HEAVERS FARM + ST CHAD'S SCHOOLS, Selhurst **. PARENT ACCESS BAN ** NO Motor Vehicles Except Permit Holders ** Mon-Fri 0800-0930 and 1400-1600 ** SOUTH NORWOOD AREA **

Response to this request is long overdue. By law, under all circumstances, Croydon Borough Council should have responded by now (details). You can complain by requesting an internal review.

Dear Croydon Borough Council,

Please provide a listing of all emails between officers and or members of Croydon Council and either or both of HEAVERS FARM Primary School and ST CHAD'S Primary School, staff or governors, that in any way relate to parent parking and / or the motor vehicle exclusion zone sent since the start of December 2016.

Please also provide a copy of each of these emails.

Please provide a listing of all meetings between officers and or members of Croydon Council and staff or governors of either or both of HEAVERS FARM Primary School and ST CHAD'S Primary School that in any way relate to parent parking and / or the motor vehicle exclusion zone sent since the start of 2017.

This to include who initiated the meeting, who was invited, who attended, where it was held, and start and finish time.

Please also provide a copy of the Minutes of each such meeting.

In terms of the schools, I am asking about emails sent to or by staff or governors of the school acting in a representative capacity due to their position.

Yours faithfully,

Janet Stollery

Freedom of Information, Croydon Borough Council

 

Dear Ms Stollery

 

Freedom of Information Request

 

Thank you for your recent request.

 

Your request is being considered and you will receive a response within
the statutory timescale of 20 working days, subject to the application of
any exemptions. Where consideration is being given to exemptions the 20
working day timescale may be extended to a period considered reasonable
depending on the nature and circumstances of your request. In such cases
you will be notified and, where possible, a revised time-scale will be
indicated. In all cases we shall attempt to deal with your request at the
earliest opportunity.

 

There may be a fee payable for the retrieval, collation and provision of
the information requested where the request exceeds the statutory limit or
where disbursements exceed £450. In such cases you will be informed in
writing and your request will be suspended until we receive payment from
you or your request is modified and/or reduced.

 

Your request may require either full or partial transfer to another public
authority. You will be informed if your request is transferred.

 

If we are unable to provide you with the information requested we will
notify you of this together with the reason(s) why and details of how you
may appeal (if appropriate).

 

Please note that the directorate team may contact you for further
information where we believe that the request is not significantly clear
for us to respond fully.

 

 

Yours sincerely

 

Joanne Welch-Hall

FOI Co-ordinator

Croydon Council

 

Information in relation to the London Borough of Croydon is available
at [1]http://www.croydonobservatory.org/. Also responses to previous
Freedom of Information requests can also be found on the following link

[2]https://croydondata.wordpress.com/ Council services, online, 24/7
www.croydon.gov.uk/myaccount Download our new free My Croydon app for a
faster, smarter and better way to report local issues
www.croydon.gov.uk/app From 1 October 2015, it is a legal requirement for
all privately rented properties in Croydon to be licensed. Landlords
without a licence could face fines of up to £20,000. For more information
and to apply for a licence visit www.croydon.gov.uk/betterplacetorent
Please use this web site address to view the council's e-mail disclaimer -
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References

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1. http://www.croydonobservatory.org/
2. https://croydondata.wordpress.com/

Dear Freedom of Information,

We are now 4 days past the maximum time allowed for reply.

Could you kindly provide the information as a matter of urgency?

Yours sincerely,

Janet Stollery

Dear Croydon Borough Council,

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

I am writing to request an internal review of Croydon Borough Council's handling of my FOI request 'HEAVERS FARM + ST CHAD'S SCHOOLS, Selhurst **. PARENT ACCESS BAN ** NO Motor Vehicles Except Permit Holders ** Mon-Fri 0800-0930 and 1400-1600 ** SOUTH NORWOOD AREA **'.

No further response since initial acknowledgement on 11 Sep 2017, despite follow-up nearly 3 weeks ago

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,

Janet Stollery

Passman, Howard, Croydon Borough Council

1 Attachment

Dear Ms. Stollery,

 

Thank you for your email dated 28 October 2017.

 

I have spoken with the Council’s Information Team, who have informed me
that the reply to your request for information will be issued to you by
Friday 17 November 2017.

 

The delay in responding to you was caused by difficulties in collating the
requested information.

