Issue of warning notice to Richmond School

SarahHartley made this Freedom of Information request to North Yorkshire County Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear North Yorkshire County Council,

Please treat the following questions as a Freedom of Information
request.

I would like any response to be made electronically wherever
possible in spreadsheet form.

Please could you provide:

- a copy of the warning notice issued to Richmond School under the Education and Inspections Act 2006.
- details of any information provided to the authority which led to the warning notice being issued.
- details and minutes of any meetings held in relation to the issuing of the notice including the dates, locations and who was present.
- copies of any correspondence between the authority (NYCC) and the head teacher relating to the issuing of the notice.

If you are only able to release some of the information I would ask
that you release this data rather than withhold the entire set.

If you would like more clarification on this issue do not hesitate
to contact me using this site - as I would expect to be contacted
should you need any clarification.

Please can you confirm that you have received this request and I'd
like to remind you that under the freedom of information act 2000
you are bound to respond in 20 days.

Yours faithfully,
Sarah Hartley

Data Management Officer, North Yorkshire County Council

Dear Sir/Madam

Thank you for your email which has been received by the Information Governance Office at North Yorkshire County Council.

If you are submitting a request for information to the Council your request will be passed to the appropriate officer to respond. A response will be sent to you as soon as possible, and within 20 working days as required by the Act.

For any other enquiry the Council will contact you again shortly

Yours faithfully

Louise

Senior Information Governance Officer
Tel: 01609 79 ext 8233

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cypsfoi, North Yorkshire County Council

2 Attachments

  • Attachment

    cypE0414 Richmond School warning notice.pdf

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  • Attachment

    North Yorkshire County Council Procedure and Appeals under the Freedom of Information Act revised.doc

    4.6M Download View as HTML

Dear Ms Hartley

 

CYPS FOI reference N7951

 

Thank you for your FOI request of 21 February in which you request the
following information:

 

1. a copy of the warning notice issued to Richmond School under the
Education and Inspections Act 2006.

2. details of any information provided to the authority which led to the
warning notice being issued.

3. details and minutes of any meetings held in relation to the issuing of
the notice including the dates, locations and who was present.

4. copies of any correspondence between the authority (NYCC) and the head
teacher relating to the issuing of the notice.

 

It is considered that the information requested is exempt from disclosure
in accordance with Section 36 (2)(c) of the Freedom of Information Act
2000.It is considered that disclosure of information contained within the
documents would prejudice the effective conduct of public affairs because
disclosure could prejudice the current process that the Local Authority
are working through with Ofsted and the Department for Education (DfE), to
implement an Interim Executive Board to replace the Governing Body, in
order to stabilise the governance arrangements of the school, following
the resignation of the Governing Body in its entirety.

 

It is considered that the impact of disclosure of the content of the
warning notice and evidence base leading to the issuing of that notice,
would be to prejudice the ongoing statutory process that service of the
notice has begun. Once the notice has been served on the governing body,
the Department for Education have 15 days in which to intervene and to
implement a new governing body to stabilise the governance of the school
to safeguard the education of its pupils.

 

Although the Department for Education have now approved an application to
establish an Interim Executive Board to provide governance for the school,
this is only part of the process to move towards stable permanent
governance arrangements.

 

It is acknowledged that transparency in the conduct of public affairs is
very important.  However, whilst it is acknowledged that it is in the
public interest that Local Authority processes are followed and
implemented transparently, it is the view of the Authority that it is not
in the public interest to disclose the detail of the warning notice,
because of the prejudicial effect it could have on the objective of
stabilising the governance arrangement of the school in the interests of
parents, staff and students of the school. It is considered that if any
detailed information was placed into the public domain, the ongoing
statutory process of stabilising the governance of the school could be
prejudiced. All attempts have, however, been made, to communicate the
progress of this process with staff, pupils and parents at the earliest
opportunity. This position will, of course, need to be reconsidered at the
conclusion of this statutory process. This consideration outweighs the
public interest in disclosure.

 

However, as outlined above, should the status of the information change in
time, and should further requests be made, the position should be
reassessed at that stage.

 

The documents also contain personal information, which it is considered
would be exempt information, under Section 40 (2), Freedom of Information
Act 2000, as disclosure would contravene the principles of the Data
Protection Act 1998.

