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Eleven Plus Test publication on Website

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Dear Warwickshire County Council,

I seen many reports about eleven-plus tests and how the Council uses the same test many time for same entry year. I find this unusual.

I seen on the elevenplus forum site at web address http://www.elevenplusexam.co.uk
questions from tests being posted by KenR.

Can you answer questions below

i) Can you tell me if there has been any study by this Council that what has been published on this site as being some of the questions on 2015 and 2016 test exam used in Warwickshire grammar school is really test questions or not or partly test questions?

If there was study (2015 and 2016 post) then on what date was the study and who did the study and did they compare actual paper with what is published by KenR (or was there no point in checking as nobody sits test so late)?

ii) Has Council given permission to this http://www.elevenplusexams.co.uk website to capture test question from paper by parents giving to them or not? If so when?

iii) Has Council given permission to this http://www.elevenplusexams.co.uk website to publish what parent given them on much later time? If so, when?

iv) To how many companys or people has Council given permission to, for them to capture test questions from parents whose child tell them after test?

Yours faithfully,

F Rusailh

Warwickshire County Council

 
Information request
Our reference: 3834762

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

 
Dear Sir/Madam
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 17 October
2018.
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 14 November 2018.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

 Kind regards

Bruce Green
Information Rights Officer

Information Management Team
Shire Hall
Warwick
CV34 4RL
Tel: 01926 412211

 

 
NOTE: Please do not edit the subject line when replying to this email.

Warwickshire County Council

1 Attachment

 
Information request
Our reference: 3834762

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

 
Dear Sir / Madam
 
Thank you for your request for information received on 17 October 2018.
 
Please find attached our response to your request.
 

Kind regards

Bruce Green
Information Rights Officer

Information Management Team
Shire Hall
Warwick
CV34 4RL
Tel: 01926 412211

 

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Warwickshire County Council,

Re: 383 4762 Bruce Green - Request for internal review.

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

I am writing to request an internal review of Warwickshire County Council's handling of my FOI request 'Eleven Plus Test publication on Website'.

Unfortunately this response raises more questions than answers, hence I wish to seek an internal review.

If what is published is not content, why cannot you just confirm this, as it does not prejudice commercial interest of supplier. If it is not questions, your supplier has no prejudice.

If what is published is some content, it is visible and people can see on the website. You do not have to identify actual questions, but should just say it contains some content. This will not prejudice supplier at all as nobody will know the exact questions.

The prejudice can only be argued if it is part of papers. Indirectly you are saying some is content by using the exception. So, please confirm. I do not think the exemption is allowed I will appeal to ICO if you do not answer clearly.

Why is not formal study done? Who in Council looks at website and how do you decide if it is content or not? When did you look at 2015 and 2016 posting?

I am confused, if formal study is not done how do you know if what is published or not so how can you invoke a qualified exemption? You can only invoke a qualified exemption of you know it is content or not.

How many people in Council have access to actual test papers when being used?

Sorry, but you should understand my concern.

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,

F Rusailh

Warwickshire County Council

 
Information request
Our reference: 3905760

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

 
Dear Sir/Madam,
 
Freedom of Information Act 2000
 
Thank you for your request, of 13 November 2019, for an Internal Review of
our response to your request concerning the Eleven Plus Test publication
website (our reference 3834762).
 
Your review request has been forwarded to our Legal Services team to
consider under the council's Internal Review procedures. The Legal
Services team will contact you separately with their formal
acknowledgement of your review request.
 
However the final question in your e-mail, "How many people in Council
have access to actual test papers when being used?", is to be treated as a
new request under the Freedom of Information Act 2000 - as it is asking
for information not previously requested.
 
We aim to send a response to this new request (our reference 3905760)
by 12 December 2018.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

Yours faithfully

Jonathan Sheward
Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 418633
 

NOTE: Please do not edit the subject line when replying to this email.

Warwickshire County Council

1 Attachment

 
Information request
Our reference: 3905760

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

 
Dear Sir/Madam,
 
Thank you for your request for information received on 14 November 2018.
 
Please find attached our response to your request.
 

Yours sincerely

Jonathan Sheward
Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 418633
E-mail: [1][email address]
 
 
NOTE: Please do not edit the subject line when replying to this email.

References

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1. mailto:[email address]

Dear Warwickshire County Council,

Thank you for quick response. I think I am not clear and your answer is not clear to me. My final question is as below.

You say exam papers are stored in safe places – like other exams.

Are people who have access to the storage location where papers are stored allowed to open the 11+ test question booklets (1) before they are first used (2) in the period they are used (3) after they are no longer used?

