Hire of School Premises

The request was partially successful.

Dear Yesodey Hatorah Senior Girls School,

Please can you provide me with information relating to any agreement entered into by or on behalf of the school for the rental, licence or any other form of occupation of any part of the school premises with:
a. Simchas Nisuin;
b. Be'er Miriam;
c. Any other organisation; and/or
d. Any individual

The information I am requesting in relation to the above
agreement/s is:
1. the date of the agreement
2. the commencement date of the agreement
3. the length of the term of the agreement
4. the amount payable under the agreement, if any
5. any other consideration and/or reciprocal or other arrangement
6. the area/s of the school subject to the agreement
7. the frequency of occupation, duration, time of day and similar terms relating to the occupancy.

If the hire is being managed by an agent please also provide the above information in relation to any agency or management agreement.

Where any agreement is in writing please let me have a copy of the agreement itself and/or any other doucment relating to it.

Where there is no written agreement please let me have any document recording its terms and/or relating to the agreement.

I note that you recently refused a similar request because you suspected it to have been made under a pseudonym. Please be assured that this is my real name.

Yours faithfully,

Ms Ross

Admin Mailbox, Yesodey Hatorah Senior Girls School

We suspect that you are using a pseudonym and therefore cannot provide a response for your request.

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Dear Yesodey Hatorah Senior Girls School,

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

I am writing to request an internal review of Yesodey Hatorah Senior Girls School's handling of my FOI request 'Hire of School Premises'.

My request is valid under the Freedom of Information Act 2000 as I have provided my real name. Your refusal to provide the information becuase you "suspect" I am using a pseudonym is unlawful. I have told you that this is my real name and I do not have to provide anything further. The ICO guidlines state that a title and surname are sufficient which I have provided.

You have also not stated how I am to satisfy you of my true identity.

Will you now confirm:
a. The basis for your 'suspicion' that I am using a pseudonym and the legal basis for refusing to provide the information based on that suspicion.

b. What it is you require to satisfy yourself of my identity. You must ensure that your request is compliant with the FOI Act and with the Data Protection Act in respect of retention of information.

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

Yours faithfully,

Ms Ross

Admin Mailbox, Yesodey Hatorah Senior Girls School

We have given some further thought to your request. We suspect that it forms

part of a series of requests which the school has been receiving recently and

which appear to be connected. The requests appear to us to be very similar and

always come from the same website. We do not have to reply to a request if it is

made under a pseudonym or if it is vexatious. If you feel that this response is

unfair then you may complain to the ICO. We note from the pseudonym guidance

that you would in that case be required to identify yourself to the ICO

Dear Yesodey Hatorah Senior Girls School,

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

I am writing to request an internal review of Yesodey Hatorah Senior Girls School's handling of my FOI request 'Hire of School Premises'.

Your reply is wholly unsatisfactory and unlawful. I have repeatedly told you that this is my name and you have failed to provide any basis for your suspicion that I am using a pseudonym. Nor have you provided me with a means to establish my identity. You have also not provided any legal grounds for your decision.

You now claim that this request is vexatious because they are similar requests coming from the same website.

This website exists to make such requests and your claim that the request is vexatious because there have been several similar requests from the same site is ridiculous. Had you replied to previous requests for this information there would be no need to make further requests. Indeed the site shows that you have repeatedly refused requests for information.

I refer you to the ICO's Awareness Guide no. 22 where you will see that requests like mine are not in any way vexatious. http://www.ico.org.uk/upload/documents/l...

I refer you in particular to section 7 of Part A of the Guide (page 6) in respect of pseudonymous requests which shows your refusal to provide the information I have requested to be unlawful.
"However, the Act does not allow public authorities to enquire into the circumstances of the applicant or to ask for information in order to verify identities. Unless the public authority knows that the applicant has used a pseudonym, it will be difficult to refuse a request on that ground."

I request that you reconsider your decision or I will indeed make a complaint to the ICO.

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

Yours faithfully,

Ms Ross

Ganesh Sittampalam left an annotation ()

This request has been the subject of a Decision Notice by the Information Commissioner ordering the school to respond and ruling out the use of s14:

http://ico.org.uk/~/media/documents/deci...

Dear Admin Mailbox,

I refer to the Decision Notice of the ICO dated 7 January 2014 whereby you are required to provide a response within 35 calendar days of the above date. http://ico.org.uk/~/media/documents/deci...

That period has now expired and I await receipt of the information I reqested.

Yours sincerely,

Ms Ross

Ganesh Sittampalam left an annotation ()

The school sent a response to the requester directly, and she has provided it to us to upload. The text is below, and the attachment can be found at http://files.whatdotheyknow.com/request/...

Ganesh - WhatDoTheyKnow volunteer

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Date: Wed, Feb 12, 2014 at 11:24 AM
Subject: Hall Hire Agreement

Dear Ms Ross

In accordance with the ICO Decision Notice of 7 January 2014, this is our response to your FOI request of 6th February 2013.

In response to your points a-d. We only hold one document which are relevant to your request and this is the Hall Hire Agreement which is attached.

1. The document is undated

2. There is no commencement date in the document

3. The agreement is on going

4. £750 as stated in the document

5. We once hired out the hall for free in exchange for a free lecture. We occasionally allow the Yesodey Hatorah Schools (independent school) and Be’er Miriam Seminary to use the hall free of charge

6. As stated in the agreement attached

7. These are not specified in the agreement

Admin

Dear Admin Mailbox,

Thank you for your reply of 12 February.

My request was for information in relation to a-d plus any documents where they are available. However, the information and single page document which you provided relates only to the school hall.

Please can you provide me with information and any documents relating to any agreement between the school and any other organisations/individuals concerning any hire or occupation of other parts of the school premises.

Please also provide confirmation that this is the only agreement between Simchas Nisuin and the school and when approximately it was entered into. If there are other earlier agreements I would also like a copy of these.

Yours sincerely,

Ms Ross

Dear Admin Mailbox,

You have not replied to my email of 23 February 2014 and I now request that you conduct an internal review of your decision not to provide the additional information.

Yours sincerely,

Ms Ross

Admin Mailbox, Yesodey Hatorah Senior Girls School

Dear Ms Ross

We have checked our records and the reason that we did not respond to your email of 23rd February is that we did not receive it. This may be down to a problem with the what do they know website and so we would suggest that you check the situation with the person who administers that website.

Yours sincerely

Admin

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Ganesh Sittampalam left an annotation ()

Our mail logs show that the message of 23rd February 2014 was delivered to the School's mailservers immediately after it was sent.

As with any case where an email has been lost internally after being delivered to an organisation, we'd be happy to provide more technical detail to the relevant IT staff to assist in tracking it down - just contact us on team@whatdotheyknow.com

Ganesh - WhatDoTheyKnow volunteer

Dear Admin Mailbox,

I refer to your reply but as you can see from What Do They Know's response my request for the additional information of 23 February 2014 was delivered to the school's server immediately after it was sent. The initial request was made in February 2013 and you have still not provided the information.

In any event you have had my request for an internal review since 12 June and can you now provide me with the information requested.

Yours sincerely,

Ms Ross

R Wells, Yesodey Hatorah Senior Girls School

Dear Mr Ross

In relation to your email of 2 July, we can confirm that we have already disclosed all the information relevant to your original request. We do not have any further recorded information

Yours sincerely

Admin

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