Harborne High Street footpath widening

The request was successful.

Dear Birmingham City Council,

Please provide a copy of all correspondence between council officers, local ward councillors, cabinet members and the harborne business improvement district regarding the footpath widening scheme in Harborne High Street. Please include in this correspondence from the cabinet member to ward councillors, from any device or account, where the cabinet member is acting in their executive role (and so subject to FOI) . Please include anything from March 2020 up until the day of handling this request and ensure it covers both the temporary scheme put in place in 2020 and any discussions around plans for removing or replacing that scheme .

Yours faithfully,

Phil Shaw

Birmingham City Council

 
 
 
 
Information request
Our reference: 27467409
Your reference: [FOI #781125 email]

══════════════════════════════════════════════════════════════════════════

Dear Phil Shaw
 
Freedom of Information Act 2000 and Environmental Information Regulations
2004
 
Thank you for your request for information that was received on 10 August
2021 concerning:

Please provide a copy of all correspondence between council officers,
local ward councillors, cabinet members and the harborne business
improvement district regarding the footpath widening scheme in Harborne
High Street. Please include in this correspondence from the cabinet member
to ward councillors, from any device or account, where the cabinet member
is acting in their executive role (and so subject to FOI) . Please include
anything from March 2020 up until the day of handling this request and
ensure it covers both the temporary scheme put in place in 2020 and any
discussions around plans for removing or replacing that scheme .
 
We are dealing with your request under the Freedom of Information Act 2000
and Environmental Information Regulations 2004 and we aim to send a
response by 8 September 2021.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 and Environmental Information
Regulations 2004 may restrict the release of some or all of the
information you have requested. We will carry out an assessment and if
any exceptions and exemptions apply to some or all of the information then
we might not provide that information to you. We will inform you if this
is the case and advise you of your rights to request an internal review
and to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).

You may experience understandable delays when making information rights
requests during the current pandemic, this could be due to changes in
working patterns, sickness and access to information not held
electronically.

 

 
 
Yours faithfully
 
 
Jenny Bent
Business Support Coordinator
Inclusive Growth
[email address]
 
 
 
NOTE: Please do not edit the subject line when replying to this email.
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Birmingham City Council

Dear Mr Shaw
 
I am pleased to confirm we have located a number of correspondence as per
your request. 
 
Please confirm if you wish to receive the link to a secure shared file to
access this information? If so, please provide a personal email address
via return.
 
If you do not have a personal email, we will send this information
individually via a number of emails. 
 
Kind Regards

Melanie Lewis
Business Support Coordinator
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
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unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Birmingham City Council

1 Attachment

 
 
 
 
Information request
Our reference: 27467409
Your reference: [FOI #781125 email]

══════════════════════════════════════════════════════════════════════════

Dear Phil Shaw
 
Thank you for your request for information received on 10 August 2021.
 
Please find attached our response to your request.
 
Yours faithfully
 
 
Digital and Customer Services 
Birmingham City Council
 
 
Re Use of Public Sector Information
Where Birmingham City Council is the copyright holder of any information
that may be released, re-use for personal, educational or non-commercial
purposes is permitted without further reference to the City Council. Where
the re-use is for other purposes, such as commercial re-use, the applicant
should notify the City Council in writing to seek approval or agree terms
for re-use
 
NOTE: Please do not edit the subject line when replying to this email.
 
 
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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Dear Birmingham City Council,

I believe the answer can and should be published on here so that others can see it too. If you genuinely can’t do that then please tell me where to email with my personal email address so that I don’t need to publish that online. Once you have sent I will then publish on here myself so others can see.

Thank you

Yours sincerely,

Phil Shaw

Birmingham City Council

5 Attachments

Dear Mr Shaw
 
Please find attached the first batch of documents in relation to this
request. 
 
I will have to send separate emails to capture the rest of the documents. 
 
Kind Regards

Digital and Customer Services
Birmingham City Council
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Birmingham City Council

7 Attachments

Dear Mr Shaw
 
Email no. 2
 
Kind Regards

Digital and Customer Services
Birmingham City Council
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Birmingham City Council The information contained within this e-mail (and
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accept our apologies and notify the sender immediately. Unauthorised
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attachment is virus free or has not been intercepted and amended.

