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Information Governance

Corporate Services                      

Civic Offices, Guildhall Square, Portsmouth, PO1 2AL

Telephone:    023 9268 8482

Reference: FOI2021220

Dear Mrs Barton Gibbs

FREEDOM OF INFORMATION ACT 2000

INFORMATION REQUEST ACKNOWLEDGEMENT

Thank you for your request for information received on 15 February 2021.

Your request is being considered in accordance with the Freedom of
Information Act 2000 and, subject to the points made below, you will
receive the information requested as promptly as possible within the
statutory timescale of 20 working days.

If we need to obtain clarification from you to help us understand what
information you require, we will contact you as soon as possible. If this
is the case, the 20 working day time limit will not begin until the
necessary clarification has been received.

The Act defines a number of exemptions that may prevent release of certain
information.  The Council will consider whether any of these exemptions
apply and, where required by the Act, will carry out a Public Interest
Test to decide whether information should be disclosed. If any information
is to be withheld, we will explain which exemption applies. If a Public
Interest Test is required, we will be entitled to extend the 20 working
day time limit by a further reasonable period (of not more than another 20
working days) and will inform you if this is the case.

The Council’s standard approach is to provide the information in the form
in which we hold it.  If you require an alternative format, for example,
an audio file, large print or information in a different language, please
let us know and we will provide it if reasonably practicable to do so.

There may be a fee payable for providing the information, for example, if
the cost of complying exceeds the appropriate limit set out in Section 12
of the Act or for photocopying or postage.   If a fee is to be charged, we
will send you a Fees Notice. Any fee must be paid before the information
will be provided.  The time between the issue of the Fees Notice and
receipt of payment will be excluded from the calculation of the 20 working
day time limit.

Any personal information you provide us with will only be used to enable
us to comply with your request.

If you have any queries or concerns, please contact the Information
Governance Team at Portsmouth City Council, Civic Offices, Guildhall
Square, Portsmouth, Hampshire, PO1 2AL, telephone 023 9268 8482, e-mail
[email address].

Yours sincerely

Helen Magri

Data Protection & Corporate Information Governance Officer.

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Information Governance, Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:    023 92 834385
 
 
Our Ref: FOI2021/0220
 
Dear Belinda Barton Gibbs
                                   
INFORMATION REQUEST – FOI2021/0220 - Information about your dealings with
Stonewall CYPS
 
Thank you for your email.
 
We note we are still to issue the response.  We are taking a permissible
extension to consider the Public Interest Test, as we believe a qualified
extension may apply to some of the requested information.
 
With best wishes
 
Wendy Burton
FOI Officer
 

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Information Governance
Corporate Services
Civic Offices, Guildhall Square, Portsmouth, PO1 2AL
Telephone:      023 9283 4385
 
 
Our Ref: FOI2021/0220
 
Dear Belinda Barton Gibbs
 
FREEDOM OF INFORMATION REQUEST
 
Thank you for your request for information received  15 February 2021
which was considered under the Freedom of Information Act. Please accept
our sincere apologies for the delay in providing you with our response,
due in part to our current workload as a result of the Pandemic and in
part to our need to consider the Public Interest Test.
 
In accordance with the Freedom of Information Act, I confirm Portsmouth
City Council holds in part the information you are seeking. Please see
below each of your questions, together with our response.
 

 1. Any application you made in 2019 or 2020 to be a “Children and Young
Peoples Services Champion” or for Children and Young People's Services
to be included on Stonewall’s “Workplace Equality Index,” including
any attachments or appendices to those applications. Please redact
personal details if necessary.

 2. Any feedback you received in 2019 or 2020or or 2021 from Stonewall in
relation to either application or programme.

 
 
In accordance with the Act, I confirm Portsmouth City Council holds the
information you are seeking.   Please find attached a copy of the
Council's submission.
Please note, the names and contact details of individuals (with the
exception of Senior Portsmouth City Council Officers) have been removed in
accordance with Section 40(2) of the Freedom of Information Act (Personal
Information).  We do not believe it would be the reasonable expectation of
these people for their information to be disclosed into the public domain
and to do so would therefore cause us to breach the First Principle of the
Data Protection Act.
 
In addition, some information has been redacted from the submission and
the feedback received from Stonewall has been withheld in full, in
accordance with Section 43 of the Freedom of Information Act (Commercial
Interests). 
 
