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Egremont South Ward By Election

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Dear Copeland Borough Council,

Section 87(2) of the LGA 1972 requires that when a casual vacancy occurs at the borough council a notice will be displayed advertising that vacancy, and section 89 (1)(b) requires that 2 local electors must write to the returning officer requesting that the vacancy is filled by an election. Could you please therefore supply me with a copy of the notice of vacancy that was posted for the current vacancy in the Egremont South Ward and also a copy of the required notice received from the 2 local electors?

I fully appreciate that the lack of a notice on your website may be due to the recent cyber attack.

Yours faithfully,

Sarah Johnson

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Madam,

 

I am again writing to you in relation to your recent Freedom of
Information request to Copeland Borough Council dated 04 October 2017
which is reproduced below.

 

Copeland Borough Council remains committed to openness and transparency
and does hold some recorded information in answer to your query. However
due to the circumstances outlined below and the current well documented
recent situation around IT capabilities we do not, at this stage intend to
disclose this information. There are concerns around pseudomisation and
identification issues and as a public authority we have to ensure that all
such requests are both legitimate and valid. There is a danger that some
enquiries may be submitted to circumvent the legislation and we must
remain committed to providing the best professional service possible to
the general public.

 

In this regard and following the advice we have received from the
Information Commissioners Office (ICO) which relates to Freedom of
Information (FOI) requests made via social media and whatdotheyknow.com,
'Public authorities do not need to respond to such requests for
information unless the requestor's real name is clear. If their name is
not clear, for example their username is a pseudonym or only contains part
of their real name, the request is not valid'.

 

A request for information is not valid if it does not, in accordance with
s.8 (1b) Freedom of Information Act 2000 (FOIA), state the name of the
applicant and an address for correspondence. As we believe your request
uses a pseudonym instead of your actual name we do not consider it to be a
valid request. Accordingly, we are not obliged to respond to it.

 

However, the ICO does recommend that should you wish to resubmit your
request using your real name then we will be able to process and provide a
response to your request.

 

In order to fulfil your requirements, I have also been authorised to
invite you personally to attend the Copeland Centre, Catherine Street,
Whitehaven where we can discuss the issues raised. I am more than happy to
arrange such a visit at your convenience.

 

Should you decide to decline the invitation I would make a respectful
request for acceptable identification which could be in the form of a
driving license, utility bill or something similar that establishes your
full name, date of birth and address with photo ID. An original copy of
the proof of identity document should be sent to the below address, or
produced in person.

I will place this request 6451/17 on hold pending receipt of
identification from you. Please note that if no identification is received
within 20 working days, the request will be withdrawn.

 

I hope this response is acceptable to you and that you appreciate the
safeguards that have to be adopted, but do not hesitate to contact me if
you wish to clarify anything further.

 

The Council makes every effort to make sure that the services it provides
are as efficient and effective as possible, and this includes any requests
under the Freedom of Information Act.

 

If you believe that your request has not been dealt with satisfactorily
you should follow the Council’s complaints procedure.

 

If you have followed the complaints procedure and are still not happy with
how your request has been dealt with you may also contact the:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry/Information Line: 01625 545 745

Where you will also find further guidance about submitting a freedom of
information request: [1]www.ico.org.uk

 

Many thanks for your support and understanding in this matter.

 

Regards,

 

 

Cliff Walker

Information Management Officer

Business Support

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [2][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[3]www.copeland.gov.uk, [4][Copeland Borough Council request email]

[5]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

 

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

From: Sarah Johnson <[6][FOI #436090 email]>
Sent: 03 October 2017 23:52
To: Info
Subject: Freedom of Information request - Egremont South Ward By Election

 

Dear Copeland Borough Council,

Section 87(2) of the LGA 1972 requires that when a casual vacancy occurs
at the borough council a notice will be displayed advertising that
vacancy, and section 89 (1)(b) requires that 2 local electors must write
to the returning officer requesting that the vacancy is filled by an
election. Could you please therefore supply me with a copy of the notice
of vacancy that was posted for the current vacancy in the Egremont South
Ward and also a copy of the required notice received from the 2 local
electors?

I fully appreciate that the lack of a notice on your  website may be due
to the recent cyber attack.

Yours faithfully,

Sarah Johnson

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

Please use this email address for all replies to this request:
[7][FOI #436090 email]

Is [8][Copeland Borough Council request email] the wrong address for Freedom of Information
requests to Copeland Borough Council? If so, please contact us using this
form:
[9]https://emea01.safelinks.protection.outl...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[11]https://emea01.safelinks.protection.outl...

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

Dear Clifford Walker,

Thank you for the prompt reply. Yet again CBC adopts this strange stance in response to a perfectly valid request for information. As I live approximately 300 miles from Copeland I don't think it will be convenient to pop in. And given your well documented IT issues I am reluctant to email you any personal information.

Yours sincerely,

Sarah Johnson

Richard Taylor left an annotation ()

We discuss the issue of requiring a name on our help pages at:

https://www.whatdotheyknow.com/help/priv...

The ICO guidance states it is good practice for the public authority to still consider a request even if they think it might be being made under a pseudonym.

==
Richard - WhatDoTheyKnow.com volunteer

Dear Copeland Borough Council,

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

I am writing to request an internal review of Copeland Borough Council's handling of my FOI request 'Egremont South Ward By Election'.

I am requesting a review because you initially refused my FOI request on the basis that you were not satisfied that I am a real person. However, yesterday (17 October 2017) you successfully responded to two other, separate FOI requests that I had submitted. If you are happy to respond to those requests and not this one then it shows either a lack of consistency in the way that you apply your policies and / or an unwillingness to release information that may be embarrassing or harm the reputation of the organisation. In either case I would expect the ICO to take a dim view of the reluctance to provide the information. If you could provide me with a link to the required information on your website, that would be satisfactory.

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

Yours faithfully,

Sarah Johnson

Clifford Walker, Copeland Borough Council

Dear Madam,

Thank you for contacting Copeland Borough Council with your request for an Internal Review.

This has been assigned to a caseworker. We will aim to send you a full response by 20 November 2017 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact me.

Regards

Cliff Walker
Information Management Officer
Business Support
Copeland Borough Council

Tel: 01946 59 8529
Email: [email address]

Copeland Borough Council, The Copeland Centre, Catherine Street, Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303. www.copeland.gov.uk, [Copeland Borough Council request email]

Working to improve lives, communities and the prosperity of Copeland

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