Fraud Department Summery Report

Waiting for an internal review by Bradford City Council of their handling of this request.

Dear Bradford City Council,

I write to make a Freedom of Information (FOI) requested regarding the Council's Cooperate Fraud division.

1. When was the Council's Fraud Deviation first established*?

2. What was in its place prior to its establishment?

3. If the Fraud Deviation is subdivided into Units, then how many Units are there at present?

4. For each year since its establishment*, how many Units have there been?

5. If the Units are further divided into Teams, then how many Teams per Unit at present?

6. For each year since its establishment*, how many Teams have there been?

7. For each Team, indicate how many employees are currently employed?

8. For each year since its establishments*, indicate how many employees there have been in total per year?

9. At present indicate how many employees are employed as managers or overseers and how many are employed as investigator or field workers?

10. For each year since its establishment*, indicate the same division between managers and workers of said periods?

11. For each year since its establishment*, indicate what has been the Council's annual budget for the Division/Unit/Department/Team**?

12. Since its establishment*, list all the categories of fraud that have been identified?

13. For each Identified Category of Fraud (ICF), indicate the year it was first detected?

14. For each ICF, indicate how many have:
a) Numbers Reported,
b) Numbers Investigated,
c) Numbers Prosecuted,
d) Numbers Convicted,
for each year since its establishment*?

15. At present indicate the number of live investigations still on going?

16. As an estimate, please indicate how long, on average, an investigation takes, calculated in months for each ICF?

17. Once a fraud is reported, please detail the policies, procedures and protocol that are followed by the Council?

18. For each ICF, indicate how much total amount of money the Council has secured through successful Conviction per year, since its establishment*?

19. Given the total amounts identified through successful Conviction, what has been the total amount actually retrieved/procured by the Council per year since its establishment*?

20. Since its establishment*, what has been the single largest amount of Fraud that the Council has successfully secured through prosecution and Conviction;
a) What was the year of Conviction?
b) What ICF did it belong to?
c) What where the terms of the conviction i.e. what jail term and/or fine were imposed on the perpetrator?

21. Since its establishments*, on how many number of occasions has the Council, acting as Prosecutor, secured a Proceeds of Crime Act 2002 Court Order against a perpetrator.

Please indicate your acceptance of the FOI request and the protocol and standards that you hope to comply with.

Yours faithfully,

Mr Hussain.

*All reference to establishment date can be substituted for, since recording began, where appropriate.

**Delete as appropriate to your organisational setup.

Benefits - GCSx,

Dear Mr Foi Benefits
 
Freedom of Information Act 2000
 
Thank you for your request submitted under the terms of the Freedom of
Information Act 2000. This matter is now receiving our attention and we
aim to have a response out to you by 13/062014 within the period of 20
working days allowed for disclosure.
 
You will be informed in advance if there is a charge for supplying copies
of the information. We will also provide an explanation if any information
is not released to you. If the requested information contains references
to any third parties we may need to consult with them before deciding
whether or not to release the information.
 
Should you have any queries regarding your request please feel free to
contact us at [Bradford City Council request email] quoting the FOI reference no: ENQ00976
 
 
Yours sincerely
 
Antoni Partyka
Revenues and Benefits Service
 
This email, and any attachments, may contain Protected or Restricted
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viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

Benefits, Bradford City Council

Dear Mr Hussain
 
Freedom of Information Act 2000
 
I refer to your request for information made under the Freedom of
Information Act 2000 which I received on 19/05/14.
 
Unfortunately we are unable to deal with your enquiry as it is unclear
from your request what information you are seeking. Please could you
clarify what information you are seeking so that we may process your
request.
 
I write to make a Freedom of Information (FOI) requested regarding the
Council's Cooperate Fraud division
 
The Council’s anti-fraud function is performed by the Corporate Fraud Unit
(CFU). Do all your subsequent questions refer to activity by the Corporate
Fraud Unit? Or do you mean something else if so please clarify?
 
1. When was the Council's Fraud Deviation first established*?
Do you mean ‘When was the Council’s Corporate Fraud Unit first
established? (Fraud deviation is a technical term that applies to adaptive
fraud detection methods using deviations from the expected Benford's law
distributions (used in accountancy auditing) as an indicator of potential
fraud. Are you referring to this?) Or do you mean something else if so
please clarify?
 
