Dear Warrington Borough Council,

Please provide copies of all emails exchanged with Satnam Invetments Ltd since 1st January 2007.

Yours faithfully,

john smith

FOI E&R, Warrington Borough Council

Dear John Smith,
I acknowledge that your freedom of information request (as below) has been received.
A response should be sent to you within 20 working days of receipt of your request, therefore you should be sent a response by 17 September 2012.
Should you need anything further please let me know.
Regards

Karen Kellett
Performance & Programme Officer
Performance & Business Services Unit,
Environment & Regeneration Directorate
New Town House, Buttermarket Street
Warrington WA1 2NH
Tel: 01925 443061
[mobile number]
Email: [email address]
Web: www.warrington.gov.uk

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Dear FOI E&R,

You have not responded within the statutory 20 days. Please respond.

Yours sincerely,

John Smith

FOI E&R, Warrington Borough Council

Dear John Smith,

Apologies for not providing a response within the 20 working day timescales, however it is anticipated that a response will be sent to you by imminently.

Regards

Karen Kellett
Performance & Programme Officer
Performance & Business Services Unit,
Environment & Regeneration Directorate
New Town House, Buttermarket Street
Warrington WA1 2NH
Tel: 01925 443061
[mobile number]
Email: [email address]
Web: www.warrington.gov.uk

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Dear FOI E&R,

Thank you for responding. However, a further 9 days have elapsed - and you said a response was imminent.

This is unacceptable and illegal.

Yours sincerely,

john smith

FOI E&R, Warrington Borough Council

1 Attachment

Dear John Smith,

Please find attached the response to your request. Apologies for the delay in sending you the response.

Regards

Karen Kellett
Performance & Programme Officer
Performance & Business Services Unit,
Environment & Regeneration Directorate
New Town House, Buttermarket Street
Warrington WA1 2NH
Tel: 01925 443061
[mobile number]
Email: [email address]
Web: www.warrington.gov.uk

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Dear Warrington Borough Council,

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

I am writing to request an internal review of Warrington Borough Council's handling of my FOI request 'email communications with Satnam'.

You responded as follows :

"I am writing in response to your email of 17 August 2012 requesting copies of all emails exchanged with Satnam Investments Ltd since 1st January 2007.

We have assessed the amount of time it would take to identify and collate the requested information and unfortunately, we are not able to provide this because of the time required, and therefore the cost of doing so, is such that it would disproportionately divert the authority's limited resources. I have, therefore, concluded that the exemption under Regulation 12(4) of the Environmental Regulations 2004 applies because to comply with the request would be manifestly unreasonable.

There are several reasons for this. There are a significant number of emails recorded as being sent to or received from Satnam Investments Ltd. over the period from 1 January 2007 to 30 September 2012. Each individuals emails would need to be checked to identify whether the record is still held or not and then the content would need to be reviewed.

The exemption under Regulation 12(4) is a qualified exemption that is subject to the public interest test. That means that the information must still be disclosed unless the public interest in maintaining the exemption outweighs the public interest in disclosure. There is a general presumption in favour of disclosure. On the counter argument, there is a strong public interest in preserving local authority resources. I have come to the conclusion that the public interest in maintaining the exemption in this instance does outweigh the interest in favour of disclosure.

If you could review your request to refine it and narrow down its scope this might enable us to be able to assist"

This would have been a reasonable response if it had been delivered in a timely manner. However, you provided this rejection after more than 40 working days had elapsed. A reasonable person might suspect that this was a deliberate ploy to withhold information by wearing down the questioner with unreasonable delays.

I wish to request an internal review on the grounds of improper delay. Please be aware that the next step will be a formal complaint to the Information Commissioner

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

Yours faithfully,

john smith

Mason, Ian, Warrington Borough Council

Dear Mr Smith,
I write to respond to your request for a review of the decision that to
supply you with the information requested would be manifestly
unreasonable. 
 
I have considered the reasons given by Ms Kellett in her decision and
conclude that I uphold the decision made.  The time required to deal with
your request would be a disproportionate diversion of the authority's
limited resources and to comply with the request would be manifestly
unreasonable.   The calculation by Ms Kellett is that to comply with your
request would involve approximately 68 hours of officer time.
 
I understand your frustration with the length of time taken to supply you
with that decision.  However, I can assure you that this is not a
deliberate tactic to avoid supplying you with information.
 
If, following the outcome of this internal review, you remain dissatisfied
with the Council’s response to your information request; you have the
right under Regulation 18 of the Environmental Information Regulations
2004 to appeal to the Information Commissioner at:      
                                                Information Commissioner’s
Officer
                                                Wycliffe House
                                                Water Lane
                                                Wilmslow
                                                Cheshire
                                                SK9 5AF
 
                                                Email:
[1][email address]
 
 
Yours sincerely,
 
 
Ian Mason
Head of Legal Services
Warrington Borough Council
Tel: 01925 442146
 
 

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