 

In relation to item 3 (details and minutes of any meetings held in
relation to the issuing of the notice including the dates, locations and
who was present), the Authority does not hold the minutes you have
requested, however I attach the relevant Officer decision notice relating
to the decision to serve the warning notice.

 

Yours sincerely

 

Marion Sadler

Business Support Manager (Leadership Support – Children and Young People’s
Service)

North Yorkshire County Council | County Hall |Northallerton | North
Yorkshire | DL7 8AE

T: 01609 532234 | E: [1][email address]

 

 

Access your county council services online 24 hours a day, 7 days a week
at [2]www.northyorks.gov.uk.

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North Yorkshire County Council.

References

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1. mailto:[email address]
2. http://www.northyorks.gov.uk/
3. mailto:[North Yorkshire County Council request email]

Dear North Yorkshire County Council,

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

I am writing to request an internal review of North Yorkshire County Council's handling of my FOI request 'Issue of warning notice to Richmond School'.

It would seem a blanket refusal has been applied across this request rather than looking at what information could be made available and working to release that.

Because the warning notice seems to have been the catalyst for the resignations it would seem that parents and the wider public have every right to know exactly why the governing body felt so strongly.

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

I do hope you will look again at this matter.

Yours faithfully,

Sarah Hartley

Data Management Officer, North Yorkshire County Council

Dear Ms Hartley

Thank you for your request for an internal review, of which we acknowledge receipt. We will contact you again in due course.

Yours sincerely

Miriam Townsend, for
Data Management Officer
North Yorkshire County Council
01609 533219

Access your county council services online 24 hours a day, 7 days a week at www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely for the use of the intended recipient. If you receive this in error, please do not disclose any information to anyone, notify the sender at the above address and then destroy all copies.

North Yorkshire County Council’s computer systems and communications may be monitored to ensure effective operation of the system and for other lawful purposes. All GCSX traffic may be subject to recording and/or monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any attachments are free from any virus we would advise you to take any necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away from the office and you wish to request information under either the Freedom of Information Act, the Data Protection Act or the Environmental Information Regulations please forward your request by e-mail to the Data Management Team ([North Yorkshire County Council request email]) who will process your request.

North Yorkshire County Council.

Feargal Hogan left an annotation ()

I also think you should request the identity of the "qualified person" who made the decision. there is lots of case law in the guidance (http://ico.org.uk/for_organisations/guid...) to suggest that this person is key in identifying if the application of 36.2.c is valid

Data Management Officer, North Yorkshire County Council

Dear Ms Hartley

 

Thank you for your request for an internal review of the Council's
decision in relation to the above request. Having reviewed the case I am
satisfied that the Council applied the exemption properly.

 

Section 36 of the Freedom of Information Act 2000 ("FoI") requires the
Council's 'qualified person' to form an opinion, which must be reasonable.
In this case the Council's 'qualified person' is its Monitoring Officer,
and it was she who made the decision to withhold the information. She was
made aware of the facts and circumstances relevant to the information
requested, and recorded her reasoning in coming to her decision. Therefore
the decision was properly made in accordance with the Act.

 

The Council's Monitoring Officer also considered the public interest in
disclosure of the information and I agree with her conclusion that it is
not in the public interest to disclose this information. The most
significant factor in the public interest at this time is the need for the
re-establishment of strong and stable governance at the school, in the
interests of pupils and parents. The Interim Executive Board is an interim
board that has been established to begin this process. This statutory
process is necessary so that a future Governing Body can be established
upon strong foundations of governance to move the school forward. If the
requested information is disclosed at this time, it could potentially be
used to cause unnecessary interference and distraction to the role of the
Interim Executive Board (IEB). If the IEB fails as a result of such
challenge it is the education of the pupils which will suffer. This
overarching duty outweighs the public interest in disclosure of the
information.

 

I would also observe that a significant proportion of the information you
requested is the personal information of the individuals concerned, which
it would be unfair to disclose to the public. Therefore I am satisfied
that section 40 (2) of FoI also applies to that sub-set of the
information, as disclosure would breach the first principle of the Data
Protection Act 1998.