12. Since its establishment*, list all the categories of fraud that have
been identified?
 
What do you mean by identified? Do you mean types of fraud that have been
investigated with a successful result, all types of fraud that have been
investigated or do you mean types of potential fraud that may be committed
against the Council? Or do you mean something else if so please clarify?
 
19. Given the total amounts identified through successful Conviction, what
has been the total amount actually retrieved/procured by the Council per
year since its establishment*?
 
Do you mean what is the monetary figure recovered in cases where a court
has delivered a guilty verdict or do you mean the total amount recovered
from all investigations? Or do you mean something else if so please
clarify?
 
In most cases you have added an asterix after the word ‘established’ or
‘establishment’. Could you indicate what the asterix relates to please?
 
 
If you are not satisfied with this reply you may ask for a review of this
decision by contacting [Bradford City Council request email] or by writing to Freedom of
Information, Bradford Metropolitan District Council, 4th Floor Britannia
House, Hall Ings, Bradford, BD1 1HX
 
If you are still not satisfied with the outcome of the internal review you
have the right of appeal to the Information Commissioner who can be
contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
URL: [1]http://www.informationcommissioner.gov.uk
 
Yours sincerely
 
H Singh
Revenues and Benefits Service

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References

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[Opening] Dear Mr H.Singh,

My apology for the confusion in my original questions, allow me to elaborate further.

[Enquiry :E1]The Council’s anti-fraud function is performed by the Corporate Fraud Unit (CFU). Do all your subsequent questions refer to activity by the Corporate Fraud Unit? Or do you mean something else if so please clarify?

[Response :R1] Yes all subsequent references refer to CFU. The word "Deviation" was an autocorrect spelling mistake on my part.

[E2] What do you mean by identified? Do you mean types of fraud that have been investigated with a successful result, all types of fraud that have been investigated or do you mean types of potential fraud that may be committed against the Council? Or do you mean something else if so please clarify?

[R2] All types of fraud that have been investigated indicating whether successful or not. I do not mean potential fraud that may be committed as this information would be difficult to collate or unknown.

[E3] Do you mean what is the monetary figure recovered in cases where a court has delivered a guilty verdict or do you mean the total amount recovered from all investigations? Or do you mean something else if so please

[R3] I wanted clarity on the actual monetary figure that has been recovered against the amount that was deemed recoverable. As an illustrative example, see the following article; the crime was for £2.3 million, the investigation cost £100,000, yet the Order was to recover £24. I want to know how much of the £24 was actually recovered not the amount ordered by the Courts to be paid back (£24); in your case that information should be provided as a response to my question 18. I am trying to determine the monetary value of the actual fraud, the amount ordered to be paid back and the actual monetary amount received or collected, against the amount it costs the Tax payer to carry out the investigation.

[External reference] http://www.mirror.co.uk/news/uk-news/her...

[Closing] regards, Mr Hussain

Benefits, Bradford City Council

Your email has been received by Bradford Council's Benefits Team and will
be dealt with as soon as possible.  We aim to respond to general enquiries
within 5 working days.
 
Information about Housing Benefit, Council Tax Benefit and Education
Benefits is available on the Council's website :
 
[1]http://www.bradford.gov.uk/benefits

 

References

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1. http://www.bradford.gov.uk/benefits

Dear Bradford Council

Please can you indicate when I can expect a response? I would like to request an internal review as to why there has been a delay in formally responding to my enquiries, as by law, the authority should normally have responded promptly and by 7th July 2014.

Yours sincerely,

Mr Hussain

Benefits, Bradford City Council

Your email has been received by Bradford Council's Benefits Team and will
be dealt with as soon as possible.  We aim to respond to general enquiries
within 5 working days.
 
Information about Housing Benefit, Council Tax Benefit and Education
Benefits is available on the Council's website :
 
[1]http://www.bradford.gov.uk/benefits

 

References

Visible links
1. http://www.bradford.gov.uk/benefits

Benefits, Bradford City Council

Dear Mr Hussain
 
Freedom of Information Act 2000
 
I refer to your request for information about the Corporate Fraud Unit
which I received on 10th June 2014.
 
A response to each of your questions is listed below.

 1. Q. When was the Council’s Corporate Fraud Unit first established?

The Corporate Fraud Unit was formed in June 2012 however the statistical
information held on the fraud system is only available from 01/04/13.
 