 

Please accept my apologies for the delay in replying to your request and
any inconvenience this may have caused you.

 

Yours sincerely,

 

Howard Passman

Legal Services

020 8726 6000 ext. 62318

 

 

[1]cid:995D36CC-63D9-452C-921A-47E295D9BC0F

Resources Department

Legal Services

Commercial and Property Law

7th Floor Zone C
Bernard Weatherill House

8 Mint Walk

Croydon CR0 1EA

 

Council services, online, 24/7 www.croydon.gov.uk/myaccount Download our
new free My Croydon app for a faster, smarter and better way to report
local issues www.croydon.gov.uk/app From 1 October 2015, it is a legal
requirement for all privately rented properties in Croydon to be licensed.
Landlords without a licence could face fines of up to £20,000. For more
information and to apply for a licence visit
www.croydon.gov.uk/betterplacetorent Please use this web site address to
view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

References

Visible links

Freedom of Information, Croydon Borough Council

2 Attachments

Dear Ms Stollery

 

Freedom of Information Request

Please see attached the council's response to your Freedom of Information
request.

Yours sincerely

 

Ahtisham Riaz

FOI Coordinator

Croydon Council

 

Council services, online, 24/7 www.croydon.gov.uk/myaccount Download our
new free My Croydon app for a faster, smarter and better way to report
local issues www.croydon.gov.uk/app From 1 October 2015, it is a legal
requirement for all privately rented properties in Croydon to be licensed.
Landlords without a licence could face fines of up to £20,000. For more
information and to apply for a licence visit
www.croydon.gov.uk/betterplacetorent Please use this web site address to
view the council's e-mail disclaimer -
http://www.croydon.gov.uk/email-disclaimer

Dear Freedom of Information,

Thank you for your reply.
However it is disappointing that it took 2 months 8 days to provide, and only after an Internal Review request.

Furthermore it is clearly incomplete.
Please see if you can assist further as below.

1 - You were asked for a listing of meetings.
You confirm there were some.
Whether or not Minutes were taken, you should be able to provide some information in the terms requested..

2 - The extent of redaction is excessive.
In the 31 May email, someone says they are ...
Who this is who should be revealed.

Where someone states they have been quoted in the news media, it is absurd to remove their name and position

3 - I can see no email from St Chad's.
The set of emails appear to be incomplete.

Yours sincerely,

Janet Stollery

Derby, James, Croydon Borough Council

Dear Janet Stollery

I write regarding your email below; you have requested an internal review of the FOI request you made to the Council on 09 September 2017, I have now completed the internal review.

In undertaking this internal review, I have examined your request for information contained in your email of 09 September 2017. I have also examined the provisions of the Freedom of Information Act 2000 (FOIA), relevant guidance notes and decision notices from the Information Commissioner’s Office (ICO) and the First Tier Tribunal. I have then set out my decision as to whether or not the Council complied with its obligations under the FOIA.

Section 1 of the FOIA gives a general right of access to information held by a public institution. Where the information requested is held by the pubic authority, it should communicate the information to the requestor . This is however subject to exemptions available under the FOIA.

Section 10 of the FOIA provides that a public authority must provide the information (if held) promptly and in any event not later than the 20th working day following the date of receipt of the FOI request.

As mentioned above, you issued your FOI request to the Council on Saturday 9th September 2017. The first working day for determining the timescale for compliance with your request starts on Monday 11th September and the Council is expected to promptly provide you with the information (if held) promptly but not later than 6th October 2017.

In your email below, you stated you have not received any information from the Council and you have therefore requested an internal review. I have considered your complaint; following discussions with the Council's FOI team who manage and process FOI requests across service areas in the Council I have been informed there was a delay from the service area in providing the information to them. This delay has caused the FOI team to be unable to send any available information to you within the statutory timescale i.e. 6th October 2017.

In view of the above, I am of the view that the Council has failed to comply with its obligation under Section 10 FOIA by not providing you with information within 20 days from date of receipt of your FOI request.

I understand you have now been provided with the information held by the Council regarding your FOI request of 9th September 2017. Please kindly accept the Council's apology for any inconvenience the delay may have caused you.

I trust you find this satisfactory; if you however remain dissatisfied with this decision, you may refer the matter to the Information Commissioner’s Office.

The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or at [email address].

