EEA Family Member right to vote

The request was refused by South Hams District Council.

Dear South Hams District Council,

can you please outline any information you store which states whether a family member of an eea national, resident within the uk, is elegible to vote in any elections (and therefore elegible to register on the electoral register).

I am aware that Directive 2004/38/EC outlines that such family members must be given equal treatment to british citizens.

Thank you.

Yours faithfully,

Sukwant Singh

Dear South Hams District Council,

Further to my request 211650 on what do they know today, can you please provide me a list outlining the nationality of all registered voters. can you please provide a breakdown by either area, or registered voting stations.

Yours faithfully,

Sukwant Singh

Dear Sukwant

Thank you for your email of 15 May 2014 requesting information about the electoral register

Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.

If you have any queries about this request do not hesitate to contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely

Anna Gribble
Freedom of Information Officer
South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE
01803 861113

Email: [South Hams District Council request email]
Web: www.southhams.gov.uk

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Apologies for missing the reference number from my earlier message - its SH/309/14

Yours sincerely

Anna Gribble
Freedom of Information Officer
South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE
01803 861113

Email: [South Hams District Council request email]
Web: www.southhams.gov.uk

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Dear South Hams District Council,

I submitted a FOI request to yourselves (EEA Family Member right to vote) The full request can be seen online: https://www.whatdotheyknow.com/request/e...

Your response is late.

Please respond ASAP with the information requested.

I am also raising a formal complaint in relation to the manner in which my request has been handled.

Yours faithfully,

Sukwant Singh

Dear Mr Singh

Please accept my apologies for the delay in responding to your request and in not advising you of the likely delay. I am endeavouring to gather the information requested from the appropriate team and will get it to you as soon as possible.

Yours sincerely

Anna Gribble
Freedom of Information Officer
South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE
01803 861113

Email: [South Hams District Council request email]
Web: www.southhams.gov.uk

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Dear SH-FOI,

SH/309/14

Anna, thank you for replying. Can you please confirm receipt of my Internal Review request.

I understand that you are still searching for the information I requested. I would like this information releasing as soon as is practical.

If you could release a partial set of information I would appreciate this greatly.

I was rather disappointed that you failed to inform me of a delay to my request. Please could you release all notes, case files and internal communication in relation to the handling of my Freedom of Information request. I would be happy for this release to be dealt with within my internal review request, or as a fresh freedom of information request (whichever is easier for yourselves).

Yours sincerely,

Sukwant Singh

Dear Mr Singh

Thank you for your message - I can confirm your request for an internal review was received and will forward to the investigating officer, Becky Fowlds, Solicitor, (email: [email address]) unless you have already contacted her direct.

I have today received comments from the Returning Officer pertaining to your request which I wish to clarify before sending you a formal response. To that end I would request an extension of up to 5 further working days to ensure that my final response to you is correct but will send the response as soon as I have clarified the matter.

I apologise once again that this request has suffered such delays.

I will ensure that all correspondence relating to you request is available to Mrs Fowlds for her internal review and will also ensure she is aware of your request for it to be released as part of her investigation.

Yours sincerely,

Anna Gribble
Freedom of Information Officer
South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE
01803 861113

Email: [South Hams District Council request email]
Web: www.southhams.gov.uk

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Dear Mr Singh

Further to our recent correspondence regarding your Freedom of Information request, please see below the response from the Electoral Registration Officer, Janet Montague:

I refer to your request under the Freedom of Information Act regarding the Register of Electors. The registration of electors is governed by the Representation of the People Act 1983 as amended. Under Section 8 of the Act, the council must appoint an officer of the council to be the registration officer for any constituency or part of a constituency coterminous with or situated in the council’s area. I am the appointed officer for the registration area of South Hams District Council.

The Electoral Registration Officer does not carry out the duties on behalf of the local authority but in their own personal capacity. A list of public bodies and local authorities that are subject to the provisions of the Freedom of Information Act is included in Schedule 1 to the Freedom of Information Act 2000 which can be viewed here:

http://www.legislation.gov.uk/ukpga/2000...

As you will see, the Freedom of Information Act does not list any person appointed under the Representation of the People Act 1983. It follows that the Electoral Registration Officer, Returning Officer or any other person appointed under the Act are not subject to the provisions of the Freedom of Information Act.

Notwithstanding that, I do not have any information regarding EEA nationals resident within the UK and I do not have the polling station information which you have requested.

I am aware that you wish for the handling of your request to be the subject of an internal review and I have informed Mrs Fowlds, the investigating officer of this. Should you wish to contact her directly, this can be done using the following email address email: [email address]

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
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Anna Gribble
Freedom of Information Officer
South Hams District Council
Follaton House
Plymouth Road
Totnes
TQ9 5NE
01803 861113

Email: [South Hams District Council request email]
Web: www.southhams.gov.uk

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