 2. Q. What was in its place prior to its establishment?

A. Counter Fraud and Interventions Team (CFIT) for Benefits related
allegations of fraud & the Investigation Team within Internal Audit for
any other allegations of fraud.
 

 3. Q. If the Corporate Fraud Unit is subdivided into units how many units
are there at present?

 
A. 1 unit
 

 4. Q. For each year since its establishment how many units have there
been?

A. 1 unit
 

 5. Q. If the units are further divided into teams how many teams per unit
at present?

A. 1

 6. Q. For each year since its establishment how many teams have there
been?

A. 1

 7. Q. For each team indicate how many employees are currently employed?

 
A. 18.3 full time equivalents not including vacancies
 
 

 8. Q. For each year since its establishment indicate how many employees
there have been in total per year.

A. 2013/14 19.5, 2014/15 as above
 

 9. Q. At present indicate how many employees are employed as managers or
overseers and how many are employed as investigators or field work?

A.

Role Number of employees (FTE)
Management / Supervisory 3
Investigators/Field Work 15.3

 
 

10. Q. For each year since its establishment indicate the same division
between managers and workers of said periods.

A.

Role Number of employees (FTE) Number of employees
2013/2014 (FTE) 2014/2015
Management 3 3
Investigators/Field Work 16.8 15.3

 

11. Q. For each year since its establishment indicate what has been the
Council’s annual budget for the Corporate Fraud Unit.

2013/14  £706,000
2014/15  £697,800
 

12. Q. Since its establishment list all the categories of fraud that have
been identified.

 

Housing Benefit
Blue Badge
Business Rates
Citizen
Council Tax Benefit
Council Tax Reduction Scheme
Discretionary Housing Payment
Direct Payments
Discretionary Support Payments
Employee
Grants
Non Benefit Council Tax Liability
Single Person Discount
Tenancy

 
 

13. Q. For each identified category of fraud (ICF) indicate the year it
was    

        first detected.
 
 
       

Identified Category of  Fraud Year First Detected by the Corporate
Fraud Unit
Housing Benefit 2013/2014
Blue Badge 2013/2014
Business Rates 2014/2015
Citizen 2013/2014
Council Tax Benefit 2013/2014
Council Tax Reduction Scheme 2013/2014
Discretionary Housing Payment 2013/2014
Direct Payments 2013/2014
Discretionary Support Payments 2014/2015
Employee 2013/2014
Grants 2013/2014
Non Benefit Council Tax Liability 2013/2014
Single Person Discount 2013/2014
Tenancy 2013/2014

 
 

14. Q. For each ICF indicate how many have:

 a. Numbers reported
 b. Numbers investigated
 c. Numbers prosecuted
 d. Numbers convicted

 
for each year since its establishment?
 

Numbers Numbers Numbers Convicted
Identified Numbers Investigated Prosecuted 2013/2014
Category of Fraud Reported 2013/2014 2013/2014 (cases closed with
2013/2014 (cases closed) (cases guilty court
closed) decision)
Housing Benefit 1845 446 39 38
Blue Badge 242 214 27 27
Business Rates 4 0 0 0
Citizen 20 16 3 2
Council Tax 19 30 6 5
Benefit
Council Tax 28 4 0 0
Reduction Scheme
Discretionary 1 1 0 0
Housing Payment
Direct Payments 4 2 0 0
Discretionary 5 0 0 0
Support Payments
Employee 46 26 0 0
Grants 3 2 0 0
Non Benefit
Council Tax 112 88 1 1
Liability
Single Person 116 66 1 0
Discount
Tenancy 50 23 0 0
Total 2495 920 77 73

 
 

15. Q. At present indicate the number of live investigations still
ongoing?

A.  290 ongoing investigations.
 

16. Q. As an estimate please indicate how long on average an investigation
takes calculated in months for each ICF.

 
 

Identified Category of  Fraud
Housing Benefit 5
Blue Badge 2
Business Rates N/A
Citizen 9
Council Tax Benefit 6
Council Tax Reduction Scheme 1
Discretionary Housing Payment 2
Direct Payments 6
Discretionary Support Payments 4
Employee 7
Grants 4
Non Benefit Council Tax Liability 2
Single Person Discount 2
Tenancy 3

 

17. Q. Once a fraud is reported please detail the policies, procedures and
and protocol that are followed by the council.

