Emergency plan

Abdul Hai made this Freedom of Information request to Derby City Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Derby City Council.

Dear Derby City Council,

Can you publish the latest copy of your civil emergency plan?

Yours faithfully,

Abdul Hai

FOI, Derby City Council

This is acknowledgement that your e-mail has been received by the Freedom
of Information team.  We will respond to you as soon as possible.

 

If you are making a Freedom of Information request you will receive a
response within the statutory 20 working day timescale.

 

Freedom of Information Team | Governance & Assurance | Resources
Directorate| Derby City Council, The Council House, Corporation Street,
Derby DE1 2FS | Telephone 01332 640763 | Minicom 01332 640666 | Web:
[1]www.derby.gov.uk

Proud of Derby

 

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[2]derby.gov.uk/news

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Abdul Hai left an annotation ()

Abdul Hai left an annotation ()

Former Labour MP Andrew MacKinlay said on LBC with Andrew Castle today (June 25) that he will be asking his local council for a copy of their emergency plan under FOI. He said that everyone should do the same.

FOI, Derby City Council

I acknowledge your request for information received on 19^th October 2017
about publish the latest copy of Derby City councils civil emergency
plan..

Your request is being considered and you will receive the information
requested as soon as possible, but in any case by 16^th November 2017 the
statutory timescale of 20 working days as defined by the Freedom of
Information Act 2000 (FOI) unless the information requested is subject to
a statutory exemption on disclosure or the information contains reference
to a third party.

 

For your information, the Act defines a number of exemptions, which may
prevent release of the information you have requested. Some exemptions are
subject to a public interest test. There will be an assessment and if any
of the exemption categories apply and any relevant public interest test is
weighed in favour of withholding the information it will not be released.
You will be informed if this is the case, including your rights of appeal.

 

If the information you request contains reference to a third party then
they may need to be consulted before a decision is taken on whether the
information can be released to you. You will be informed if this is the
case.

 

There may be a fee payable for supplying the information in the form of
disbursements. This will be calculated and you will be informed if a fee
is payable. The fee must be paid before the information is released and
the 20 working day time limit for responses is suspended until payment is
made. You will have 3 calendar months to submit your payment.

 

If you have any queries or concerns then please contact the

Freedom of Information Officer
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

Further information is also available from the Information Commissioner
at:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[2]www.ico.org

Kind regards,

Freedom of Information Team | Organisation & Governance Directorate
| Derby City Council, Council House, Corporation Street, Derby
DE1 2FS| 01332 640763 | [3]www.derby.gov.uk

Proud of Derby

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[4]derby.gov.uk/news

[5][IMG]

References

Visible links
1. mailto:[Derby City Council request email]
2. http://www.ico.org/
3. blocked::blocked::blocked::blocked::http://www.derby.gov.uk blocked::blocked::blocked::http://www.derby.gov.uk blocked::blocked::http://www.derby.gov.uk http://www.derby.gov.uk/
file:///tmp/blocked::blocked::blocked::blocked::http:/www.derby.gov.uk
4. https://derby.gov.uk/news
5. https://www.derby.gov.uk/mailredirect/

FOI, Derby City Council

1 Attachment

Dear Addul Hai,

 

Thank you for your request received 19/10/17under the Freedom of
Information  Act 2000 (FOIA) for ‘latest copy of the civil emergency
plan’.

 

I confirm that the Council holds information falling within the terms of
your request but in accordance with the Freedom of Information Act 2000
this email acts as a Refusal Notice.

This is because on identifying the information requested it has become
necessary to apply a public interest test because the following exemption
applies to the information …

Section 40(2) Personal data third party

This exemption applies because the emergency planning documents contain
the name, residential address and private phone numbers of individuals
which constitutes personal information under the Data Protection Act and
disclosure without consent would be a data protection breach.

The Freedom of Information Act requires us to respond to requests promptly
and within 20 working days after receiving your request. However, when a
‘qualified exemption’ applies to the information we must carry out a
public interest test.      

This is where the Council considers the public interest in disclosing the
information against the public interest in withholding it. 

In these circumstances, the Act allows us to extend the response deadline
by another 20 working days to make our decision on where the balance of
public interest lies.

The Council has extended the 20 working day response period to fully
consider the public interest test for the ‘qualified exemption(s)’ stated
above and will let you have a full response by 14 December 2017 or earlier
if possible.

