Farm Terrace Allotments, Watford
Dear Hertfordshire County Council,
Under the Freedom of Information act please provide copies of:
1. All correspondence (electronic or written) between the Education Department of the County Council or elected representatives responsible for Education and Watford Borough Council involving the request for a possible proposal to build a new school on Farm Terrace Allotments, Watford or the extension of Laurance Haines School between 01/10/14 & 30/04/15.
2. All internal correspondence (including meeting notes) for those County Council employees or elected representatives responsible for Education regarding the request for a possible proposal to build a new school on Farm Terrace Allotments, Watford or the extension of Laurance Haines School between 01/10/14 & 30/04/15.
Please note that I am mindful of the cost limits exemption so have requested the information from those specific employees or elected representatives who would be involved in the delivery of new schools.
Yours faithfully,
Frederick Wesley
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Herts Direct
Hertfordshire County Council
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Dear Frederick Wesley,
Thank you for your email. Your message has been sent to the relevant department and will be dealt with as soon as possible. Should you need to make contact with us again on this matter, please quote reference number: 11469
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Dear Mr Wesley
Reference number: EIR/ENV/05/15/8726
Thank you for your correspondence of the 6th May 2015 requesting the
following information:
“Under the Freedom of Information act please provide copies of:
1. All correspondence (electronic or written) between the Education
Department of the County Council or elected representatives responsible
for Education and Watford Borough Council involving the request for a
possible proposal to build a new school on Farm Terrace Allotments,
Watford or the extension of Laurance Haines School between 01/10/14 &
30/04/15.
2. All internal correspondence (including meeting notes) for those County
Council employees or elected representatives responsible for Education
regarding the request for a possible proposal to build a new school on
Farm Terrace Allotments, Watford or the extension of Laurance Haines
School between 01/10/14 & 30/04/15.”
Although you made your request for information under the Freedom of
Information Act 2000, your request is being considered under Environmental
Information Regulations 2004, as the content of your request relates to
the known built environment and the impact of changes upon it. We will
respond to your request as quickly as possible, and by close of 3rd June
2015 at the latest.
If you have any questions, please do not hesitate to contact me, quoting
the reference number above.
Yours sincerely,
Information Access Team
Postal Point CHN 305
Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE
t: 01992 555848 Comnet / Internal: 25848
Fax: 01992 588117
Email: [1][email address]
Dear Mr. Wesley,
Reference number: EIR/ENV/05/15/8726
Further to our acknowledgement of the 7^th May 2015:
Your request for information is being considered under the Environmental
Information Regulations 2004. Owing to the quantity and complexity of the
information you have requested we will not be able to provide the
information to you within 20 working days as originally anticipated, and
therefore need to extend the deadline as indicated below. The regulations
allow for an extension under these circumstances.
[The correspondence requires some redaction and we need to consult other
parties and consider whether some items should be exempted from disclosure
against the exceptions contained within the Environmental Information
Regulations 2004].
We will respond to your request as quickly as possible, and by 1^st July
2015 at the latest. This replaces any deadline previously given.
If you have any questions, please do not hesitate to contact me, quoting
the reference number above.
Yours sincerely
Elaine Dunnicliffe
Information Governance Unit Manager
Hertfordshire County Council
Telephone: 01992 555848 (25848)
Email: [1][email address]
The Information Access Team supports Hertfordshire County Council's
Freedom of Information and Environmental Information Regulations activity.
Hertfordshire - County of Opportunity
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Elaine Dunnicliffe
Information Governance Unit Manager
Improvement and Technology
Postal Point CHN 305
County Hall,
Hertford, SG13 8DQ
01992 588323
(Comnet 28323)
[5]hertsdirect / [6]twitter / [7]facebook
Hertfordshire - County of Opportunity
****Disclaimer****
The information in this message should be regarded as confidential and is
intended for the addressee only unless explicitly stated. If you have
received this message in error it must be deleted and the sender notified.
The views expressed in this message are personal and not necessarily those
of Hertfordshire County Council unless explicitly stated. Please be aware
that emails sent to or received from Hertfordshire County Council may be
intercepted and read by the council. Interception will only occur to
ensure compliance with council policies or procedures or regulatory
obligations, to prevent or deter crime, or for the purposes of essential
maintenance or support of the email system.
References
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1. mailto:[email address]
2. http://www.hertsdirect.org/
3. http://twitter.com/hertscc
4. http://www.facebook.com/Hertsdirect
5. Hertsdirect home page
http://www.hertsdirect.org/
6. Twitter: HCC
http://twitter.com/hertscc
7. Facebook: HCC
http://www.facebook.com/hertscountycouncil
Dear Mr Wesley
Reference number: EIR/ENV/05/15/8726
On 6^th May 2015,Hertfordshire County Council received the following
request for information from you:
“1. All correspondence (electronic or written) between the Education
Department of the County Council or elected representatives responsible
for Education and Watford Borough Council involving the request for a
possible proposal to build a new school on Farm Terrace Allotments,
Watford or the extension of Laurance Haines School between 01/10/14 &
30/04/15.