James Derby
Corporate Solicitor
Legal & Democratic Services
Resources Department
London Borough of Croydon
Bernard Weatherhill House
8 Mint Walk
CR0 1EA
Tel: 020 8760 6000 Ext. 61359
Fax: 020 8760 5657

show quoted sections

Information, Croydon Borough Council

Dear Ms Stollery

 

Thank you for your email.

 

Please see my responses to your questions below:

 

 

Please see if you can assist further as below.

 

1 - You were asked for a listing of meetings.

You confirm there were some.

Whether or not Minutes were taken, you should be able to provide some
information in the terms requested..

 

The Freedom of information Act (FoIA) and Environmental Information
regulations request (EIR) provide a general right of access to information
held by public authorities.

 

FoIA/EIR is only applicable to information held by the public authority in
recorded format.  As no minutes were taken, there is no recorded
information.

 

And we are not expected to provide opinion or speculate in order to answer
a FoIA request therefore the Council is unable to provide you with a
response in respect of those issues.

 

 

2 - The extent of redaction is excessive.

In the 31 May email, someone says they are ...

Who this is who should be revealed.

Where someone states they have been quoted in the news media, it is absurd
to remove their name and position

 

As mentioned in my response, it has been the custom and practice for the
Council to generally only release the names of staff down to ‘Head of
Service’ level, which the Councils considers meets the Transparency Code
issued by the Secretary of State for Communities and Local Government. 
Furthermore the council considers that this position is consistent with
guidance issued by the Information Commissioner, including a Decision
Notice issued in respect of a similar request FS50276863.

 

The quote you are referring to is:

“It is great our end! I see that the scheme attracted a lot of publicity,
I gave my two pennies’ worth to the Croydon Advertiser saying how good it
was”

 

A quote/statement may have been provided but having searched the Croydon
Advertiser website, and can not see a quote and or the name of the
officer.  Therefore in light of the fact the name of this officer is not
in the public domain, the Council policy and ICO guidance/decision notice,
it is not appropriate to release this information.

 

 

3 - I can see  no email from St Chad's.

The set of emails appear to be incomplete.

 

I have emailed the department to confirm whether or not any emails to St
Chads have been received.  I will update you once I hear back from them.

 

 

Thanks

 

Kind Regards

 

Ash Riaz

Information Coordinator

 

 

ICT Client Unit (ICU)

Customer Transformation and Communications Services

Information Team

Resources Department

7th Floor, Zone B

Bernard Weatherill House

8 Mint Walk

Croydon, CR0 1EA

 

 

show quoted sections

Dear Information,

Thank you for your reply, and for agreeing to check for missing emails, notably those which arranged the meetings which took place.

1 - The council is under a duty to assist.
The council is likely to have in written form, for example in officer diaries and emails, details of the date and who was invited to the meetings which took place - regardless of whether or not Minutes were take.
For example, invitations will have been sent.
Some will have agreed to attend, and others declined.

Please review this element of my FOI Request.

2 - The ICO has made clear that the position - job title - of a post holder is not personal data.
Please confirm the post holder position for each email where you have redacted the name.

The council needs to review its refusal to provide name details below "‘Head of Service’ level"
The Decision Notice you mention makes clear, page 4 top paragraph, that the names of "managers" should be revealed - note also §15, 22 and 27.

You should also note the ICO Guidance here, and page 7, §18 - which makes clear that a council officer who explains council policies to members of the public, for example, at the meetings which we know took place but the council is trying to conceal, should be disclosed. Note also §19 to 22.
"19. Current government policy is to promote greater transparency throughout the public sector by more proactive publication of information"
I say there is a legitimate interest and expectation of knowing the names of those who devised and worked on and promoted this council policy to other members of the public.
http://bit.ly/2jdO0KU

Accordingly please confirm that the council policy will be reviewed to disclose details of names down to manager level, and will also take account of the need to disclose names of other officers who create or devise, or promote or explain council policy to the public.

Please now provide the names and positions / posts of all those whether in the emails or not which are of manager level, or who created or devised, or worked on and promoted this council policy.

Yours sincerely,

Janet Stollery

Information, Croydon Borough Council

Dear Ms Stollery

 

Thank you for your email.

 

I will address each point in turn

 

Thank you for your reply, and for agreeing to check for missing emails,
notably those which arranged the meetings which took place.