 
Allegations of fraud are recorded on the Council’s system and where
applicable and appropriate an investigation will commence. The Corporate
Fraud Unit has a suite of local practices and procedures to follow which
are exempt from this request.
 
 

18. Q. For each ICF indicate how much total amount of money the Council
has secured through successful conviction per year since its
establishment.

 

Identified Category of Fines(£) Legal Costs Investigation Overpayments
Fraud Awarded(£) Costs Awarded(£) (£)
Housing Benefit 1210.00 2673.74 1473.74 435723.60
Blue Badge 3195.00 3044.47 3186.61 0.00
Citizen 0 307.50 492.50 26482.00
Council Tax Benefit 470.00 505.00 579.22 42038.50
Non Benefit Council Tax 0 750.00 344.00 6573.51
Liability
Total (£) 4875.00 7280.71 6076.07 510817.61

 
 

19. Q. Given the total amounts identified through successful conviction
what has been the total amount actually retrieved/procured by the
Council?

We are unable to extract this information.
 

20. Q. Since its establishment what has been the single largest amount of
fraud that the Council has successfully secured through prosecution?

 e. What was the year of conviction?
 f. What ICF did it belong to?
 g. What were the terms of the conviction i.e. what jail term and/or fine
were imposed on the perpetrator?

 

 A. £45,283.59       (a) 2013 (b) Housing Benefit (c) 8 months
imprisonment suspended 12 months

 
 

21. Q. Since its establishment on how many numbers of occasions has the
Council acting as prosecutor secured a Proceeds of Crime Act?

 
A. None
 
 
 
If you are not satisfied with this reply you may ask for a review of this
decision by contacting [Bradford City Council request email] or by writing to Freedom of
Information, Bradford Metropolitan District Council, 4th Floor Britannia
House, Hall Ings, Bradford, BD1 1HX
 
If you are still not satisfied with the outcome of the internal review you
have the right of appeal to the Information Commissioner who can be
contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 01625 545700
URL: [1]http://www.informationcommissioner.gov.uk
 
Yours sincerely
 
H Singh
Revenues and Benefits Service

This email, and any attachments, may contain Protected or Restricted
information and is intended solely for the individual to whom it is
addressed. It may contain sensitive or protectively marked material and
should be handled accordingly. If this email has been misdirected, please
notify the author immediately. If you are not the intended recipient you
must not disclose, distribute, copy, print or rely on any of the
information contained in it or attached, and all copies must be deleted
immediately. Whilst we take reasonable steps to try to identify any
software viruses, any attachments to this email may nevertheless contain
viruses which our anti-virus software has failed to identify. You should
therefore carry out your own anti-virus checks before opening any
documents. Bradford Council will not accept any liability for damage
caused by computer viruses emanating from any attachment or other document
supplied with this email. Emails may be subject to recording and / or
monitoring in accordance with relevant legislation.

References

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Dear Bradford City Council,

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

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Fraud Department Summery Report '.

I initially made the FOI request on 15 of May 2014. I did not receive a response from you until 14 July 2014. This was well outside the 20 day time limit.

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

Yours faithfully,

Mr Hussain

Dani Mistry, Bradford City Council

I acknowledge the receipt of your request asking for a review regards your response to the FOI request. This matter is now receiving our attention and we aim to have a response out to you by 20th May within the period of 20 working days allowed for disclosure under a review.

Should you have any queries regarding your request, please feel free to contact us at [Bradford City Council request email] quoting the reference no: ENQ02678

Kind regards

Dani

Miss Dani Mistry
Information Governance Officer
City of Bradford Metropolitan District Council- Department of Finance 
5th Floor Britannia House, Hall Ings, Bradford BD1 1HX
Tel: 01274 434506
This E-mail may contain information that is privileged, confidential or otherwise protected from disclosure. It must not be used by, or its contents copied or disclosed to persons other than the intended recipient. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, on any information contained in this E-mail is excluded. If you are not the intended recipient, please notify the sender and delete the message from your system immediately.

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Freedom of Information, Bradford City Council

Dear Mr Hussain

 

Thank you for your request submitted under the terms of the Freedom of
Information Act 2000. This matter is now receiving our attention and we
aim to have a response out to you by 20^th May 2015, within the period of
20 working days allowed for disclosure.

