eMandate data

The request was successful.

This is an open government request for information to which I am entitled under the Freedom of Information Act. In order to assist you with this request, I am outlining my query as specifically as possible. If however this request is too wide or too unclear, I would be grateful if you could contact me as I understand that under the legislation, you are required to advise and assist requesters.

I would like you to supply me with the complete data set held on eMandate for the past 3 years for all colleges in England (ie 2006-7, 2007-8, 2008/9).

I look forward to your earliest reply.

Mr Everett

Green-Webb Amanda, Learning and Skills Council

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__________________________________________________
Amanda Green-Webb
Information Rights Manager

Learning and Skills Council
Information Systems
Cheylesmore House
Quinton Road
Coventry
CV1 2WT

E: [email address]

www.lsc.gov.uk

The LSC, the organisation that exists to make England better skilled and
more competitive
__________________________________________________

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Dear Amanda,

Thank you for your acknowledgement of my request placed through whatdotheyknow.com

I am confused - why have you associated this with another request from Richard Everett of Intelligent Builders Limited. These two requests are not related in any way.

I would be grateful if you would disentangle this request from the unrelated Intelligent Builders request.

Yours sincerely,

Mr S Everett

Bailey Russel, Learning and Skills Council

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Dear Mr Everett
 
Please find attached the LSC's response to your request for information
 
Yours sincerely
 
Russel Bailey
LSC Head of Records and Rights
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Dear Russel,

I am wondering why you require my details, when you can very easily just provide the information that I have requested via this website.

I am also interested in the information you have sought from the ICO, and request that a copy of this guidance is also sent to me.

I am apprehensive at giving you my personal details, as you have already mixed up my request with another completely unrelated request bar the surname, and published their personal details on a public website. I would at the minimum hope that you have informed this individual that you have published their details, in relation to a request that they have not made.

Furthermore it is common knowledge that the LSC does not have a good history when it comes to the storage of personal information and as stated above your mix up of surnames just reinforces this.

As you currently have my details and in accordance with a decision made by the ICO (letter from ICO to Rother District Council Aug 2008), an E-mail is an acceptable form of communication. In addition The Ministry of Justice has given guidance on this – "As well as hard copy written correspondence, requests that are transmitted electronically (for example, in emails) are acceptable ... If a request is received by email and no postal address is given, the email address should be treated as the return address."

I therefore repeat my request to have the information sent via the current method, and in a readable medium.

Yours sincerely,

Mr S Everett

Bailey Russel, Learning and Skills Council

Dear Mr Everett

Thank you for your reply and I acknowledge your request for further
information.

You have asked for a copy of guidance sought from the Information
Commissioner's Office given the LSC's concerns regarding copyright. The
LSC sought guidance using the ICO's telephone helpline, and therefore
the LSC does not hold a copy of guidance, as this was provided verbally.

Given your reluctance to provide an alternative address, I will refer
this matter further and write to you next week.

Yours sincerely

Russel Bailey
LSC Head of Records and Rights

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Dear Russel,

The time for your responding to this request is now one week overdue. I do understand that this request has spanned a holiday period and so have given you some leeway on timing - however an extra week for your response would seem sufficient and so I can only surmise that you are using delaying tactics as part of your response strategy.

If you do not respond by the close of play this evening with the requested information then I can only assume that you wish this to be escalated to an internal review.

Yours sincerely,

Mr Everett

Bailey Russel, Learning and Skills Council

Dear Mr Everett

Further to your correspondence last week, I have referred the matter
regarding your request for all of the data in the LSC eMandate system.

The LSC considers the data, which has been supplied by third parties, to
be subject to the copyright of those third parties, and that disclosure
of the data by the means you have requested i.e. by means that would
result in automatic publication on the What Do They Know site, would
adversely affect the intellectual property rights in the data.

The LSC, having sought guidance, asked for an alternative address to
enable the LSC to supply the data to you is such a way that it would not
automatically publish the data.

As you have not felt able to supply an address, the LSC applies an
exemption to disclosure of the information through the means you are
requesting under regulation 12(5)(c) of the Environmental Information
Regulations 2004, as it considers that disclosure of the information in
this way will adversely affect the intellectual property rights in the
data.

