Dear Mr. Rogers

FREEDOM OF INFORMATION ACT REQUEST REF: 2017-0717

I am writing to confirm that we received your information request on 14
June 2017. For your information and future communications your request has
been allocated the reference number FOI2017-0717. Please quote this
reference in any future correspondence.

We will consider your request and respond in accordance with the
requirements of the Freedom of Information Act 2000. Our duty is to
respond promptly or at least within 20 working days.

Yours sincerely

Robin Yu

Information Governance and Management Officer

Shared ICT Service

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Email: [1][email address] | Website: [2]http://www.rbkc.gov.uk

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Dear Mr. Rogers,

Section 39 of the Freedom of Information Act provides that environmental
information shall be handled in accordance with the Environmental
Information Regulations (EIR).

Regulation 2(1) of the EIR states that environmental information is:

“…any information in written, visual, aural, electronic or any other
material form on –

(a) the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites…biological
diversity and its components…and the interaction among those elements;

(b) factors, such as substances, energy, noise, radiation or
waste…emissions…and other releases into the environment, affecting or
likely to affect the elements referred to in (a);

(c) measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in (a)
and (b) as well as measures or activities designed to protect those
elements;…”.

Your request has been handled in accordance with EIR as it is our opinion
that information held in relation to the planning and refurbishment of
Grenfell Tower will constitute environmental information. These matters
are considered to be measures likely to affect the elements and factors
listed in paragraphs (a) and (b) of the definition of environmental
information as set out in regulation 2(1).

The complexity and volume of the information requested means that it is
impracticable for the council to comply with the request or make a
decision to refuse to do so within 20 working days. Therefore, in
accordance with regulation 7(1) of EIR, the council is extending the
deadline to respond to the request to 40 working days. You will receive a
response on or before 9 August.

Yours sincerely

Robin Yu

Information Governance and Management Officer

Shared ICT Service

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Email: [email address] | Website: [1]http://www.rbkc.gov.uk

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Dear Mr. Rogers

Sorry for the delay in acknowledging your request for internal review.

I acknowledge receipt of your request for internal review received on 5
September 2017, which will be forwarded to the Chief Solicitor and
Monitoring Office, or nominee to conduct.

Section 39 of the Freedom of Information Act provides that environmental
information shall be handled in accordance with the Environmental
Information Regulations (EIR). We consider the information requested to be
environmental in nature and therefore covered by the Environmental
Information Regulations.

EIR requires the council to respond to internal reviews as soon as
possible, and no later than 40 working days. You will therefore receive a
response at the latest by 31 October 2017.

Yours sincerely

Robin Yu

Information Governance and Management Officer

Shared ICT Service

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

Email: [1][email address] | Website: [2]http://www.rbkc.gov.uk

Dear Mr. Rogers

FREEDOM OF INFORMATION REQUEST REF: 2017-0717

I am responding to your request under the Freedom of Information Act 2000,
which we received on 14 June 2017, for information held by the Council.
Your request is as follows:

in light of the very recent fire at Grenfell Tower block, please can you
supply the held information pertaining to :-

- the Planning and Erection of the updated external finish of the building

      - The details of the companies that supplied the materials used

      -  The details of the companies that conducted the works

      -  The Planning meetings minutes - including any risk and health and
safety assessments.

      -  Any declarations of conflict of interest.

Documents and plans relating to the refurbishment of Grenfell Tower are
publically available online at the following location (RBKC Planning
Applications):

[1]https://www.rbkc.gov.uk/planning/searche...

Please also see attached key decision report.

- The inspection and maintenance records for the last 3 years of the fire
alarm system

    Here, please included the details of companies involved

All information held in relation to fire safety and inspections at
Grenfell Tower has been withheld for the reasons below.

Section 39 of the Freedom of Information Act provides that environmental
information shall be handled in accordance with the Environmental
Information Regulations (EIR). Your request has been handled in accordance
with EIR as it is our opinion that the information requested constitutes
environmental information.

