EIR allows public authorities to refuse a request for information that
is manifestly unreasonable. The purpose of the exception is to protect
public authorities from exposure to a disproportionate burden or an
unjustified level of disruption, in handling information requests. The
exception can be used when the cost of compliance with the request is too
great and resources are diverted.

 

Your request is broad in scope requiring ;

 

 A. current copy contract documentation expanding your requirements to
include itemised lists of payments for the current contracts to
date.    

 

B)   requesting copies of all letters, Emails, notes on telephone
conversation, notes on any meetings between Bournemouth Borough Council
and the named companies which involves detailed searches of officers email
accounts and records, which within information legislation is considered
to be unstructured information and not directly indexed within our records
management system requiring an excessive amount of officer time.  

                         

Guidance produced by the ICO states that in assessing the level of costs
that might be incurred in responding to a request, they suggest public
authorities use a rate of £25 per hour for any staff time involved. This
is in line with the rate applicable under FOIA by virtue of The Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004. This does not mean that the FOIA fees regulations apply to requests
that fall to be considered under the EIR. However, the ICO take these
regulations to give a clear indication of what Parliament considers to be
a reasonable charge for staff time.

 

If we were able to restrict and refine (within a single emailed request)
the scope of your request to exclude the element for unstructured
information a further request will be considered.

 

The public interest test

 

When regulation 12 (4) (b) is engaged, the Council must carry out the
public interest test in order to decide whether the information should be
withheld.

 

Considerations favouring disclosure

 

The reasons considered by the Council in favour of disclosure are as
follows:

 

o The Council acknowledges that there is a general public interest in
accountability and transparency in respect of Contracts entered into
for Refuse and Waste Services.

o There is a public interest in informing public understanding and the
basis upon which decisions are made by the Council and ensuring that
‘value for money’  is paramount in the spending of public money and
the services delivered.

 

 

Considerations favouring non-disclosure

 

The reasons considered by the Council to maintain the exception are as
follows:

 

o Processing this request would be a large burden in terms of officer
time, third party consultation and cost to the Council. This would
constitute a significant diversion of resources away from the
Council’s core business and would consequently have a proportionally
detrimental impact on its provision of services to the public.

 

As explained, If a revised single request is presented and refines the
scope of the enquiry to exclude the element for unstructured information,
consideration will be given.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[1]http://www.bournemouth.gov.uk/ContactUs/...

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[2]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [email address]
VISIT OUR WEBSITE:  [3]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

[4]http://biz/ichub/PublishingImages/Excell...

Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

From: Michael Kellaway On Behalf Of DEV&ENV-FOI & Complaints
Sent: 14 September 2017 15:49
To: '[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>;
'[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>
Subject: Information Request; Nash 10495 Environment Waste Management
Contracts

 

Dear Mr Nash

 

Environmental Information Regulations Request

 

I am writing to advise you that the information requests as copied below
are being dealt with. As the requests are of similar nature and all fall
under the Environmental Information Regulations and access regime we are
permitted to aggregate them and deal with as one. We are covered by the
same time limit for responding to your request for information under the
Environmental Information Regulations 2004, which we received on 11^th
August, and needs to be extended.

 

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20 working day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 days
because of the complexity  of the request and to consider possible
exceptions.

 

I hope to let you have a response by 6^th October 2017, and will keep you
informed of any further delay.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[5]http://www.bournemouth.gov.uk/ContactUs/...

 

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[6]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [7][email address]
VISIT OUR WEBSITE:  [8]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

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DEV&ENV-FOI & Complaints, Bournemouth Borough Council

1 Attachment

Dear Mr Nash,

 

Thank you for your multiple information requests received on 11^th August
2017, which has now been considered.

 

Environmental Information Regulations (EIR) Request – Detailed within the
5 emails below submitted via the ‘What Do They Know’ platform.

 

The Council cannot disclose the information you have requested in its
current form as it is covered by an exception under the regulations. I
have set out the reasons for this decision below.

 

In applying this exception we have had to balance the public interest in
withholding the information against the public interest in disclosure.

 

Exception Description Reason/Explanation
12(4) b which states that a public authority may refuse Please see below
to disclose information to the extent that the request
for information is manifestly unreasonable  

 

Regulation 12 (4) (b) which states that a public authority may refuse to
disclose information to the extent that the request for information is
manifestly unreasonable

 

The EIR allows public authorities to refuse a request for information that
is manifestly unreasonable. The purpose of the exception is to protect
public authorities from exposure to a disproportionate burden or an
unjustified level of disruption, in handling information requests. The
exception can be used when the cost of compliance with the request is too
great and resources are diverted.