I think there is no need for these people to ever view the question papers. Since these 11+ papers are used many times if a Council employee opens the booklet and reads questions they can pass on to other people. This is unfair and can mean cheating and unfair advantage in future year papers as they know type of questions used in past.

So, do people who identified just have access to paper storage location but no right to inspect or open the 11+ papers, or are they allowed to open and read papers?

Else, which council staff are allowed to open and read the test papers? How many people can and how are they be stopped from passing information to other people?

Yours sincerely,

F Rusailh

Warwickshire County Council

 
Information request
Our reference: 3834762

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

 
Dear Sir/Madam
 
Thank you for your request for a review received on 13 November 2018. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 11 December 2018.
 

 Kind regards

Jason Williams
Legal Assistant

Law and Governance - Legal Services
Shire Hall
Warwick
CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

Warwickshire County Council

Dear Sir/Madam,
 
Thank you for your e-mail of 16 November 2018, which has been considered.
 
You have now asked us:
 
Are people who have access to the storage location where papers are stored
allowed to open the 11+ test question booklets (1) before they are first
used (2) in the period they are used (3) after they are no longer used?

I think there is no need for these people to ever view the question
papers. Since these 11+ papers are used many times if a Council employee
opens the booklet and reads questions they can pass on to other people.
This is unfair and can mean cheating and unfair advantage in future year
papers as they know type of questions used in past.

So, do people who identified just have access to paper storage location
but no right to inspect or open the 11+ papers, or are they allowed to
open and read papers?

Else, which council staff are allowed to open and read the test papers?
How many people can and how are they be stopped from passing information
to other people?
 
 
Under the Freedom of Information Act 2000, the County Council is only
obliged to provide recorded information that it holds. Nor are we required
to express opinion or comment on a particular issue.
 
It has been determined that your additional questions are not for recorded
information and therefore we are not providing an answer to them.
 
 
If you are dissatisfied with the handling of your request, you still have
the right to ask for an internal review. Internal review requests should
be submitted within two months of the date of receipt of the response and
should be addressed to:
 
Information Management
Shire Hall
Warwick
CV34 4RL
 
E-mail: [1][email address]
 
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:
 
The Information Commissioner's Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF
 
Phone: 0303 123 1113
Website: www.ico.gov.uk
 
 
Yours faithfully
 
Jonathan Sheward
 
Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 418633

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

Dear Warwickshire County Council,

Thank you for quick response. I think I am not clear and your answer is
not clear to me. My final question is as below.

You say exam papers are stored in safe places ' like other exams.

Are people who have access to the storage location where papers are stored
allowed to open the 11+ test question booklets (1) before they are first
used (2) in the period they are used (3) after they are no longer used?

I think there is no need for these people to ever view the question
papers. Since these 11+ papers are used many times if a Council employee
opens the booklet and reads questions they can pass on to other people.
This is unfair and can mean cheating and unfair advantage in future year
papers as they know type of questions used in past.

So, do people who identified just have access to paper storage location
but no right to inspect or open the 11+ papers, or are they allowed to
open and read papers?

Else, which council staff are allowed to open and read the test papers?
How many people can and how are they be stopped from passing information
to other people?

Yours sincerely,

F Rusailh

show quoted sections

Guy Darvill, Warwickshire County Council

1 Attachment

Dear Mr Rusailh

 

I have been appointed by Warwickshire County Council to investigate the
internal review request you have made in relation to the Freedom of
Information Act request for an answer to the question “Can you tell me if
there has  been any study by this Council that what has been published on
this site as being some of the questions on 2015 and 2016 test exam used
in Warwickshire grammar school  is really test questions or not or partly
test questions?”. In its initial answer the County Council provided a
‘commercial interests’ exemption.

 

Unfortunately due to very high workloads I have been unable to complete
this task yet. I would therefore request that you allow us a further 28
days to respond so that you have a response by Tuesday 11^th December,
although I would hope that you should have a response much sooner than
that. I do apologise for this delay and hope that this will meet with your
satisfaction.

 

Kind regards

Guy Darvill

 

Solicitor

Warwickshire Legal Services

Governance and Policy

Resources Directorate

Warwickshire County Council 
Tel:  01926 476973

[mobile number]

Fax: 01926 413704
E-mail: [1][email address]
[2]www.warwickshire.gov.uk

 

[3]email sig 80pH

 

This transmission is intended for the named addressee(s) only and may
contain confidential, sensitive or personal information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this transmission in error please
notify the sender immediately. All email traffic sent to or from us,
including without limitation all GCSX traffic, may be subject to recording
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References

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1. mailto:[email address]
2. http://www.warwickshire.gov.uk/

Guy Darvill, Warwickshire County Council

1 Attachment

Dear Mr Rusailh

 

Following on from your request for an Internal Review into the refusal of
the authority to provide an answer to the question “Can you tell me if
there has  been any study by this Council that what has been published on
this site as being some of the questions on 2015 and 2016 test exam used
in Warwickshire grammar school  is really test questions or not or partly
test questions?”. In its initial answer the County Council provided a
‘commercial interests’ exemption.

