Elected member representation to Urban Green Newcastle

Adrian Fletcher made this Freedom of Information request to Newcastle upon Tyne City Council Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

The request was successful.

Dear Newcastle upon Tyne City Council,

When Urban Green Newcastle was created, many people were concerned that the management of the city’s parks were being handed from a publicly-accountable body (Newcastle City Council and its elected members) to a model of privatisation. The late Councillor Nigel Todd was one notable figure who raised concerns in various forums and networks.

To maintain public representation and accountability, two elected members would have places on UGN’s board of trustees. However, according to Companies House and the Charity Commission website, UGN has not had elected member representation since May 2022.
With the above context, please provide the following information about elected member representation since March 2022.

1. Correspondence within the council (between officers and councillors, and within the cabinet) relating to the removal of elected member representation on the board of UGN.

2. How were all 78 councillors consulted about the change? Please provide details of any correspondence and briefings.

3. According to Companies House, the council’s Assistant Chief Executive has been appointed a trustee of UGN. Please provide correspondence between the Ast CEX and cabinet related to this appointment.

4. If not covered above, correspondence relating to the reduction of UGN's public accountability.

Yours faithfully,

Adrian Fletcher

Freedom Of Information Requests Mailbox, Newcastle upon Tyne City Council

Acknowledgement - FOI 20027

Thank you for your request for information. We are dealing with it under the terms of the Freedom of Information Act 2000.

We have passed your request to relevant colleagues who will respond within 20 working days starting the working day after receipt of your request.

Regards
Freedom of Information Team

show quoted sections

Freedom Of Information Requests Mailbox, Newcastle upon Tyne City Council

Hello,

We apologise for the delay in response.

We are looking into the information regarding your request, but it is taking longer, and is more difficult, than expected. We wanted to keep you up to date with progress and will get the information you have requested as soon as possible.

Regards
Freedom of Information

show quoted sections

Wilton, Matt, Newcastle upon Tyne City Council

Dear Adrian Fletcher
I refer to your e-mail of 30 December 2022 which made the following
request for information under the Freedom of Information Act (FOIA) 2000:

1.      Correspondence within the council (between officers and
councillors, and within the cabinet) relating to the removal of elected
member representation on the board of UGN.
2.      How were all 78 councillors consulted about the change? Please
provide details of any correspondence and briefings.
3.      According to Companies House, the council’s Assistant Chief
Executive has been appointed a trustee of UGN. Please provide
correspondence between the Ast CEX and cabinet related to this
appointment.
4.      If not covered above, correspondence relating to the reduction of
UGN's public accountability.

Our response is as follows:
1.      The information is considered to be exempt information for the
purposes of section 36(2)(b) of the FOIA 2000 on the basis that its
disclosure would be likely to inhibit:
        i.       the free and frank provision of advice; and
        ii.     the free and frank exchange of views for the purposes of
deliberation.

The Council has considered whether the public interest in maintaining the
exemption outweighs the public interest in disclosing the information
described above.  Whilst recognising the importance of transparency and
open policy-making, it is considered that this is outweighed in this case
by the public interest in Members and officers being able to exchange
views and seek advice on a free and frank basis.

2.      No such information is held.

3.      No such information is held.

4.      Please refer to the responses above.

I apologise for the delay in responding to this request.
If you are unhappy with our response to your request you can ask for an
internal review of our decision.  Please send details of your request for
review to the following address:

Information Governance Coordinator
Newcastle City Council
Floor 6
Civic Centre
Newcastle upon Tyne
NE1 8QH
Phone: 0191 277 7666
Email: [Newcastle City Council request email]

If you are still unhappy with how we have handled your request following
our internal review you can complain to the Information Commissioner. 
Contact details are as follows:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113
Email: [email address]

Yours sincerely

Matt Wilton
Assistant Chief Executive
Newcastle City Council

You may get emails from me outside of normal working hours: please do not
feel any pressure to respond outside of your own working pattern.

show quoted sections

Adrian Fletcher

Dear Newcastle upon Tyne City Council,

Thank you for your response to my FOI about the removal of elected member representation from the board of Urban Green. It is concerning that no information is held regarding wider consultation with elected members; given the wide consultation with stakeholders when the Trust was created, details of a significant change of governance (the removal of elected members, who represent the public) is in the public interest.

It was in the public interest to consult stakeholders in creating the Trust; if they were not consulted in a change of governance, then stakeholders do not expect a cover-up. To emphasise the significance of the change, we understand that one of the elected members acted as the charity's vice-chair.

In the reasonable opinion of a qualified person, it seems scandalous that the council are attempting to hide the rationale for this change. Additionally, it is difficult to believe that the council justified censoring the entirety of the correspondence relating to this.