If you would like the LSC to review its decision, please write to the
LSC Council Solicitor under the LSC Complaints Procedure, details of
which are published on the LSC website at:

http://readingroom.lsc.gov.uk/lsc/2005/e...
ocedure-for-dealing-with-complaints-about-the-lsc.pdf

The email address for these communications is:

[email address]

Yours sincerely

Russel Bailey
LSC Head of Records and Rights

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Dear Sir or Madam,

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

I am writing to request an internal review of Learning and Skills Council's handling of my FOI request 'eMandate data'.

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,

Mr Everett

Dear Bailey Russel,

An acknowledgement to my internal review request of 2nd September has not yet been received from the LSC. Please can you 'nudge' whoever is responsible for dealing with the internal review.

Yours sincerely,

Mr Everett

Mahers Donna, Learning and Skills Council

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Dear Mr Everett

I am writing in response to your email to the Learning and Skills Council
(LSC) dated 2 September 2009 in which you request an internal review of
the LSC’s handling of your request for information.  I can confirm that
this matter will be investigated in accordance with the procedure for
dealing with complaints about the LSC (copy attached).

As you will see, the first stage before an investigation can commence is
to agree a summary of your complaint.  Could you please outline, in
writing to me at this email address or the postal address below, a summary
of your complaint about the LSC.

Kind regards

__________________________________________________
Donna Mahers
Complaints Compliance Manager

Learning and Skills Council
Legal Team-Corporate Services
Cheylesmore House

CV1 2WT

T: 02476 82 3704
E: [email address]

[1]www.lsc.gov.uk

The LSC, the organisation that exists to make better skilled and more
competitive

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Dear Mahers Donna,

Thank you for responding to my application for an internal review of my request for eMandate data where an exception has been claimed by the LSC under EIR section 12(5). The full documentation of the original request can be found at: http://www.whatdotheyknow.com/request/em...

It is my contention that this request has not been dealt with appropriately:

in terms of timescales (ie not dealt with within the 20 day time limit – absolute in EIR)
a refusal using an inappropriate exception has been claimed by the LSC – EIR Section 12(5)c
the LSC did initially commit to supplying the data – and have subsequently overturned that commitment

I therefore expect the data set required in the eMandate request to be supplied to me at the address supplied in the original request (ie through the Whatdotheyknow website).

As you will be aware “There is a strong inherent public interest in releasing environmental information.” And that regulation 12(2) directs public authorities to apply a presumption in favour of disclosure.” December 2008 1 EIR: An introduction to the exceptions

Environmental Information Regulations section 12(5)c
In your refusal to supply the eMandate data requested under the Freedom of Information Act provisions you state that you are relying on the Environmental Information Regulations section 12(5)c which is a qualified exception (not an exemption as you state). You will no doubt be aware that “Regulation 12 of the EIR sets out various exceptions allowing public authorities to refuse to disclose environmental information. However, all the exceptions in the EIR are subject to a public interest test.” EIR: An introduction to the exceptions.
To engage a 12(5) exception in the EIR the LSC must be able to show with certainty the harm that releasing the information in question would cause. The LSC have not demonstrated that. The relevant words in the guidance are “would” - it has to be shown that that the adverse effect is more likely than not, and not that the disclosure “could” or “might” have such an effect. I refer you to two relevant cases:

Burgess v Information Commissioner & Stafford Borough Council (EA/2006/0091; 7 June 2007)
Archer v Information Commissioner & Salisbury District Council (EA/2006/0037; 9 May 2007)
The exception 12(5)c you rely upon, of intellectual property rights, would of course also have to be demonstrated – I am not aware of any data within the data set I have requested that could even tenuously be described as being intellectual property (ie patents, trademarks and designs, unregistered rights, such as copyright, and unregistered design rights). Exception 12(5)c specifically does not cover confidential information. Most importantly though “If the information would enjoy protection, even after disclosure, from the Copyright Designs and Patents Act, for instance, the case against disclosure would be considerably weaker.” and this is even before you have applied the public interest test.
The Public Interest Test
Finally even if you were able to demonstrate that an (albeit tenuous) intellectual property right were to exist within the data set requested then you are required to apply the public interest test. It is undoubtedly the case that the publishing of this data will further “the understanding of and participation in the public debate of issues of the day” - namely whether college accommodation is in a fit state to deliver education (especially in the light of the total debacle over the LSC’s recent capital funding fiasco). I also argue that the publication of this data promotes accountability and transparency of both the LSC and decisions taken by them (and colleges involved in new builds) as well as promoting accountability and transparency in the spending of public money. In addition it allows individuals and companies to understand decisions made by colleges and the LSC in relation to capital funding for planning and implementing new buildings – highly important in today’s environment where colleges need new buildings and private industry (and finance) could potentially aid in supplying those buildings in a collaborative and cooperative manner.
I would therefore formally like to apply for a review on the rationale contained above including the fact that the 20 day timescale was not met. I require the full data set to be supplied as originally requested.