Birmingham City Council

9 Attachments

Dear Mr Shaw
 
Email no.3
Kind Regards

Digital and Customer Services
Birmingham City Council
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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email. Any views expressed in this email are those of the individual
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of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Birmingham City Council

10 Attachments

Dear Mr Shaw
 
Email no.4
 
Kind Regards
 
Digital and Customer Services
Birmingham City Council
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Birmingham City Council

11 Attachments

Dear Mr Shaw
 
Email no.5
 
Kind Regards
Digital and Customer Services
Birmingham City Council
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
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accept our apologies and notify the sender immediately. Unauthorised
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attachment is virus free or has not been intercepted and amended.

Birmingham City Council

10 Attachments

Dear Mr Shaw
 
Email no.6
 
Kind Regards
Digital and Customer Services
Birmingham City Council
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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Birmingham City Council

2 Attachments

Dear Mr Shaw
 
Email no.7 
 
Kind Regards
Digital and Customer Services
Birmingham City Council
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
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Dear Birmingham City Council,

Thank you for this. There doesn’t appear to be any communication with the cabinet member Waseem Zaffar in here, other than him attending a site visit with the MP and Cllr Francis (of which there are no notes?)it does talk about a need to get his approval for changes though. Can you confirm this is everything asked for? As per my original requests it should include ALL communication with the cabinet member as well and that should be communication between him and officers and between him and both ward councillors and MPs and that as he would be acting in his executive role in this that anything done using a non council platform (such as a webmail account or WhatsApp) should also be in scope, as per ICO guidance and as recognised in case law. It should also include any notes made either by him or officers regarding phone conversations or face to face meetings.

If this needs to be treated as an internal review then please do so. Thank you

Yours sincerely,

Phil Shaw

Birmingham City Council

Dear Mr Shaw,
 
Thank you for your email. A further check will be made for records held
and a comparison made to those already sent to you to be able to determine
if all information has been disclosed. We will endeavour to get this back
to you as quickly as possible.
 
Digital and Customer Services
Birmingham City Council

══════════════════════════════════════════════════════════════════════════

Dear Birmingham City Council,

Thank you for this. There doesn't appear to be any communication with the
cabinet member Waseem Zaffar in here, other than him attending a site
visit with the MP and Cllr Francis (of which there are no notes?)it does
talk about a need to get his approval for changes though. Can you confirm
this is everything asked for? As per my original requests it should
include ALL communication with the cabinet member as well and that should
be communication between him and officers and between him and both ward
councillors and MPs and that as he would be acting in his executive role
in this that anything done using a non council platform (such as a webmail
account or WhatsApp) should also be in scope, as per ICO guidance and as
recognised in case law. It should also include any notes made either by
him or officers regarding phone conversations or face to face meetings.

If this needs to be treated as an internal review then please do so. Thank
you

Yours sincerely,

Phil Shaw

show quoted sections

Birmingham City Council

2 Attachments

Dear Mr Shaw,
 
Following receipt of your email a search of Councillor Zaffar's emails and
correspondence was made and only one document relating to this issue has
been found. This has been attached for completeness. 
 

Yours sincerely

Digital and Customer Services
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
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use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
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Dear Birmingham City Council,

Just to clarify once again . In a Facebook post on a community forum , Jayne Francis, in explaining the length of time it took to get started that:
“In the first instance the Leader and relevant Cabinet Member have to respond to options laid out by officers . No formal Cabinet or Council meetings ever take place in August.” And “ it will be briefing note to Cabinet which is different to a cabinet report “

With this in mind it is curious that there doesn’t not appear be any correspondence with the cabinet member regarding his need for approval, a copy of the briefing he was provided with or a record of his ‘decision’ to approve.

It could be the case that Jayne Francis was wrong or misleading in what she told residents, or it could be that there are some additional papers somewhere that have not been provided. Either way on of there must surely be the case? I would be grateful if you could provide me with either this information as per my original request or an explanation as to why Cllr Francis said what she did when being criticised for the delay in removing the bollards. Many thanks

Yours sincerely,

Phil Shaw

Dear Birmingham City Council,

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

I am writing to request an internal review of Birmingham City Council's handling of my FOI request 'Harborne High Street footpath widening'.

To clarify my message of the 24 September should, I believe, have been treated as a request for an internal review if it could not be answered quickly. In that I set out reasons why I did not believe this could be the total of all correspondence, given public statements made by Cllr Francis regarding the role of the Leader and Cllr Zaffar in this ‘decision’. I would therefore ask that further clarification is sought and independent verification obtained that there is no further information held, including on private email servers or messaging apps, which would still fall under the remit of FOI of the Leader or Cllr Zaffar were acting in their executive role (which they clearly would have been in relation to this matter.) if there isn’t any more information then please provide an explanation of how this tallies with Cllr Francis’s public comments.

