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Gagging orders/compromise agreements

Mrs J Proctor made this Freedom of Information request to Nottinghamshire County Council

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Dear Nottinghamshire County Council,

Please tell me how many staff members have left the employ of your authority under the terms of a gagging order or compromise agreement since 2007/2008 until present.

Please also provide a cost per case of how much it cost for this to be done with distinction between on-costs and sum actually paid out.

Please also say what budget would be used in the event of any of these arrangements being made would be, and whether the would be recorded in your publically available spending logs and decisions database and and who authorises them. Thank you kindly,

Yours faithfully,

Mrs J Smith

Enquiries, Nottinghamshire County Council

Thank you for emailing Nottinghamshire County Council. We aim to respond to
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within that time, we will contact you to let you know when a full response
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Your enquiry is shown below :

Dear Nottinghamshire County Council,

Please tell me how many staff members have left the employ of your
authority under the terms of a gagging order or compromise agreement since
2007/2008 until present.

Please also provide a cost per case of how much it cost for this to be done
with distinction between on-costs and sum actually paid out.

Please also say what budget would be used in the event of any of these
arrangements being made would be, and whether the would be recorded in your
publically available spending logs and decisions database and and who
authorises them. Thank you kindly,

Yours faithfully,

Mrs J Smith

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Nottinghamshire County Council

Dear Mrs Smith,

Thank you for your recent email, unfortunately I am not able to answer your enquiry so I have passed your email to our Information Team, who will contact you directly.

I hope you find this helpful. For any other information and advice on Nottinghamshire County Council services please visit our website at http://www.nottinghamshire.gov.uk
or email us at [Nottinghamshire County Council request email]

Yours sincerely

Karen Green
Customer Services
Nottinghamshire County Council

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FOIA EIR DPA, Nottinghamshire County Council

Dear Mrs Smith

 

FREEDOM OF INFORMATION ACT 2000 - INFORMATION REQUEST

 

Thank you for your request for information about HR Data. Your request was
received on 18 June 2013 and I am dealing with it under the terms of the
Freedom of Information Act 2000.

 

In some circumstances a fee may be payable and if that is the case I will
let you know. A fees notice will be issued to you, and you will be
required to pay before I will proceed to deal with your request.

 

You will receive the information requested within 20 working days, due
date 16 July 2013, unless the Council does not hold the information or
there is a reason for it to be withheld. I will write to you in any event.

 

If you have any requirements regarding the format any information should
be supplied in, e.g. the language to be used, audio, large print and so
on, then please let me know. If you have not already done so, please
supply your email address if you are willing to receive the information
electronically.

 

If you have any queries or concerns then please do not hesitate to contact
me. Please remember to quote the reference number above in any future
communications.

 

Further information about your rights is also available from the
Information Commissioner at:

 

Information Commissioner's Office
Wycliffe House 
Water Lane 
Wilmslow 
Cheshire  
SK9 5AF 
Telephone: 08456 30 60 60 or 01625 54 57 45
[1]www.ico.gov.uk

 

 

 

Yours Sincerely

 

 

Complaints & Information Team

Policy Planning & Corporate Services Department

County Hall

West Bridgford

NG2 7QP

Tel 0115 97 72788

 

 

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information [2]www.nottinghamshire.gov.uk/earthandfire

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FOIA EIR DPA, Nottinghamshire County Council

Dear Ms Smith

 

Ref NCC-010616-13

 

Thank you for your request for information relating to compromise
agreements.  I am now able to let you have the following information in
response to the questions you raised.

 

In relation to the number of directly employed employees who have received
compromise agreements since 2007/08, the figures are as follows:

 

2007/08 - 0

2008/09 - 0

2009/10 – 1

2010/11 – 3

2011/12 – 2

2012/13 – 3

We are withholding any information relating to the costs per case under
S40(2) of the Freedom of Information Act which protects the personal
information of third parties.  The numbers of compromise agreements for
each year are small and where numbers are very small the release of
further statistical data such as costs and on-costs could allow the
identification of the individuals concerned.

 

Data from which it is possible to identify an individual becomes personal
information about that individual.  Releasing this information would
contravene the principles of the Data Protection Act 1998. 

 

In reaching the decision to withhold this information we did consider
whether there were any factors which would justify a breach of the data
protection principles in this case.  We accept that there is a generic
public interest in compromise agreements in the public sector.  However,
this must be weighed against the fact that both parties to the agreement
signed a confidentiality clause and there would be a strong expectation on
behalf of the employee that this would be honoured and that personal
information would not be shared with third parties or released into the
public domain.   Furthermore, none of these cases relate to senior council
officers where there would be a greater expectation of public scrutiny.

 

You also asked which budgets were used, whether these arrangements would
be recorded in any council documents in the public domain and by whom they
are authorised.   I can confirm that the costs of compromise agreements
are absorbed within service area budgets and are not individually
identified in the Statement of Accounts.  Compromise agreements are
authorised by the appropriate service manager.

 

You have the right to ask us to review the decision to withhold this
information.  If you wish to do so, or if you wish to raise any concerns
about the way your request was dealt with, then please write to the Team
Manager, Complaints and Information, County Hall, West Bridgford,
Nottingham, NG2 7QP or e-mail [1][email address] quoting the
reference number above.  Following this, if you remain dissatisfied, you
have the right of appeal to the Information Commissioner.  However, the
Information Commissioner cannot normally make a decision unless you have
exhausted the complaints procedure provided by the Council.  The
Information Commissioner can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 08456 30 60 60 or 01625 54 57 45

[2]www.ico.gov.uk

 

I hope this is helpful

 

Yours sincerely

 

Wendy Hallam
Information Officer

 

Complaints & Information Team

Policy Planning & Corporate Services Department

County Hall

West Bridgford

NG2 7QP

Tel 0115 97 72788

 

 

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We don't know whether the most recent response to this request contains information or not – if you are Mrs J Proctor please sign in and let everyone know.