Regulation 2(1) of the EIR states that environmental information is:

“…any information in written, visual, aural, electronic or any other
material form on –

(a) the state of the elements of the environment, such as air and
atmosphere, water, soil, land, landscape and natural sites…biological
diversity and its components…and the interaction among those elements;

(b) factors, such as substances, energy, noise, radiation or
waste…emissions…and other releases into the environment, affecting or
likely to affect the elements referred to in (a);

(c) measures (including administrative measures), such as policies,
legislation, plans, programmes, environmental agreements, and activities
affecting or likely to affect the elements and factors referred to in (a)
and (b) as well as measures or activities designed to protect those
elements;…”.

Your request has been handled in accordance with EIR as it is our opinion
that information held in relation to fire safety assessments will
constitute environmental information. Fire assessments are considered to
be measures likely to affect the elements and factors listed in paragraphs
(a) and (b) of the definition of environmental information as set out in
regulation 2(1).

Under the exception at regulation 12(5)(b), public authority may refuse to
disclose information to the extent that its disclosure would adversely
affect the course of justice, the ability of a person to receive a fair
trial or the ability of a public authority to conduct an inquiry of a
criminal or disciplinary nature.

We believe that disclosure of the information requested would adversely
affect the ability of a public authority, namely the Metropolitan Police,
to conduct an enquiry of a criminal nature.

The Metropolitan Police have stated publicly said that there are
“reasonable grounds” to suspect the council and Kensington & Chelsea TMO
of corporate manslaughter.  This complex criminal investigation is at a
very early stage and is ongoing.

In accordance with the Code of Practice The council has consulted with the
Metropolitan Police as a third party who may be affected by the disclosure
or otherwise have an interest in whether the disclosure is effected. They
have advised that the information is relevant to their investigation and
expressed a view that disclosure would or would be likely to prejudice the
prevention or detection of crime or the apprehension of prosecution of
offenders.

In applying the exception, we are obliged to consider whether public
interest in disclosure outweighs the public interest in maintaining the
exception. There is a considerable public interest in the disclosure of
information held by the council about the refurbishment of Grenfell Tower,
and the cause and spread of the fire. The council recognise this and are
committed to being accountable and transparent. Where possible, we will be
releasing information that relates to Grenfell Tower.

However, there is also a significant public interest in withholding this
information so as to not adversely affect the criminal investigation and
it follows, the course of justice.  In assessing this risk of prejudice
the Council has taken account of the views of the Metropolitan Police. We
therefore do not believe that there is an overriding reason to disclose
the contract.

At this point in time, it is our belief that the public interest in
withholding the information outweighs the public interest in disclosure.

- The inspection and maintenance records for the last 3 years of any
sprinkler system

    Here again, please included the details of all companies involved

There was no sprinkler system in Grenfell Tower

Complaints

I trust this has satisfied your request. Should you be unhappy with the
handling of your request, the Council has an internal complaints process
for handling FOIA complaints. Complaints are reviewed by the Chief
Solicitor and Monitoring Officer or her nominee. A form is available from
our website to lodge your complaint
[2]http://www.rbkc.gov.uk/councilanddemocra...
Please contact us if you do not have website access and we can provide you
with a copy of the form. Following this review, should you still be
unhappy with how your information request has been handled, you have a
further right to appeal to the Information Commissioner who is responsible
for ensuring compliance with FOIA.  

Yours sincerely

Robin Yu

Information Governance and Management Officer

Shared ICT Service

The Royal Borough of Kensington and Chelsea

The Town Hall, Hornton Street, London W8 7NX

Tel: 020 7938 8226

mail: [3][email address] | Website: [4]http://www.rbkc.gov.uk

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References

Visible links
1. https://www.rbkc.gov.uk/planning/searche...
2. http://www.rbkc.gov.uk/councilanddemocra...
3. mailto:[email address]
4. http://www.rbkc.gov.uk/