Given the time you have allowed to elapse since this request was first made, I would also ask that reasonable steps are taken to ensure that no such information was deleted or destroyed between the request being made and any searches behind carried out. Please detail what these steps were in your response to the internal review. For example a search of the records of people who may have been copied into any such correspondence including office support staff along with clear statements from Cllr Zaffar and the Leader that no action was taken to delete records.

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

Yours faithfully,

Phil Shaw

Birmingham City Council

 
 
 
 
Information request
Our reference: 27467409
Your reference: [FOI #781125 email]

══════════════════════════════════════════════════════════════════════════

Dear Phil Shaw
 
Thank you for your request for a review received on 7 October 2021. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000 and Environmental Information
Regulations 2004
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 4 November 2021.
 
Yours faithfully
 
 
Corporate Information Governance Team
Digital & Customer Services
 
 
 
NOTE: Please do not edit the subject line when replying to this email.
BIRMINGHAM CITY COUNCIL DISCLAIMER This email contains proprietary
confidential information some or all of which may be legally privileged
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use, disclose, copy, print or disseminate the information contained within
this e-mail. Please notify the author immediately by replying to this
email. Any views expressed in this email are those of the individual
sender, except where the sender specifically states these to be the views
of Birmingham City Council. This email has been scanned for all viruses
and all reasonable precautions have been taken to ensure that no viruses
are present. Birmingham City Council cannot accept responsibility for any
loss or damage arising from the use of this email or attachments.
Birmingham City Council The information contained within this e-mail (and
any attachment) sent by Birmingham City Council is confidential and may be
legally privileged. It is intended only for the named recipient or entity
to whom it is addressed. If you are not the intended recipient please
accept our apologies and notify the sender immediately. Unauthorised
access, use, disclosure, storage or copying is not permitted and may be
unlawful. Any e-mail including its content may be monitored and used by
Birmingham City Council for reasons of security and for monitoring
internal compliance with the office policy on staff use. E-mail blocking
software may also be used. Any views or opinions presented are solely
those of the originator and do not necessarily represent those of
Birmingham City Council. We cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended.

Birmingham City Council

 
 
 
 
Information request
Our reference: 27467409
Your reference: [FOI #781125 email]

══════════════════════════════════════════════════════════════════════════

Dear Phil Shaw
 
I am writing further to your email dated 7 October 2021 seeking a review
of the decision of the City Council to refuse your request.
 
Request:

Please provide a copy of all correspondence between council officers,
local ward councillors, cabinet members and the harborne business
improvement district regarding the footpath widening scheme in Harborne
High Street. Please include in this correspondence from the cabinet member
to ward councillors, from any device or account, where the cabinet member
is acting in their executive role (and so subject to FOI).

Please include anything from March 2020 up until the day of handling this
request and ensure it covers both the temporary scheme put in place in
2020 and any discussions around plans for removing or replacing that
scheme 

The panel met on 13 October 2021 and in deliberating its decision the
panel gave consideration to:

• The original request
• Response provided by the directorate
• Submission from the applicant

The panel have reviewed the request and the response provided and agreed
that the information held by the service area was provided.

The panel did contact the service area, following the requestors
submission that in their view not all information was provided, and asked
them to search the Councillors archive emails to see if further
information could be located which would fall within the format of the
request. The service has confirmed that no further correspondence found
after an extensive search.

Majority of the information disclosed was dated within a few months as
this was due to the urgent scheme into the footpath widening in Harborne
High Street.

The panel have concluded that the information provided was all the
information held and there is no evidence that any information relating to
this was deleted as the search was carried out on behalf of the
Councillors.

The panel also note that the initial request for your appeal was not
handled within the appropriate timescales and the Council wishes to
apologise for this delay.

The panel do not uphold the review.

 
If you are not content with the outcome of this Internal Review you have
the right to apply directly to the Information Commissioner's Office for a
further decision. The Information Commissioner can be contacted at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
http://www.ico.gov.uk/complaints/freedon...
 
Helpline on 0303 123 1113
 
Yours faithfully
 
 
Mr Malkiat Thiarai
Head of Corporate Information Management
Digital & Customer Services
 
 
 
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