FOI Requests from Brian Spencer

Response to this request is long overdue. By law, under all circumstances, National Archives should have responded by now (details). You can complain by requesting an internal review.

Dear National Archives,

This is a Freedom of Information Request.

I wish to ask for a list of Freedom of Information Requests made to the National Archives by the late Brian Spencer about the suspicious death of Dr. David Kelly in Oxfordshire in 2003.

I wish also to receive copies of the replies sent to Mr. Spencer by the National Archives in response to those Freedom of Information Requests.

Mr. Spencer died in unexplained circumstances on or around 26th October 2012.

I am concerned that Mr. Spencer's death may relate to his activity in actively seeking to establish whether or not Dr. Kelly was murdered. At the time of his death he was, for example, blogging actively on the matter of Dr. Kelly's death on his blog Dr. Kelly's Death - Time for the Truth ( http://drkellysdeath-timeforthetruth.blo... ).

I believe it is a matter of public interest that Mr. Spencer's FOI Requests to the National Archives on the death of Dr. Kelly and the responses from the National Archives be a matter of public record.

Thank you for your help.

Yours faithfully,

(Dr) Andrew Watt

foienquiry, National Archives

Dear Dr Watt,

Thank you for your enquiry of 16 May requesting a list of Freedom of Information Requests made to the National Archives about the death of Dr. David Kelly. We have copied the text of your request below:


I wish to ask for a list of Freedom of Information Requests made to the National Archives by the late Brian Spencer about the
suspicious death of Dr. David Kelly in Oxfordshire in 2003.

I wish also to receive copies of the replies sent to Mr. Spencer by
the National Archives in response to those Freedom of Information
Requests.

Mr. Spencer died in unexplained circumstances on or around 26th
October 2012.

I am concerned that Mr. Spencer's death may relate to his activity
in actively seeking to establish whether or not Dr. Kelly was
murdered. At the time of his death he was, for example, blogging
actively on the matter of Dr. Kelly's death on his blog Dr. Kelly's
Death - Time for the Truth (
http://drkellysdeath-timeforthetruth.blo... ).

I believe it is a matter of public interest that Mr. Spencer's FOI
Requests to the National Archives on the death of Dr. Kelly and the
responses from the National Archives be a matter of public record.

We are handling your request under the Freedom of Information Act 2000.
At present The National Archives is unable to progress this request because we require proof that the individual to whom it relates is deceased. Without this proof, the exemption at section 40 (2) of the FOI Act will apply to the information you have requested. This exempts personal data from disclosure.The personal information of Brian Spencer was supplied in confidence and therefore must remain closed until proof of his death has been provided.

If you are able to provide documentary proof that Brian Spencer is deceased, it may be possible to provide you with the information you have requested. The National Archives is able to accept scanned images or a copy of a death certificate, a published obituary, or an entry in an official history. We are unable to accept proof of death details that have been transcribed into e-mails. We are also unable to accept references to Find My Past or other genealogy websites as they can contain transcription errors and do not provide enough information to compare to the detail in the file.

Section 40 of the FOI Act exempts personal information about a ‘third party’ (someone other than the requester), if revealing it would breach the terms of the Data Protection Act (DPA) 1998. The DPA prevents personal information from release if it would be unfair or at odds with the reason why it was collected, or where the subject had officially served notice that releasing it would cause them damage or distress.

If you have a proof of death for the individual as described above, please send it to:

FOI Centre
The National Archives
Kew
Richmond
Surrey
TW9 4DU

Email: [email address]
Fax: 020 8487 1976

We have now placed this request for information on hold for one month whilst you provide proof of death for the subject concerned. After this time, the request will be closed, but if you are able to locate and provide documentary proof of death after this time we will be happy to open a new request for the same information. If you have any queries regarding this email please do not hesitate to contact us. Remember to quote the reference number above in any future communications.

If you are dissatisfied with the handling of your request or the decision which has been reached, you have the right to ask for an internal review. Internal review requests must be submitted within two months of the date of this response and should be addressed to:

Quality Manager
Public Services Development Unit
The National Archives
Kew
Richmond
Surrey
TW9 4DU
[email address]

Please mark your complaint clearly. You have the right to ask the Information Commissioner (ICO) to investigate any aspect of your complaint. However, please note that the ICO is likely to expect internal complaints procedures to have been exhausted before beginning his investigation.

Yours sincerely,

Poppy Groves

Freedom of Information Assessor
Freedom of Information Centre
Information Management and Practice Department
The National Archives

If you would like to contact us again regarding
this request, please contact the helpdesk:

via e-mail: By replying to this e-mail
or (020 8876 3444)
Remember to quote your call reference number: F0034704 in any
correspondence, as this will assist us in providing you with a
quick response.

www.nationalarchives.gov.uk

Please don't print this e-mail unless you really need to.

show quoted sections

Dear foienquiry,

Today I sent a scanned copy of Mr. Spencer's death certificate by email.

I trust that you now have the information you need to provide an answer to my FOI Request.

Thank you

Yours sincerely,

(Dr) Andrew Watt

foienquiry, National Archives

Dear Dr Watt

Thank you for your email. Unfortunately we do not seem to have received the scanned copy. Please could you confirm the address to which it was sent?

Kind Regards

Poppy Groves

show quoted sections

Dear foienquiry,

Ms Groves,

It was sent to [email address], quoting the relevant Reference Number.

Yours sincerely,

(Dr) Andrew Watt

foienquiry, National Archives

Dear Dr Watt

Unfortunately this proof of death was not received. We are experiencing some difficulties with the receipt of scanned attachments to the aforementioned address.

I would be extremely grateful if you could re-send the attachment to the following address, in PDF format if possible -

[email address]

Please accept our apologies for any inconvenience this may cause. I will confirm receipt of the attachment accordingly.

Kind Regards

Poppy Groves

show quoted sections