We believe disclosure of the redacted elements of the submission which led
to the Council receiving the Stonewall Silver award would enable the entry
to be replicated by other organisations in future and that disclosure of
Stonewall's feedback would enable others to tailor their applications.  We
believe this would fetter the awards process and would be likely to be
prejudicial to the commercial interests of Stonewall in damaging the
relationship with existing members and deterring existing and prospective
members from applying for the awards in future.
 
 
THE PUBLIC INTEREST TEST:
 
The Section 43 exemption is a "qualified exemption", that is, we must
carry out a Public Interest Test to determine whether the public interest
in disclosure outweighs any prejudice to the Council or any third party.
 
Factors in favour of disclosure
 
We are mindful of our responsibility to be transparent in all our dealings
and acknowledge there is public interest in ensuring the Council is
subject to scrutiny.
 
Factors in favour of withholding the information
 
We must take into account the interests of third parties when considering
information for disclosure.  The award received by the Council was not a
"one-off", rather, awards are given by Stonewall each year to individuals
and organisations.  To disclose in full the Council's entry and details of
Stonewall's feedback would, we believe, de-value the award process.
 
Outcome
 
The Council believes it has met its duty to be transparent in providing
the attached information.  The awards process is not organised by the
Council, it does not have any influence over it, nor is there any
financial gain to be had or cost to the Council in having achieved the
award.  We do not believe the process therefore needs to be subject to the
same level of scrutiny as a Council function.
 
Taking into account all factors of this case, it is the opinion of the
Portsmouth City Council that the balance weighs in favour of maintaining
the Section 43 exemption and withholding the information as described
above. In accordance with Section 17 of the Act, this email acts as a
refusal notice in respect of the withheld information.
 

 3. Any other communication you have received from Stonewall in 2019 or
2020 or 2021 unless privileged or otherwise exempt from disclosure
(but if you claim privilege or exemption in relation to any material,
please say in broad terms what the material is and the basis on which
you claim to be entitled to withhold it).

 
Please find attached copies of all emails received. 
 
Please note, the names and contact details of individuals (with the
exception of Senior Portsmouth City Council Officers) have been removed in
accordance with Section 40(2) of the Freedom of Information Act (Personal
Information).  We do not believe it would be the reasonable expectation of
these people that their information would be disclosed into the public
domain and to do so would therefore cause us to breach the First Principle
of the Data Protection Act.
 
It should also be noted that some pages have been redacted in full.  This
is in all cases where the information does not fit the description of your
request, that is, it does not constitute a communication received from
Stonewall.
 

 4. Any training reports you have received from Stonewall in 2019 and 2020
and 2021 and details of  online training completed by your staff, with
staff title by month in 2019, 2020 & 2021. Please redact personal
details if necessary.

 
We do not hold this information.
 

 5. Full details of any equality impact assessment you carried out
connected with any of these applications (including any equality
impact assessment carried out prior to an earlier application of the
same kind, if no further assessment was done).

 
We do not hold this information
 

 6. Details of the total amount of money you paid to Stonewall (i) in
2019; (ii) in 2020, whether or not as payment for goods or services.

 
2020-2021 £950.00
2019-2020 £950.00
 
 
7. Whether you intend to continue your membership of any Stonewall scheme
in the future, and if so which.
 
Yes, we intend to continue with our Children and Young People's Services
subscription.
 
In accordance with the Re-use of Public Sector Information Regulations
2015, this information may not be re-used without permission from
Portsmouth City Council.
 
We trust you will appreciate the need for us to engage the exemptions and
that this now concludes your request. You have the right to request an
internal review of this outcome though or to complain about our treatment
of your request.  If you wish to do so, please set out in writing your
grounds of complaint and send to the Corporate Information Governance
Officer at Portsmouth City Council, Civic Offices, Guildhall Square,
Portsmouth, Hampshire, PO1 2AL, telephone 023 9283 4385, e-mail 
[1][email address].
 
Should you be dissatisfied with the outcome of the complaints decision you
may wish to follow the Portsmouth City Council’s Compliments and
Complaints procedure which can be found on the Portsmouth City Council
website or by contacting the Civic Offices.
 
More information is available from the Information Commissioner's Office
at:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
[2]https://ico.org.uk
 
Yours sincerely
 
 
 
 
 
 
Helen Magri
Corporate Information Governance & 
& Data Protection Officer
 
Portsmouth City Council
Civic Offices
Guildhall Square
Portsmouth
PO1 2BQ
 
T:  023 9283 4385
E:  [3][email address]
E:  [4][Portsmouth City Council request email]
[5]www.portsmouth.gov.uk
 
 

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