Yours sincerely,

Mr Everett

Mahers Donna, Learning and Skills Council

Dear Mr Everett

Thank you for your response.

From reading your email, I would summarise your complaint about the LSC
as follows:

1 I believe the LSC has unreasonably dealt with my request for
information as they have exceeded published timescales.

2 I believe the LSC has unfairly dealt with my request for
information as an exemption has been applied resulting in me not being
sent the information I have requested.

If you agree that this is an accurate summary of your complaint about
the LSC please advise me by return, or alternatively please make any
amendments you feel necessary.

Please note that the contents of your email will be taken into account
during the investigation.

Kind regards

Donna Mahers
Complaints Compliance Manager

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Dear Mahers Donna,

That is an acceptable summary. Thank you.

Yours sincerely,

Mr Everett

Mahers Donna, Learning and Skills Council

Dear Mr Everett

Thank you for your response.

As a summary of your complaint has been agreed, an investigation will
now commence. In accordance with the procedure for dealing with
complaints about the LSC you should receive final conclusions no later
than 14 October 2009. If for any reason there will be a delay I will
advise you accordingly.

Kind regards

Donna Mahers
Complaints Compliance Manager

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Mahers Donna, Learning and Skills Council

Dear Mr Everett

I am writing further to my email dated 9 September 2009, below. Unfortunately I am unable to provide you with final conclusions today as originally hoped and I now anticipate being able to provide final conclusions by 21 October 2009.

Please accept my apologies for this delay.

Kind regards

Donna Mahers
Complaints Compliance Manager

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Mahers Donna, Learning and Skills Council

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Dear Mr Everett

Please find attached final conclusions regarding your complaints about the
LSC.  Please accept my apologies for the slight delay in responding.

Kind regards

__________________________________________________
Donna Mahers
Complaints Compliance Manager

Learning and Skills Council
Legal Team-Corporate Services
Cheylesmore House

CV1 2WT

T: 02476 82 3704
E: [email address]

[1]www.lsc.gov.uk

The LSC, the organisation that exists to make better skilled and more
competitive

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Mr Everett left an annotation ()

This request has today been referred to the ICO.

Mr Everett left an annotation ()

This case has now been allocated a Case reference number

Mr Everett left an annotation ()

A separate request has been made by Intelligent Builders Limited for this same information. The data has been supplied by post to the company address on a CD.

Mr Everett left an annotation ()

A response from the ICO has been received suggesting two possible routes (not exclusive) of

1. Informal resolution
2. Detailed investigation

We have asked for the detailed investigation to take place.

The substantive issue (of whether the response should be sent to the WhatDoTheyKnow website) is being considered by senior members of the Information Commissioner’s Office in the third week in January.

It is likely that a decision notice will take a "number of months".

Francis Irving left an annotation ()

As Mr Everett says above, he put in a separate request via his company. He has sent us the files he received from that request, and we've uploaded them here.

http://files.whatdotheyknow.com/request/...

R Bailey, Learning and Skills Council

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Dear Mr Everett

Following consultation with the organisations who currently hold
the datasets requested, please find attached the information
requested by way of three separate uploads.

Some information has been removed from the data held. This is
considered to be personal data which is exempt from disclosure
under section 40(2) and 40(3) of the Freedom of information Act
2000, where diclosure would result in a breach of Principle 1 of
the Data Protection Act 1998, where the data subjects have neither
consented to disclosure of the data nor have reasonable expectation
that the data will be disclosed.

Yours sincerely

Russel Bailey Head of Records and Rights

R Bailey, Learning and Skills Council

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R Bailey, Learning and Skills Council

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Upload 3

Dear R Bailey,

I am intrigued to know how you are representing the Learning and Skills Council as they ceased to exist as an organisation in April. Please can you advise how and who you are acting on behalf of in responding to this request.

You may be aware from the thread of this request that this has been referred to the Information Commissioner. Are you in contact with them regarding this matter and if so is this communication a formal response to that action.

Yours sincerely,

Mr Everett