 

You will be informed in advance if there is a charge for supplying copies
of the information.  We will also provide an explanation if any
information is not released to you.  If the requested information contains
references to any third parties, we may need to consult with them before
deciding whether or not to release the information.

 

Should you have any queries regarding your request, please feel free to
contact us at [1][Bradford City Council request email] quoting the reference no: ENQ02678

 

Yours Sincerely

 

Angela Firth

 

 

Mrs Angela Firth

Information Governance Support Officer

City of Bradford Metropolitan District Council- Department of Finance

5th Floor Britannia House, Hall Ings, Bradford BD1 1HX

Tel: 01274 432632

e-mail: [email address]

Visit our website at www.bradford.gov.uk

 

If you would like to make a Freedom of Information/Subject Access request,
please send your request to the FOI central mailbox: [Bradford City Council request email] 

Please include your name, address and telephone number so we can contact
you to discuss your request if necessary. Please be as specific as
possible about the information you require as this will help us to respond
promptly

 

This E-mail may contain information that is privileged, confidential or
otherwise protected from disclosure. It must not be used by, or its
contents copied or disclosed to persons other than the intended recipient.
Any liability (in negligence or otherwise) arising from any third party
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Dani Mistry, Bradford City Council

Dear Mr Hussian,

I refer to your request dated 21st April asking for a review of the handling of our response to your FOI request back in May 2014

I have had a look at this matter and confirm that:

Initial FOI was made 15 May 2014 and was responded to on 5th June 2014 stating unable to answer as unclear what was requested. Asked for some clarity if wanted to pursue request.

We received clarification 10/6/14 which was classed as new FOI, the delay in the response was officer was waiting for information which was not readily available hence the delay in our response which we can only apologies for which was outside of the 20 days limit.

If you are still not satisfied with the outcome of the internal review you have the right of appeal to the Information Commissioner who can be contacted at: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 01625 545700 URL: http://www.informationcommissioner.gov.uk

Yours sincerely

Kind regards

Dani

Miss Dani Mistry
Information Governance Officer
City of Bradford Metropolitan District Council- Department of Finance 
5th Floor Britannia House, Hall Ings, Bradford BD1 1HX
Tel: 01274 434506
This E-mail may contain information that is privileged, confidential or otherwise protected from disclosure. It must not be used by, or its contents copied or disclosed to persons other than the intended recipient. Any liability (in negligence or otherwise) arising from any third party acting, or refraining from acting, on any information contained in this E-mail is excluded. If you are not the intended recipient, please notify the sender and delete the message from your system immediately.

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Dear Bradford City Council,

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

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Fraud Department Summery Report '.

History of events
15 May 2014 -FOI initiated
19 May 2014 -FOI Acknowledged
5 June 2014 - FOI Clarification Sort
9 June 2014 - FOI Clarification Provided and acknowledged
8 July 2014 - Failure to deliver, Internal review quested.
14 July 2014 - FOI completed.
21 April 2015 - Internal review requested
27 April 2015 - Internal Review acknowledge
30 April 2015 - Internal Review completed

My question is why was my FOI clarification of the 9 June 2014, reclassified as a new FOI? I accept you have a right to seek clarification. Any delays in responding can justifiably be used as a reasonable excuse to extend the 20 day limit. I provided full clarity within 4 days to your pedantic questions. My concern is that potentially you have discovered a workaround solution "hack" to escape the strict 20 day limit period.

Simple by asking a frivolous clarification question a few days prior to the 20 day limit period and reclassifying the clarification response as a new FOI, you potentially could extended the time limit indefinitely, thus making a mockery of any strict limit period.

[Q1] Please explain why my clarification, to your questions, on 9 June 2014 was reclassified as a new FOI, to my detriment?

[Q2] In your response of the 30 April 2015, you state " Asked for some clarity if wanted to pursue request." Please reference when this statement was made in your initial clarification request of the 5 June 2014. I challenge this statement was ever made by you to me.

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

Yours faithfully,

Mr Hussain

Angela Firth, Bradford City Council

Dear Mr Hussain

 

In relation to your question, ‘please explain why my clarification, to
your questions, on 9^th June 2014 was reclassified as a new FOI, to my
detriment’?