 

Having considered the case in detail I do consider that a commercial
interests exemption is likely to be appropriate under s43(2) of the
Freedom of Information Act 2000. The letter stated as follows:  We
consider that this exemption applies because disclosure of the information
requested could prejudice third parties' commercial interests in a free
market place. Although Warwickshire County Council is no longer using the
tests from 2015 and 2016, our test providers, in this case University of
Durham, will keep such questions to utilise in the future. As a result,
questions from these test papers could well be used for other Local
Authorities who purchase services from them, either now, or in the future.

 

It is therefore more than merely speculative to suggest that Durham
University’s commercial interests could be harmed as a result of revealing
any information held as to whether information set out on the website in
question are, or are not, 11+ test questions. I understand that Durham
University were not consulted about the use of the exemption in this
specific case, but have provided sufficient comment in the past in
relation to similar requests to be assured that they do regard this as
being a legitimately commercially sensitively matter than could cause them
financial harm were the information to be provided.  Having considered the
public interest test applied in the response I consider that it balanced
the correct factors and reached an appropriate and reasoned conclusion on
this basis.

 

I also consider that it would be appropriate to apply a further exemption,
that of Legal Professional Privilege under s42 of the Freedom of
Information Act 2000. Information held by Warwickshire County Council in
relation to this matter is in the context of litigation proceedings
involving the authority and was for use as part of preparing a case for
court. As such I have considered the following paragraph from the
Information Commissioner’s guidance and consider that it applies:

 

Litigation privilege applies to confidential communications made for the
purpose of providing or obtaining legal advice about proposed or
contemplated litigation. There must be a real prospect or likelihood of
litigation, rather than just a fear or possibility. For information to be
covered by litigation privilege, it must have been created for the
dominant (main) purpose of giving or obtaining legal advice, or for
lawyers to use in preparing a case for litigation. It can cover
communications between lawyers and third parties so long as they are made
for the purposes of the litigation.

 

As legal privilege is an absolute exemption it is not necessary to apply a
public interest or prejudice test to this matter.

 

I hope that this internal review fully addresses your concerns. If you are
not satisfied with the outcome of the review you may appeal to the
Information Commissioner’s Office at the following address:

 

Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

 

Kind regards

Guy Darvill

 

Solicitor

Warwickshire Legal Services

Governance and Policy

Resources Directorate

Warwickshire County Council 
Tel:  01926 476973

[mobile number]

Fax: 01926 413704
E-mail: [1][email address]
[2]www.warwickshire.gov.uk

 

[3]email sig 80pH

 

From: Guy Darvill [mailto:[4][email address]]
Sent: 11 December 2018 09:01
To: '[5][FOI #527072 email]'
Subject: Internal Review Request

 

Dear Mr Rusailh

 

I have been appointed by Warwickshire County Council to investigate the
internal review request you have made in relation to the Freedom of
Information Act request for an answer to the question “Can you tell me if
there has  been any study by this Council that what has been published on
this site as being some of the questions on 2015 and 2016 test exam used
in Warwickshire grammar school  is really test questions or not or partly
test questions?”. In its initial answer the County Council provided a
‘commercial interests’ exemption.

 

Unfortunately due to very high workloads I have been unable to complete
this task yet. I would therefore request that you allow us a further 28
days to respond so that you have a response by Tuesday 11^th December,
although I would hope that you should have a response much sooner than
that. I do apologise for this delay and hope that this will meet with your
satisfaction.

 

Kind regards

Guy Darvill

 

Solicitor

Warwickshire Legal Services

Governance and Policy

Resources Directorate

Warwickshire County Council 
Tel:  01926 476973

[mobile number]

Fax: 01926 413704
E-mail: [6][email address]
[7]www.warwickshire.gov.uk

 

[8]email sig 80pH

 

This transmission is intended for the named addressee(s) only and may
contain confidential, sensitive or personal information and should be
handled accordingly. Unless you are the named addressee (or authorised to
receive it for the addressee) you may not copy or use it, or disclose it
to anyone else. If you have received this transmission in error please
notify the sender immediately. All email traffic sent to or from us may be
subject to recording and/or monitoring in accordance with relevant
legislation.

References

Visible links
1. mailto:[email address]
2. http://www.warwickshire.gov.uk/
4. mailto:[email address]
5. mailto:[FOI #527072 email]
6. mailto:[email address]
7. http://www.warwickshire.gov.uk/

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