Gagging Orders

The request was successful.

Dear Powys Council,

Please could you disclose the number of staff exits which have included the use of gagging orders otherwise technically known as compromise or settlement agreements during the last 10 years.

Please could you provide a breakdown of the numbers and costs of such agreements per year.

If possible please could you indicate how many agreements in each year involved a member of staff exiting the organisation whose role involved working with children or other vulnerable groups.

Yours faithfully,

Rhys Matthews

Gwen Middleton (CSP - Customer Services), Powys County Council

 
 
Cyngor Sir Powys County Council
Neuadd y Sir / County Hall, Llandrindod Wells, Powys, LD1 5LG
 

Os yn galw gofynnwch am / If calling please ask
Information Management for:
Unit 29, Information Management
Ddole Road Enterprise Park Tel / Ffon: 01597 827512
Llandrindod Wells Fax / Ffacs: (01597) 825663
Powys Email / Llythyru electronig:
LD1 6DF [email address]
Our Ref / Ein cyf: F2013-869
Date: 22nd August 2013

 
Mr R Matthews
 
Person Dealing: Gwen Middleton
Direct Dial:            01597 82 7513
 
FREEDOM of INFORMATION ACT 2000
Reference No: F2013-869
 
Dear  Mr Matthews,
 
Thank you for your request for information, received at this office on
22/08/2013, in which you requested details of the following:
 
        The council's use of gagging orders during the last 10 years
 
The above is a summary of your request. The full details of the
information sought is provided to the officer to whom the request is
tasked.
 
Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances Powys County Council may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.
 
There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.
 
Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.
 
The due date for responding to this request for information is 19/09/2013.
 
Should you need to discuss this further please contact the officer dealing
with your request as identified at the beginning of this letter or
Information Management on 01597 827512 / 7513.
 
I would like to take this opportunity to thank you for your interest in
Powys County Council.
 
Yours sincerely,
 
 
Gwen Middleton
Senior Records & Compliance Assistant

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Gwen Middleton (CSP - Customer Services), Powys County Council

 
 
Cyngor Sir Powys County Council
Neuadd y Sir / County Hall, Llandrindod Wells, Powys, LD1 5LG
 

Os yn galw gofynnwch am / If calling please ask
Information Management for:
Unit 29, Information Management
Ddole Road Enterprise Park Tel / Ffon: 01597 827512
Llandrindod Wells Fax / Ffacs: (01597) 825663
Powys Email / Llythyru electronig:
LD1 6DF [email address]
Our Ref / Ein cyf: F2013-869
Date: 23rd August 2013

 
Mr R Matthews
 
Person Dealing: Gwen Middleton
Direct Dial:            01597 82 7513
 
Reference No: F2013-869
 
Dear Mr Matthews,
 
Thank you for your request for information dated 22/08/2013 concerning the
use by Powys County Council of gagging orders.
 
To help Powys County Council meet your request could you please provide me
with clarification in respect of the information you are seeking?
 
You asked:
Please could you disclose the number of staff exits which have included
the use of gagging orders otherwise technically known as compromise or
settlement agreements during the last 10 years?
 
A 'gagging order' is not the same as a 'compromise agreement' or
'confidentiality clause; the purpose of a gagging order is usually to
prevent or discourage whistleblowing whereas a confidentiality clause is
designed to keep confidential matters confidential and not to prevent or
discourage whistleblowing.
A compromise agreement can contain gagging clauses and/or confidentiality
clauses.
 
After receiving your reply, your request will then be considered and you
will receive the information requested within the statutory timescale as
defined by the Act, subject to the information not being exempt or
containing a reference to a third party. If you choose not to respond then
your request will remain unanswered.
 
There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the delivery timescale will be suspended until we receive payment from
you. If you chose not to make a payment then your request will remain
unanswered.
 
I would like to take this opportunity to thank you for your interest in
Powys County Council and look forward to your response.
 
 
Yours sincerely,
 
 
 
Gwen Middleton
Senior Records & Compliance Assistant

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Dear Gwen Middleton (CSP - Customer Services),

I am seeking information in respect of compromise or settlement agreements where the individual has to maintain confidentiality in relation to conditions of the agreement and waives employment rights to pursue litigation against the employer.

Yours sincerely,

Rhys Matthews

Dear Gwen Middleton (CSP - Customer Services),

Please advise on the current status of this request.

Yours sincerely,

Rhys Matthews

Gwen Middleton (CSP - Customer Services), Powys County Council

Dear Mr Matthews,

Thank you for your e-mail regarding the above request for information. I have been in touch with the officer tasked with providing your response and am awaiting a reply.
I apologise for the delay in providing you with an answer. I will forward the information to you as soon as I receive it.