 

If you are unhappy with this response to your request, you may ask us to
carry out an internal review.  Please put your appeal reasons in writing
and send it within 40 working days to…

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]
<<<[2]mailto:[Derby City Council request email]>>>

You may also apply to the Information Commissioner for a decision under
section 50 of the Act but he may decline to deal with your application if
you have not followed the Council’s complaints procedure first.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 01625 545 700

[3]www.ico.org

Yours sincerely,

 

Freedom of Information Team | Organisation and Governance Directorate |
Derby City Council | The Council House| Corporation Street |Derby | DE1
2FS |Tel: [4]+44 (0) 1332 640763 | minicom number: [5]+44 (0) 1332
256666 | [6]www.derby.gov.uk

 

Proud of Derby

[7]cid:image001.png@01D31A81.82FBCDC0

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[8]derby.gov.uk/news

[9][IMG]

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References

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1. mailto:[Derby City Council request email]
2. mailto:[Derby City Council request email]
3. http://www.ico.org/
4. http://+44%20(0)%201332 640763/
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8. https://derby.gov.uk/news
9. https://www.derby.gov.uk/mailredirect/

FOI, Derby City Council

3 Attachments

Dear Abdul,

 

Thank you for your request received 19/10/17 under the Freedom of
Information  Act 2000 (FOIA) for information on the latest copy of Derby
City Council’s civil emergency plan.

 

The Council has considered your request and part of the information is
covered by exemptions under Freedom of Information Act 2000.  We have
attached most of the information and this email is a part Refusal Notice.

The exemption applied are -

Section 40(2) – personal data (third party)

This exemption applies to this document because In relation to the members
of staff mentioned in the document that are below senior manager level. 
We accept that releasing this information would reinforce the Council’s
commitment to being an open and transparent organisation, serving to
maintain public confidence in the Council, there is therefore a public
interest in this information being disclosed.  However, we are of the view
that there would be no legitimate expectation on the part of the data
subject that the Council would disclose information about them including
their name and any other personal details relating to their work or home
life without the consent of the individuals concerned first being
obtained.

Section 24 - National Security

The information requested relates to the emergency control centres listed
in the emergency plan.  The release of the information would lead to a
better informed public, and the public are entitled to know how the
Council will respond to an emergency situation. There is also a clear
public interest in any public authority being open and transparent, and
the release of this information would promote this and lead to greater
transparency. However, in this case, to reveal the specific details of the
location of the emergency control centre and the alternative emergency
control centre locations, would seriously undermine the effectiveness of
the emergency response to a serious emergency incident, including a
potential terrorist incident.

Supply to you of any material does not give you the right to use it in a
way that breaches the copyright or other intellectual property rights in
that material. For example publishing or otherwise re-using it for
commercial purposes or sending any marketing material or spam emails. You
must get the consent of the copyright owner which may involve the granting
of a licence and the application of a fee.

This does not restrict your rights under the fair dealing provisions of
the Copyright, Designs and Patents Act 1988.

You can ask for the decision not to disclose the information to be
reviewed under the Council’s FOI Complaints Procedure.  Please send your
appeal reasons within 40 working days to the -

Information Governance Officer (FOI)
Derby City Council
The Council House
Corporation Street
Derby
DE1 2FS

Telephone 01332 640763 or e-mail [1][Derby City Council request email]

You may also apply to the Information Commissioner for a decision under
section 50 of the Act but he may decline to deal with your application if
you have not followed the Council’s complaints procedure first.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 
Telephone:   01625 545 700
[2]www.ico.org.uk

Yours sincerely,

Freedom of Information Team | Organisation and Governance Directorate |
Derby City Council | The Council House| Corporation Street |Derby | DE1
2FS |Tel: [3]+44 (0) 1332 640763 | minicom number: [4]+44 (0) 1332
256666 | [5]www.derby.gov.uk

 

Proud of Derby

 

 

You can now visit and subscribe to the Derby Newsroom for Council news and
updates
[6]derby.gov.uk/news

[7][IMG]

show quoted sections

References

Visible links
1. mailto:[Derby City Council request email]
2. http://www.ico.org.uk/
3. http://+44%20(0)%201332 640763/
4. file:///tmp/tel:%2B44%20%280%29%201332%20256666
5. blocked::http://www.derby.gov.uk/ blocked::http://www.derby.gov.uk/ blocked::http://www.derby.gov.uk/ http://www.derby.gov.uk/
http://www.derby.gov.uk/
6. https://derby.gov.uk/news
7. https://www.derby.gov.uk/mailredirect/