 

The effect of requesting clarification under section 1 (3)

 

Section 10(6) provides that the date of receipt will be the day on which
the authority receives the request or ‘if later, the day on which it
receives the information referred to in section 1(3)’

 

Section 1 (3) states:

 

1.—(3)Where a public authority—

(a) reasonably requires further information in order to identify and
locate the information requested, and

(b) has informed the applicant of that requirement,

the authority is not obliged to comply with subsection (1) unless it is
supplied with that further information.

 

This effectively means that where a public authority needs more details to
identify and locate the requested information and has contacted the
requester for further clarification, the date of receipt will be the day
the authority receives the information it requires to comply with the
request.

 

The 20 working day clock will start the day after the authority receives
the necessary clarification.

 

Your second question ‘In your response of the 30^th April 2015, you state
‘Asked for some clarity if wanted to pursue request’.  Please reference
when this statement was made in your initial clarification request of the
5^th June 2014.  I challenge this statement was ever made by you to me.

 

We wrote to you on 5^th June asking if you could clarify what information
you are seeking so that we may process your request.  We did not use the
exact wording you have mentioned, but our intention was clear in that we
required clarity.

 

In accordance with the Freedom of Information  Act, if you are not
satisfied with this reply you may ask for a review of the decision by
contacting [1][Bradford City Council request email] or by writing to Freedom of Information,
Bradford Metropolitan District, 5th Floor, Britannia House,Hall Ings,
Bradford, West Yorkshire, BD1 1HX.

 

If you are still not satisfied with the outcome of the internal review you
have the right of appeal to the Information Commissioner who can be
contacted at: Information Commissioner’s Office, Wycliffe House, Water
Lane, Wilmslow, Cheshire, SK9 5AF

Tel: 01625 545700      URL: [2]http://www.informationcommissioner.gov.uk

 

 

Sent on behalf of Sally Marshall

 

Yours

 

Angela Firth

 

Mrs Angela Firth

Information Governance Support Officer

City of Bradford Metropolitan District Council- Department of Finance

5th Floor Britannia House, Hall Ings, Bradford BD1 1HX

Tel: 01274 432632

e-mail: [email address]

Visit our website at www.bradford.gov.uk

 

If you would like to make a Freedom of Information/Subject Access request,
please send your request to the FOI central mailbox: [Bradford City Council request email] 

Please include your name, address and telephone number so we can contact
you to discuss your request if necessary. Please be as specific as
possible about the information you require as this will help us to respond
promptly

 

This E-mail may contain information that is privileged, confidential or
otherwise protected from disclosure. It must not be used by, or its
contents copied or disclosed to persons other than the intended recipient.
Any liability (in negligence or otherwise) arising from any third party
acting, or refraining from acting, on any information contained in this
E-mail is excluded. If you are not the intended recipient, please notify
the sender and delete the message from your system immediately.

 

Please consider the environment before printing this email

 

 

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Angela Firth, Bradford City Council

Dear Mr Hussain

Please except my apologise for the lateness in replying to your FOI request.

The council's response is set out below:

In relation to your question, ‘please explain why my clarification, to your questions, on 9th June 2014 was reclassified as a new FOI, to my detriment’?

The effect of requesting clarification under section 1 (3)

Section 10(6) provides that the date of receipt will be the day on which the authority receives the request or ‘if later, the day on which it receives the information referred to in section 1(3)’

Section 1 (3) states:

1.—(3)Where a public authority—
(a) reasonably requires further information in order to identify and locate the information requested, and
(b) has informed the applicant of that requirement,
the authority is not obliged to comply with subsection (1) unless it is supplied with that further information.

This effectively means that where a public authority needs more details to identify and locate the requested information and has contacted the requester for further clarification, the date of receipt will be the day the authority receives the information it requires to comply with the request.

The 20 working day clock will start the day after the authority receives the necessary clarification.

Your second question ‘In your response of the 30th April 2015, you state ‘Asked for some clarity if wanted to pursue request’. Please reference when this statement was made in your initial clarification request of the 5th June 2014. I challenge this statement was ever made by you to me.

We wrote to you on 5th June asking if you could clarify what information you are seeking so that we may process your request. We did not use the exact wording you have mentioned, but our intention was clear in that we required clarity.