Kind regards,

Gwen Middleton
Senior Records and Compliance Assistant
01597 827513

Information Management
29 Ddole Road Enterprise Park
Llandrindod Wells
LD1 6DF

Please note I do not work on Mondays and Tuesdays

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Dear Gwen Middleton (CSP - Customer Services),

Please can you again chase the whereabouts of my response as it is now significantly outside of the legislative timescales.

Yours sincerely,

Rhys Matthews

Gwen Middleton (CSP - Customer Services), Powys County Council

Dear Mr Matthews,

Thank you for your e-mail and I again apologise for the delay in providing you with a response to your request for information. I will endeavour to send you a response as soon as possible.

Kind regards,

Gwen Middleton

Senior Records and Compliance Assistant
01597 827513

Information Management
29 Ddole Road Enterprise Park
Llandrindod Wells
LD1 6DF

Please note I do not work on Mondays and Tuesdays

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Dear Powys Council,

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

I am writing to request an internal review of Powys Council's handling of my FOI request 'Gagging Orders'.

The Council has failed to meet the legislative timescale for a response to my FOI enquiry and I would like an internal review of this matter prior to raising it with the ICO.

A full history of my FOI request and all correspondence is available on the Internet at this address:

https://www.whatdotheyknow.com/request/g...

Yours faithfully,

Rhys Matthews

Freedom of Information Queries (CSP - Generic), Powys County Council

Dear Mr Matthews,

Thank you for your email in which you requested an Internal Review of your request as you had not received a response within the statutory timescale.

The Internal Review will be carried out by Ms Helen Dolman, Information Governance Manager.

We have 20 working days in which to respond to your request. You should, therefore, receive a response on or before 26 November 2013.

Yours sincerely.

Bronwyn Curnow

Rheolwr y Gwasanaeth Cofrestru, Cofnodion a Chydymffurfiaeth / Registration Service, Records & Compliance Manager
Cyngor y Powys / Powys County Council
Y Gwalia / The Gwalia
Ffordd Ieithon / Ithon Road
Llandrindod LD1 6AA
Ffon / tel: 01597 826782
Ebost / email: [email address]

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Helen Dolman (CSP - ICT), Powys County Council

Freedom of Information Act 2000

Request: F-2013-00869

 

Officer Dealing: Helen Dolman, Information Governance Manager

Direct Dial: 01597 826400

 

Date: 26^th November 2013

 

Dear Mr Matthews

 

Further to Powys County Council’s email of the 31^st October 2013 please
be advised that it will not be possible to provide you with the outcome of
my findings within the 20 working days specified as initially advised.

 

Whilst I appreciate your disappointment in not being provided with the
outcome of my findings and also the information which you originally
requested on the 21^st August 2013, I hope you will accept my apologies
for this delay and for any inconvenience this causes and be assured that I
hope to be able to respond to you within 10 working days.

 

Should you wish to discuss this in greater detail then please do not
hesitate to contact me.

 

Many thanks

 

Your sincerely

 

 

Helen Dolman

Information Governance Manager 

Cyngor Sir Powys County Council

Ffôn/Tel: 01597 826400

 

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Dear Helen Dolman (CSP - ICT),

Please advise on the status of my request for internal review.

Yours sincerely,

Rhys Matthews

Helen Dolman (CSP - ICT), Powys County Council

Freedom of Information Act 2000

Request: F-2013-00896

 

Officer Dealing: Helen Dolman, Information Governance Manager

Direct Dial: 01597 826400

 

Date: 18th December 2013

 

Dear Mr Matthews

 

Further to your request for an internal review of Powys County Council’s
handling of your recent Freedom of Information request in relation to
Powys County Council’s use of compromise/settlement agreements please be
advised that I have now concluded my investigation into the actions taken
by the Council.

 

Summary

 

I find that Powys County Council failed to respond to your Freedom of
Information request within the statutory timescale of twenty working days,
and therefore has breached Section 10(1) of the Act.

 

Please accept my apologies on behalf of Powys County Council for this
delay in responding to your request.

 

The Request

 

Your information request was made to Powys County Council on the 21st
August 2013,

Please could you disclose the number of staff exits which have included
the use of gagging orders otherwise technically known as compromise or
settlement agreements during the last 10 years.

 

Please could you provide a breakdown of the numbers and costs of such
agreements per year.

 

If possible please could you indicate how many agreements in each year
involved a member of staff exiting the organisation whose role involved
working with children or other vulnerable groups.

 

The acknowledgement issued to you on the 22nd August 2013 advised that the
due date for the response to your request was the 19th September 2013

 

On the 23rd August 2013 Powys County Council sought clarification as to
the information requested, from you.

 

This clarification was provided the same day.

