Impact study on Birkenhead market community
Dear Wirral Metropolitan Borough Council,
Please provide all impact studies concerning Birkenhead Market created or published during 2023
Yours faithfully,
Erebus Smith
Hi Chaps,
You’re late again.
Please commence another internal review.
Impact study on Birkenhead market community.
Please provide all impact studies concerning Birkenhead Market created or published during 2023
Yours faithfully,
Erebus Smith
Dear Mr Featherstone
Please accept our sincere apologies for the delay in responding to your
enquiry.
Since its submission the Council’s ER&H Committee has received two
detailed reports on Birkenhead Market dated 6 December 2023 and 27 March
2024. These reports contain all public information on the Market and the
Options Appraisal Study and can be found online at
[1]https://democracy.wirral.gov.uk/ieListMe...
We would be grateful if you would use your correct name in any future
enquiries.
Yours sincerely
Lynette Paterson
Principal Information Management Officer
Law and Corporate Services
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email: [2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
This email and any files transmitted with it are confidential and intended
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References
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1. https://democracy.wirral.gov.uk/ieListMe...
2. mailto:[wirral%20borough%20council%20request%20email]
3. http://www.wirral.gov.uk/
Dear InfoMgr, FinDMT,
In my original request I asked for “all impact studies concerning Birkenhead Market created or published during 2023”
The link provided in your response does not provide any impact studies either created or published.
Please send the information I requested or alternatively state “no such documents exist”.
Yours sincerely,
Erebus Smith
Dear Mr Featherstone
CLARIFICATION / IR /FOI 1676677
Wirral Council can confirm that there is no further documents to provide
all the information on this matter can be found online at
[1]https://democracy.wirral.gov.uk/ieListMe...
Wirral Council now consider this request closed.
Yours sincerely
Tracy O'Hare
Information Management Technical Officer
Law and Corporate Services
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email:[2][Wirral Borough Council request email]
Visit our website: [3]www.wirral.gov.uk
This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
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Dear InfoMgr, FinDMT,
I did not request “further documents” on this matter.
I requested “all impact studies concerning Birkenhead Market created or published during 2023”
The link you have provided does not contain any documents relating to any impact studies conducted relating to Birkenhead Market traders.
Please confirm “No impact study documents have been created or published relating to Birkenhead Market during 2023”
Yours sincerely,
Erebus Smith
Dear Mr Featherstone
We note that you are continuing to use a false name when communicating
with the Council. ICO guidance states that where a requester has used a
pseudonym then their request is considered invalid under the Freedom of
Information Act.
We have nevertheless provided a response to your internal review request
and will not enter into any further communication on this point. You have
the right to raise a complaint with the ICO if you wish to do so.
Yours sincerely
Lynette Paterson
Principal Information Management Officer
Law and Corporate Services
Wirral Council
PO Box 290
Brighton Street
Wallasey
CH27 9FQ
Email: [1][Wirral Borough Council request email]
Visit our website: [2]www.wirral.gov.uk
Dear Wirral Metropolitan Borough Council,
Hi chaps,
Please pass this on to the person who has decided to reject my six month old information request entitled “Impact study on Birkenhead Market community” that requests information related to “all impact studies concerning Birkenhead Market created or published during 2023”
I am requesting an internal review of the Council’s decision to judge my information request invalid and ask that their review takes into account the following facts when conducting the review.
1: The council have stated “We note that you are continuing to use a false name when communicating with the Council. ICO guidance states that where a requester has used a pseudonym then their request is considered invalid under the Freedom of Information Act”.
Interestingly, the IOC guidance notes then go on to state.. “If a public authority chooses not to comply with the request it should, in keeping with its duty under section 16, advise the applicant that the FOIA requires their real name to be provided”.
Oh, look…..I supplied the Council with my real name On 14 February 2024 when I wrote to the Council stating “I have recently spoken with T.O'H (Information Management Technical Officer) from the information team, who advised me to inform you that I am using this pseudonym (Erebus Smith) and my true name is Alan Featherstone, please update your records accordingly.”
2: Both Tracey (Information Management Technical Officer) and Lynette (Principal Information Management Officer) have consistently referred to me in correspondence within this request as “Dear Mr Featherstone” And so it seems obvious that the Council records were updated as I requested and the Council do in fact know exactly who I am.
3:Discounting points 1 & 2… My request for information relates to “ “Impact study on Birkenhead Market community”. and constitutes a request for environmental information, the Government’s website states that it is not necessary to supply a name.
What to include
You should give:
Your name (not needed if you’re asking for environmental information)
A contact postal or email address
For your convenience I have added a link here.
https://www.gov.uk/make-a-freedom-of-inf...
4: Furthermore, the Information Commissioner’s guidance notes go on to reference “GOOD PRACTICE,” stating ..
“Where a public authority knows that a pseudonym has been used, as a matter of good practice it should still consider the request, for example where identity is not relevant and it is content to disclose the information requested, even though technically the request is invalid”.
NOTE. For the avoidance of doubt, I strongly believe that my information request is valid, the Council have been informed of my real name and this is an environmental issue request.
5: What originally seemed like simple request for information relating to “all impact studies concerning Birkenhead Market created or published during 2023” was made last year, it’s dragged on for six months when it should have been responded to in a maximum of 20 working days.
Either Officers conducted an impact study relating to the Birkenhead Market community and the effect the proposed Argos market would have on their trading environment. Or they did not do this work. Either the Council is hold this information or it does not exist. It is a simple request that can be addressed by sending the document or stating the Council does not hold this document.
6: Finally, I have met and spoken with some incredibly conscientious and honest officers. I would like to respectfully remind everyone that the website hosting this request https://www.whatdotheyknow.com is a public forum, and the public is watching events with interest. Many are wondering, why some Officers have consistently avoided addressing this freedom of information request, delayed it for so long and are now attempting to declare it invalid.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/i...
Kindest regards
Erebus Smith
A.K.A. Alan Featherstone
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