 

Your request is broad in scope requiring ;

 

 A. current copy contract documentation expanding your requirements to
include itemised lists of payments for the current contracts to
date.    

 

B)   requesting copies of all letters, Emails, notes on telephone
conversation, notes on any meetings between Bournemouth Borough Council
and the named companies which involves detailed searches of officers email
accounts and records, which within information legislation is considered
to be unstructured information and not directly indexed within our records
management system requiring an excessive amount of officer time.  

                         

Guidance produced by the ICO states that in assessing the level of costs
that might be incurred in responding to a request, they suggest public
authorities use a rate of £25 per hour for any staff time involved. This
is in line with the rate applicable under FOIA by virtue of The Freedom of
Information and Data Protection (Appropriate Limit and Fees) Regulations
2004. This does not mean that the FOIA fees regulations apply to requests
that fall to be considered under the EIR. However, the ICO take these
regulations to give a clear indication of what Parliament considers to be
a reasonable charge for staff time.

 

If we were able to restrict and refine (within a single emailed request)
the scope of your request to exclude the element for unstructured
information a further request will be considered.

 

The public interest test

 

When regulation 12 (4) (b) is engaged, the Council must carry out the
public interest test in order to decide whether the information should be
withheld.

 

Considerations favouring disclosure

 

The reasons considered by the Council in favour of disclosure are as
follows:

 

o The Council acknowledges that there is a general public interest in
accountability and transparency in respect of Contracts entered into
for Refuse and Waste Services.

o There is a public interest in informing public understanding and the
basis upon which decisions are made by the Council and ensuring that
‘value for money’  is paramount in the spending of public money and
the services delivered.

 

 

Considerations favouring non-disclosure

 

The reasons considered by the Council to maintain the exception are as
follows:

 

o Processing this request would be a large burden in terms of officer
time, third party consultation and cost to the Council. This would
constitute a significant diversion of resources away from the
Council’s core business and would consequently have a proportionally
detrimental impact on its provision of services to the public.

 

As explained, If a revised single request is presented and refines the
scope of the enquiry to exclude the element for unstructured information,
consideration will be given.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[1]http://www.bournemouth.gov.uk/ContactUs/...

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[2]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [email address]
VISIT OUR WEBSITE:  [3]www.bournemouth.gov.uk
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Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.

 

 

From: Michael Kellaway On Behalf Of DEV&ENV-FOI & Complaints
Sent: 14 September 2017 15:49
To: '[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>;
'[email address]'
<[email address]>;
'[FOI #424724 email]'
<[FOI #424724 email]>
Subject: Information Request; Nash 10495 Environment Waste Management
Contracts

 

Dear Mr Nash

 

Environmental Information Regulations Request

 

I am writing to advise you that the information requests as copied below
are being dealt with. As the requests are of similar nature and all fall
under the Environmental Information Regulations and access regime we are
permitted to aggregate them and deal with as one. We are covered by the
same time limit for responding to your request for information under the
Environmental Information Regulations 2004, which we received on 11^th
August, and needs to be extended.

 

The Regulations allow us 20 working days to respond to your request from
the date of its receipt. However, it is occasionally necessary to extend
the 20 working day time limit for issuing a response. In this case, I
regret that we must extend the time limit for responding by 20 days
because of the complexity  of the request and to consider possible
exceptions.

 

I hope to let you have a response by 6^th October 2017, and will keep you
informed of any further delay.

 

If you are dissatisfied with this response you can ask for a review, which
will be dealt with through the Council’s complaints procedure. Details of
the complaints procedure can be found at:
[5]http://www.bournemouth.gov.uk/ContactUs/...

 

 

If you are dissatisfied with the outcome of the Council’s review you have
the right to refer the matter to the Information Commissioner’s Office.
Contact details for the Information Commissioner can be found at:
[6]https://ico.org.uk/

 

 

Yours sincerely

 

Mike Kellaway  MCMI
Business Support Manager/Information Asset Advisor
For Environment and Development Services

 

e-mail: [7][email address]
VISIT OUR WEBSITE:  [8]www.bournemouth.gov.uk
Please save paper and only print what is necessary.

 

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Please be aware that my GCSX email account is now closed.  All emails sent
to this closed GCSX account will be automatically forwarded to my standard
Bournemouth Council email account until 30 June 2017. After this date they
will not be redirected. Please use my standard Bournemouth Council email
account from now on.