 

I am seeking information in respect of compromise or settlement agreements
where the individual has to maintain confidentiality in relation to
conditions of the agreement and waives employment rights to pursue
litigation against the employer. 

 

On the 3rd October 2013 you sought details of the status of your request,
and were informed the same day that the Information Management Unit was
still awaiting information from the officer to whom the request had been
tasked to.

 

On the 15th October 2013 you did the same again, and was advised on the
18th October that a response would be provided as soon as possible.

 

On the 30th October 2013, you requested an internal review into the
handling of your request. 

 

Investigation

 

It has been established that the officer tasked with gathering the
information to respond to your request was not in receipt of your
clarification until the 9th September 2013.

 

The absence of forthcoming information from the tasked officer was not
escalated to the Records and Compliance Manager, until 2 days before the
response was due.

 

It is noted that Powys County Council didn’t write to apologise when it
became apparent that it would fail to respond within statutory
timescales. 

 

Findings

 

Under Section 10(1) of the Freedom of Information Act 2000 Powys County
Council was obliged to provide you with a response to your information
request by the 19th September 2013.

 

Part I of the Freedom of Information Act 2000, places a duty on public
authorities to respond to requests for information, and in particular,
under Section 10 (1), requires that they comply within twenty working days
of the request being received.

 

Section 10(1) Freedom of Information Act 2000, states;

Subject to subsections (2) and (3), a public authority must comply with
section 1(1) promptly and in any event not later than the twentieth
working day following the date of receipt.

 

Since neither fees nor an exemption was appropriate to this request then
subsections (2) & (3) above are not relevant.

 

The requested information was not readily available from the area tasked
with identifying and gathering the data, and failures to escalate the
absence of forthcoming information to senior managers, resulted in Powys
County Council failing to meet its obligations; and for this, I again
apologise on behalf of the Council.  

 

Please find below Powys County Council’s response to your original
request.

 

Following a search of our records, I have established that the information
you requested prior to 19.12.2005 is not held by this Authority.

 

+------------------------------------------------------------------------+
| |No of compromise| |Nos involved working |
|Period |agreements |Cost |with children |
| | | |/vulnerable Groups |
|------------------+----------------+-----------+------------------------|
|19.12..05-31.12..5|2 |£35,401.86 |0 |
|------------------+----------------+-----------+------------------------|
|2006 |6 |£114,975.07|3 |
|------------------+----------------+-----------+------------------------|
|2007 |12 |£356,365.92|6 |
|------------------+----------------+-----------+------------------------|
|2008 |8 |£386,119.22|4 |
|------------------+----------------+-----------+------------------------|
|2009 |10 |£504,907.57|5 |
|------------------+----------------+-----------+------------------------|
|2010 |7 |£150,381.51|4 |
|------------------+----------------+-----------+------------------------|
|2011 |9 |£277,369.19|6 |
|------------------+----------------+-----------+------------------------|
|2012 |5 |£187,880.00|4 |
|------------------+----------------+-----------+------------------------|
|01.01.13 - 21.8.13|10 |£653,641.40|3 |
+------------------------------------------------------------------------+

 

All agreements entered into would have included confidentiality clauses
which protect the confidentiality of the terms of the agreement and in
which employees agreed to waive the ability to pursue a claim against the
Council in respect of certain defined employment related issues.

 

I trust we have met your information requirements at this time. We believe
that this request is now complete and shall be closed. Should any further
information be requested regarding this topic, a separate request will
need to be submitted.

 

The Code of Practice (Freedom of Information Act 2000, Section 45) makes
it clear that public authorities must have in place procedures for
handling requests for information and complaints.

 

Based upon the duty the Act places upon public authorities, the Code of
Practice issued under Section 45 of the Act and the Information
Commissioner’s Good Practice Guidance No 5 “How long do I have to carry
out an internal review?” where it is made clear that in his view an
internal review should be carried out within 20 working days from the date
of the request; it is apparent that public authorities must have in place
internal processes and resources in order to discharge these functions.

 

Whilst Powys County Council has in place those processes for actioning
complaints, I am afraid I was not able to meet the timescales required.

 

Please accept my apologies for not responding to your request for an
internal review within 20 working days as you were originally advised, and
for any inconvenience this may have caused. I appreciate your patience in
this matter.

 

I trust we have met your requirements with a satisfactory explanation as
to the circumstances that lead to our failure to respond to your request
within timescales.

 

Should you remain dissatisfied with the service you have received from
Powys County Council you can make an appeal to the Information
Commissioner, who is the statutory regulator. The Information Commissioner
can be contacted at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Telephone 01625 545 700

www.informationcommissioner.gov.uk

 

 

Yours sincerely,

 

 

 

Helen Dolman

Information Governance Manager 

Cyngor Sir Powys County Council

Ffôn/Tel: 01597 826400

 

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