2. All internal correspondence (including meeting notes) for those County
Council employees or elected representatives responsible for Education
regarding the request for a possible proposal to build a new school on
Farm Terrace Allotments, Watford or the extension of Laurance Haines
School between 01/10/14 & 30/04/15.
Please note that I am mindful of the cost limits exemption so have
requested the information from those specific employees or elected
representatives who would be involved in the delivery of new schools.”
Your request for information has been considered under the Environmental
Information Regulations 2004 .I can confirm that Hertfordshire County
Council does hold the information you have requested and can respond as
follows:
Please see the 2 attached zipped files:
Email 2014 to 2015 contains 11 emails and a File Note written on behalf of
the company AECOM
Watford MDT Minutes 2014 to 2015 contains 5 minutes of meetings:
These documents contain redactions:
Black denotes all signatures, contact details and names of those where
they are not already in the public domain and where they are not
considered to be senior decision makers, and as a result of consultation.
As we believe this information should be withheld under the exception
contained in Regulation 13 of the Environmental Information Regulations
2004, relating to third party personal data. To disclose personal data
concerning third party individuals would contravene the first Data
Protection principle as none of the conditions in Schedule 2 of the Data
Protection Act are satisfied.
In reaching its decision the County Council has balanced the public
interest test in withholding the information against the public interest
in disclosure.
The factors we have considered which are in favour of disclosure are:
· Disclosure may facilitate the accountability and transparency of
public authorities;
· Disclosure may allow individuals to better understand decisions
made by public authorities affecting their lives and, in some cases,
assist individuals in challenging those decisions.
The factors we have considered which are against disclosure are:
· The disclosure of third party personal data without the parties’
prior consent would constitute a breach of the Data Protection Act 1998.
· Several people have and are working on this project on behalf of
their company and feel their personal details to be irrelevant to the
business in hand and may detract from the business they are conducting
with HCC and WBC
· In consultation with the individuals involved in discussions and
working on this project objections to release personal details have been
received.
On balance, it is considered that it is not in the public interest to
disclose the sections of the attached documentation which constitute third
party personal data as the public interest in withholding this information
is not countered by at least equally strong arguments in favour of
disclosure.
Green has been used in the minutes to remove all information which is
outside the scope of this request
Pink denotes information the Council considers is exempt from disclosure
under Regulation 12(5)(e) of the 2004 regulations on grounds that
disclosure would adversely affect the confidentiality of commercial or
industrial information where such confidentiality is provided by law to
protect a legitimate economic interest.
In applying this exemption we have had to balance the public interest test
in withholding the information against the public interest in disclosure.
The factors we have considered which are in favour of disclosure are:
· There is a public interest in allowing scrutiny of how public
money is spent and ensuring value for money when purchasing goods and
services.
· Facilitate the accountability and transparency of public
authorities for decisions taken by them including the planning process.
· Allow individuals to understand decisions made by public
authorities affecting their lives and, in some cases, assist individuals
in challenging those decisions.
· Disclosure may further the understanding of and participation in
the debate and issues of the day.
The factors we have considered which are against disclosure are:
· The public interest in a live and ongoing issue which
disclosure of would make it more difficult for WBC, HCC, Head teachers of
schools and commercial bodies to be able to conduct commercial
transactions or have other dealings with public bodies.
· It is not constructive to the public understanding of this issue
for potentially unrevised and inaccurate information to be made available
in the public domain when the final and accurate information will be made
available to the public in due course and in line with planning
regulations.
· The public interest in ensuring that there is competition for
public sector contracts, and not discouraging the private sector from
doing business with the public sector.
· The public interest in ensuring that any future bargaining
position during contractual negotiations which the County may have is
maintained which would result in effective use of public money.
On balance, it is considered that it is not in the public interest to
disclose the requested information, as its disclosure would or would be
likely to prejudice the commercial interests of third parties and or the
Councils involved in negotiations. As there are a number of options
available for expansion and/or building of schools and this is very much a
live and ongoing issue, disclosure could be putting into the public domain
inaccurate information which could mislead the public and damage
reputations of those involved in the issue by association of having
inaccurate information in the public domain. Disclosure could also damage
opportunities for prospective companies to tender in the future within
Hertfordshire for the expansion and building of schools, and could affect
the Council’s ability to obtain the best rates for such contracts in the
future and could also affect the company’s ability to successfully tender
for any renewable contract.
If you have any questions, please do not hesitate to contact me, quoting
the reference number on this correspondence. To find out more about
Freedom of Information, please visit [1]www.hertsdirect.org/foi
If you are unhappy with the way the County Council has handled your
request for information you may request an internal review of the request.
This will be carried out by a member of the County Council Legal Services
Team, who has had no prior involvement with the request. Requests for an
internal review should be sent to the Information Governance Unit at the
address above.
If you are unhappy with the outcome of the internal review you are
entitled to ask the Information Commissioner to investigate your
complaint. You should write to: FOI/EIR Complaints Resolution, Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.
Yours sincerely,
Information Access Team
Postal Point CHN 305
Hertfordshire County Council, County Hall, Pegs Lane, Hertford, SG13 8DE
t: 01992 555848 Comnet / Internal: 25848
Fax: 01992 588117
Email: [2][email address]
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