In accordance with the Freedom of Information Act, if you are not satisfied with this reply you may ask for a review of the decision by contacting [Bradford City Council request email] or by writing to Freedom of Information, Bradford Metropolitan District, 5th Floor, Britannia House,Hall Ings, Bradford, West Yorkshire, BD1 1HX.

If you are still not satisfied with the outcome of the internal review you have the right of appeal to the Information Commissioner who can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Tel: 01625 545700 URL: http://www.informationcommissioner.gov.uk

Mrs Angela Firth
Information Governance Support Officer
City of Bradford Metropolitan District Council- Department of Finance
5th Floor Britannia House, Hall Ings, Bradford BD1 1HX
Tel: 01274 432632
e-mail: [email address]
Visit our website at www.bradford.gov.uk

If you would like to make a Freedom of Information/Subject Access request, please send your request to the FOI central mailbox: [Bradford City Council request email] 
Please include your name, address and telephone number so we can contact you to discuss your request if necessary. Please be as specific as possible about the information you require as this will help us to respond promptly

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Dear Bradford City Council,

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

I am writing to request an internal review of Bradford City Council's handling of my FOI request 'Fraud Department Summery Report '.

On 15 May 2015, I raised an FOI request via WhatDoTheyKnow Website entitled Fraud Department Summery Report. Question 21 was as follows:

"21. Since its establishments*, on how many number of occasions has
the Council, acting as Prosecutor, secured a Proceeds of Crime Act
2002 Court Order against a perpetrator."

A response to this question was received on 14 July 2014 stating :"None"

On the 17th of April 2015, I raised further questions seeking clarity in relation to your answer to question 21, to which your answer of 6th of May 2015 was as follows:

"Q2. I can confirm that the Councils Corporate Fraud Unit had not secured any orders under the Proceeds of Crime Act when the initial response was done in July 2014."

Following further enquires, you now state on the 26th of May 2015, that 7 restraint application orders where secured on the date of my FOI request. Your recent answer is as follows :

"Clarity C2. For clarification, an order for Confiscation or Compensation is ordered by the Courts in appropriate circumstances under the Proceeds of Crime Act. Since responding to your initial request in July 2014 the Council has secured 2 of these orders.
The Council can also make an application for a restraint where it is deemed appropriate. The Corporate Fraud Unit has made 7 restraint applications, with the earliest being dated 13/11/12."

My original question 21, on the 15 May 2014, did not relate specifically to confiscation/ Compensation orders or restraint application orders but to any order made under the Proceeds of Crime Act 2002 by the Corporate Fraud Unit.

If you were unclear about what exactly I was referring to, whether specifically relating to restraint application orders or confiscation application orders, or more generally to any application made under the Proceeds of Crime Act 2002, then why did you not seek clarity on this subject through your clarification request made on the 5th of June 2014.

The responses I have received from you can be viewed as deliberately misleading.

I now make a request for an internal review of why your response to this question 21 was factually inaccurate.

Furthermore in your response on the 30 April 2015 you state

"We wrote to you on 5th June asking if you could clarify what information you are seeking so that we may process your request. We did not use the exact wording you have mentioned, but our intention was clear in that we required clarity"

I acknowledge you didn't use the exact wording I mention on your clarification request on the 5th of June 2014, but the exact wording I mention where made in your reply of the 30th of April 2015 to my internal review request, by you not me. You can appreciate the terms "if you could clarify what information you are seeking so that we may process your request" is completely different to "Asked for some clarity if wanted to pursue request". The former is asking for further information, the latter is asking for instruction to proceed or failing this to withdraw the request. The second term is what you used on the 30th of April 2015, and are now looking to reconstitute it by attributing it to me, which I was objecting to, as this was not the case. On the 5th of June you sort clarity of requested information to process the request , you did not seek instruction as to weather to pursue the request as indicated on the 30th of April 2015.

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

Yours faithfully,

Mr Hussain

Mr Hussain left an annotation ()

On the 12th of June 2015, CBMDC decided to decline responding further to my enquires, as they deemed my numerous questions as constituting vexatious behaviour. If viewers and users of this site consider my questions as being legitimate and disagree with CBMDC's opinion of my behaviour -and consider their current stance as attempts at being evasive in answering legitimate question put to them by a member of the public - then please join me in my campaign to bring the Local Authority to account by signing my petition on the following site: https://you.38degrees.org.uk/p/MrHussain

Mr Hussain left an annotation ()

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