 

I hope this is satisfactory but if you wish you have the right to seek an
independent review from the Information Commissioner. Requests for a
review by the Information Commissioner should be made in writing to:

The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

[1][email address]

Tel: 01625 545 700

 

Yours sincerely

 

Louise Jackson

Senior Information Governance Officer

Tel: 01609 798233

 

 

[2]”Yorkshire"

Plan ahead for the Tour de France in North Yorkshire on July 5th and 6th. 
Keep up to date with the latest developments at
[3]www.northyorks.gov.uk/tour.

Access your county council services online 24 hours a day, 7 days a week
at [4]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the Data
Management Team ([5][North Yorkshire County Council request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. mailto:[email address]
2. ”Tour_de_France"
http://www.letouryorkshire.com/
3. http://www.northyorks.gov.uk/tour
4. http://www.northyorks.gov.uk/
5. mailto:[North Yorkshire County Council request email]

Data Management Officer, North Yorkshire County Council

Dear Ms Hartley

 

I write further to your request for information regarding Richmond School.
You may be interested to know that part of the information you requested,
namely a redacted copy of the warning notice, has now been published on
the school's website [1]http://www.richmondschool.net/

 

I hope this information is helpful.

 

Yours sincerely

 

Louise Jackson,

Senior Information Governance Officer

Tel: 01609 798233

 

[2]”Yorkshire"

Plan ahead for the Tour de France in North Yorkshire on July 5th and 6th. 
Keep up to date with the latest developments at
[3]www.northyorks.gov.uk/tour.

Access your county council services online 24 hours a day, 7 days a week
at [4]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the Data
Management Team ([5][North Yorkshire County Council request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. http://www.richmondschool.net/
2. ”Tour_de_France"
http://www.letouryorkshire.com/
3. http://www.northyorks.gov.uk/tour
4. http://www.northyorks.gov.uk/
5. mailto:[North Yorkshire County Council request email]

Marion Sadler, North Yorkshire County Council

Dear Ms Hartley

 

Further to our earlier response to your FOI request, in which we indicated
we would notify applicants if any information relating to Richmond School
were published, I am writing to inform you that a redacted version of the
warning notice served on the governing body of Richmond School is now
available on the school’s website at
[1]http://www.richmondschool.net/blog/post....
.

 

Yours sincerely

 

Marion Sadler

Business Support Manager (Leadership Support – Children and Young People’s
Service)

North Yorkshire County Council | County Hall |Northallerton | North
Yorkshire | DL7 8AE

T: 01609 532234 | E: [2][email address]

 

 

 

 

[3]”Yorkshire"

Plan ahead for the Tour de France in North Yorkshire on July 5th and 6th. 
Keep up to date with the latest developments at
[4]www.northyorks.gov.uk/tour.

Access your county council services online 24 hours a day, 7 days a week
at [5]www.northyorks.gov.uk.

WARNING

Any opinions or statements expressed in this e-mail are those of the
individual and not necessarily those of North Yorkshire County Council.

This e-mail and any files transmitted with it are confidential and solely
for the use of the intended recipient. If you receive this in error,
please do not disclose any information to anyone, notify the sender at the
above address and then destroy all copies.

North Yorkshire County Council's computer systems and communications may
be monitored to ensure effective operation of the system and for other
lawful purposes. All GCSX traffic may be subject to recording and/or
monitoring in accordance with relevant legislation.

Although we have endeavoured to ensure that this e-mail and any
attachments are free from any virus we would advise you to take any
necessary steps to ensure that they are actually virus free.

If you receive an automatic response stating that the recipient is away
from the office and you wish to request information under either the
Freedom of Information Act, the Data Protection Act or the Environmental
Information Regulations please forward your request by e-mail to the Data
Management Team ([6][North Yorkshire County Council request email]) who will
process your request.

North Yorkshire County Council.

References

Visible links
1. http://www.richmondschool.net/blog/post....
2. mailto:[email address]
3. ”Tour_de_France"
http://www.letouryorkshire.com/
4. http://www.northyorks.gov.uk/tour
5. http://www.northyorks.gov.uk/
6. mailto:[North Yorkshire County Council request email]