The information I specifically request for release:

1. a summary of the reasons for the change in governance.
2. the name of the person who instigated the change.
3. the names of those involved in the discussion (names of officers can be withheld; there is a public interest in disclosing the names of elected members)
4. was the change discussed within cabinet in private?
5. were UGN consulted, or was the decision imposed upon them?

Should you not be able to release the primary emails, then please articulate the above information.

Yours faithfully,

Adrian Fletcher

Freedom Of Information Requests Mailbox, Newcastle upon Tyne City Council

Acknowledgement - FOI 20304

Hello Adrian,

Thank you for your email. We do not believe that this is an internal
review request, but a new Freedom of Information request, and we will be
dealing with it under the terms of the Freedom of Information Act 2000.

We have passed your request to relevant colleagues who will respond within
20 working days starting the working day after receipt of your request.

Regards
Freedom of Information Team

From: Adrian Fletcher <[FOI #931978 email]>
Sent: 05 March 2023 22:45
To: Freedom Of Information Requests Mailbox <[Newcastle City Council
request email]>
Subject: Internal review of Freedom of Information request - Elected
member representation to Urban Green Newcastle

Dear Newcastle upon Tyne City Council,

Thank you for your response to my FOI about the removal of elected member representation from the board of Urban Green. It is concerning that no information is held regarding wider consultation with elected members; given the wide consultation with stakeholders when the Trust was created, details of a significant change of governance (the removal of elected members, who represent the public) is in the public interest.

It was in the public interest to consult stakeholders in creating the Trust; if they were not consulted in a change of governance, then stakeholders do not expect a cover-up. To emphasise the significance of the change, we understand that one of the elected members acted as the charity's vice-chair.

In the reasonable opinion of a qualified person, it seems scandalous that the council are attempting to hide the rationale for this change. Additionally, it is difficult to believe that the council justified censoring the entirety of the correspondence relating to this.

The information I specifically request for release:

1. a summary of the reasons for the change in governance.

2. the name of the person who instigated the change.

3. the names of those involved in the discussion (names of officers can be withheld; there is a public interest in disclosing the names of elected members)

4. was the change discussed within cabinet in private?

5. were UGN consulted, or was the decision imposed upon them?

Should you not be able to release the primary emails, then please articulate the above information.

Yours faithfully,

Adrian Fletcher

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

Please use this email address for all replies to this request:

[1][FOI #931978 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:

[2]https://www.whatdotheyknow.com/help/offi...

For more detailed guidance on safely disclosing information, read the latest advice from the ICO:

[3]https://www.whatdotheyknow.com/help/ico-...

[4]https://www.whatdotheyknow.com/help/ico-...

Please note that in some cases publication of requests and responses will be delayed.

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.

show quoted sections

Wilton, Matt, Newcastle upon Tyne City Council

Dear Adrian Fletcher

I apologise for the overdue response.

The following information is held in relation to your request.

1.     a summary of the reasons for the change in governance.

Until an individual signs the necessary form to be registered as a
director/trustee of Urban Green Newcastle (as a limited company and
registered charity), no appointment is in effect and therefore does not
constitute a change.  There is no legal obligation on the Council to
appoint any director to Urban Green Newcastle whether a member or officer.
The council has identified that the implications of appointments to
outside bodies where the overriding duty of the appointee is to that body
itself, rather than the council, is an issue that requires some
consideration.

2.     the name of the person who instigated the change.

Not held, see response to 1

3.     the names of those involved in the discussion (names of officers can be withheld; there is a public interest in disclosing the names of elected members)

Not held, see response to 1

4.     was the change discussed within cabinet in private?

Not held, see response to 1

5.     were UGN consulted, or was the decision imposed upon them?

Not held, see response to 1

If you are unhappy with our response to your request you can ask for an
internal review of our decision. Please send details of your request for
review to the following address:

Freedom of Information

Newcastle City Council

Civic Centre

Newcastle upon Tyne

NE1 8QH

Phone: 0191 211 6500

Email: [1][Newcastle City Council request email]

If you are still unhappy with how we have handled your request following
our internal review you can complain to the Information Commissioner.
Contact details are as follows:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone: 0303 123 1113

Email: [2][email address]

Regards

Matt Wilton

Matt Wilton

Assistant Chief Executive

Newcastle City Council

show quoted sections

This email, including any attached files, may contain confidential
information and is intended solely for the use of the individual(s) to
whom it is addressed. If you are not the intended recipient, the
disclosure, copying or distribution of the information included in this
email is prohibited and may be unlawful. Please notify us by replying to
this communication and confirm deletion of the email. Thank you for your
co-operation

**********************************************************************

References

Visible links
1. mailto:[newcastle%20city%20council%20request%20email]
2. mailto:[email%20address]