 

The department have confirmed to me that they hold no further emails on
this matter other than what I already provided you with, so no further
information is held.

 

1 - The council is under a duty to assist.

    The council is likely to have in written form, for example in officer
diaries and emails, details of the date and who was invited to the
meetings which took place - regardless of whether or not Minutes were
taken.

    For example, invitations will have been sent.

    Some will have agreed to attend, and others declined.

 

Council staff email and the application/software used is Microsoft
Outlook.  Once an email invitation is sent and accepted, it goes into the
calendar of the recipient and the email goes into the deleted folder.  If
a meeting is declined this does not go into a calendar and the email goes
into the deleted folder.

 

As mentioned in my response before the department have confirmed there is
no recorded information, therefore this information is not held.

 

 

Please review this element of my FOI Request.

 

2 - The ICO has made clear that the position - job title - of a post
holder is not personal data.

    Please confirm the post holder position for each email where you have
redacted the name.

 

The council needs to review its refusal to provide name details below
"‘Head of Service’ level"

    The Decision Notice you mention makes clear, page 4 top  paragraph,
that the names of "managers" should be revealed - note also §15, 22 and
27.

 

You should also note the ICO Guidance here, and page 7, §18 - which makes
clear that a council officer who explains council policies to members of
the public, for example, at the meetings which we know took place but the
council is trying to conceal, should be disclosed.  Note also §19 to 22.

    "19. Current government policy is to promote greater transparency
throughout the public sector by more proactive publication of information"

    I say there is a legitimate interest and expectation of knowing the
names of those who devised and worked on and promoted this council policy
to other members of the public.

        [1]http://bit.ly/2jdO0KU

 

Accordingly please confirm that the council policy will be reviewed to
disclose details of names down to manager level, and will also take
account of the need to disclose names of other officers who create or
devise, or promote or explain council policy to the public.

 

Please now provide the names and positions / posts of all those whether in
the emails or not which are of manager level, or who created or devised,
or worked on and promoted this council policy.

 

Thank you for the above, I would like to draw your attention to extracts
of points 59 and 60 (for ease of reference please use web link below)

[2]https://ico.org.uk/media/action-weve-tak...

 

Point 59

“…….although investigators do interact with personnel in other companies,
they are not expected to carry out a role as a spokesperson for, or as a
representative of, the FSA to a wider public.”

 

And 60

“….The Commissioner is satisfied that although they may have contact with
external stakeholders they do not represent the public face of the FSA”

 

Therefore I am still unable to release this information.

 

 

However this does not detract from your right of an internal review.

 

 

Kind Regards

 

Ash Riaz

Information Coordinator

 

 

ICT Client Unit (ICU)

Customer Transformation and Communications Services

Information Team

Resources Department

7th Floor, Zone B

Bernard Weatherill House

8 Mint Walk

Croydon, CR0 1EA

 

 

show quoted sections

Dear Information,

I wrote:

2 - The ICO has made clear that the position - job title - of a post holder is not personal data.
Please confirm the post holder position for each email where you have redacted the name.

You have not addressed this element of my follow up.
For example, someone says "I am ...."
I am asking you to reveal their role / post held, even if you are not going to release their name.

Yours sincerely,

Janet Stollery

Information, Croydon Borough Council

Dear Ms Stollery

 

Thank you for your email.

 

I have explained the reasons in my previous correspondence to you, but I
am happy to further clarify the below:

 

You have not addressed this element of my follow up.

For example, someone says "I am ...."

I am asking you to reveal their role / post held, even if you are not
going to release their name.

 

If I were to release the post to you, any one could telephone the Council
and ask to speak with that individual, as mentioned before.

 

So I again draw your attention to:

 

Point 59

“…….although investigators do interact with personnel in other companies, 
they are not expected to carry out a role as a spokesperson for, or as a 
representative of, the FSA to a wider public.”

 

And 60

 

“….The Commissioner is satisfied that although they may have contact with 
external stakeholders they do not represent the public face of the FSA”

 

Therefore I am still unable to release this information.

 

Kind Regards

 

Ash Riaz

Information Coordinator

 

 

ICT Client Unit (ICU)

Customer Transformation and Communications Services

Information Team

Resources Department

7th Floor, Zone B

Bernard Weatherill House

8 Mint Walk

Croydon, CR0 1EA

 

show quoted sections

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