Jillings Report and associated info info

The request was successful.

Dear Flintshire Council,

In a reply to a previous FOI request from Jennifer James, your Ref R005788,on 12th February 2013, you state that you are going to publish a copy of the Jillings report on 8th July- please could you send me a copy of the report.
In this response you stated that an interim report was published on 29th April. Please could you send this or state where it is as I have searched the Flintshire Council website for Jillings and nothing comes up.
Please could you publish the legal guidance you received about its publication.
Please could you outline what other Jillings related information the Council holds

Yours faithfully,

Cathy Fox

Flintshire County Council

Dear Ms Fox

Thank you for your request for information about the Jillings report which
is acknowledged.

Your request has been forwarded to the Freedom of Information Act Contact
Officer for the Legal & Democratic Services Directorate to process and
this Officer will be in contact with you.

Yours sincerely
FOI Contact Officer

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

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Flintshire County Council

3 Attachments

Dear Ms Fox,

Please find below responses to the various points in your recent FOI
request, including links to relevant website pages.

1. You state that you are going to publish a copy of the Jillings report
on 8th July - please could you send me a copy of the report.

Information which is readily accessible is exempt  information under
[1]section 21 of the Freedom of Information Act (FOIA), and this applies
because the report is available to download free of charge from the
following websites: www.wrexham.gov.uk  and www.denbighshire.gov.uk.  Here
are direct links to the report (in two parts) on Wrexham County Borough
Council's website: [2]Part 1 and [3]Part 2.  

2. You stated that an interim report was published on 29th April.

This refers to the Operation Pallial report.  Here are links to the
[4]North Wales Police website and directly to the [5]Operation Pallial
Interim report 29 April 2013.

3. Please could you publish the legal guidance you received about its
publication.

The attached note explains the redactions made to the report in accordance
with the independent legal advice received from Hempsons Solicitors and
discussions with the officers involved in Operation Pallial about
potential harm that details within the report might cause to the
investigation.   Specific legal advice provided in relation to this matter
is exempt under section [6]42 of the FOIA, Legal professional privilege.

Please also find attached:

A copy of the press release about the report

A statement about current safeguarding practice

.

4. Please could you outline what other Jillings related information the
Council holds

The Council holds extensive archived material in relation to the
investigations. The archive contains paper and microfiche records. The
data falls into various categories including, for example, evidence
submitted to the investigation, internal correspondence and personal files
of witnesses. Currently the information held is subject to an ongoing
investigation.

5. Re the recently released redacted Jillings report - please could you
state the sections of the FOI act that apply for each redaction.

Exemptions only apply to requests to which the FOIA applies.  The 6
Councils voluntarily published the redacted version of the report.  To
that extent they did not need to rely specifically on any exemptions.
 However, knowing that a request could be made at any time, the Councils
only redacted information that would fall within one of the following
exemptions:

Personal information or information which may reveal the identity of a
living individual has been redacted under [7]section 40, Personal
information, sub-sections (2) and (3).

Where the Council does not hold any information enabling confirmation of
whether the subject is a living individual or not, it has been taken that
an individual born within the last 100 years may be a living individual
and the information has been treated as personal information.

[8]Section 44, Prohibitions on disclosure, also applies in the context of
[9]Article 8, Right to respect for private and family life, of the Human
Rights Act.  

Redactions were also made under [10]section 31, Law enforcement, at the
request of Operation Pallial.

If you are unhappy with any aspects of this response, please refer to the
Flintshire County Council, Freedom of Information Complaints Procedure
below.

Yours sincerely,
FOI Contact Officer

The contents of this communication and any enclosed documents may be
subject to copyright protection.  It has been sent to you for your
information and you may use it for any non-commercial research you may be
doing or undertaking.  Its contents can also be used for the purposes of
news reporting.  Any other re-use, for example, commercial publication or
publication on a website, requires the permission of this Council.  If you
wish to re-use this information please contact us, letting us know how you
wish to re-use it and what the intended audience will be so that we can
consider your request.  This information should be sent to:  The Records
Manager, Flintshire County Council, County Hall, Mold, Flintshire  CH7
6NB, or [email address]

Freedom of Information Act: Complaints Procedure

This procedure is exclusively for dealing with complaints in relation to
the operation of the Freedom of Information Act  (FOIA) within the
Council.

Where you are dissatisfied with the way that any request for information
has been dealt with and you have been unable to obtain satisfaction
through discussion with the Officer dealing with the matter then you are
encouraged to use this procedure.

1. Your complaint should be made in writing addressed to the Information
Act Complaints Officer, Legal and Democratic Services Department, County
Hall, Mold or by e-mail to [11][Flintshire Council request email] giving full details
of the complaint. The complaint should be made within 2 months of receipt
of the original response.

2. A written acknowledgement will be sent and the complaint referred to a
Directorate Information Act Complaints Officer to investigate and review
the original response to your request and respond in writing within 14
working days. This person should not have been involved in the processing
of your original application which is the subject of your complaint and
will be a Senior Officer.

3.  Where your complaint is a complex one (for example involving the
applicability of a qualified exemption) it may not be possible to deal
with it within the above timescales. In such a situation a progress report
will be sent within the above timescales.

4.  If you remain dissatisfied after the above procedure you may wish to
make an application to the Information Commissioner under Section 50 of
the Freedom of Information Act that the Council has not dealt with your
request for information properly. The Information Commissioner’s office is
at: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

**********************************************************************

Opinions advice, conclusions and other information in this

message that do not relate to the official business of

Flintshire County Council shall be understood as neither

given nor endorsed by it or on its behalf, and consequently

Flintshire County Council shall bear no responsibility

whatsoever in respect thereof.

Deellir na fydd unrhyw safbwyntiau, na chynghorion, na

chasgliadau nac unrhyw wybodaeth arall yn y neges hon,

nad ydynt yn berthnasol i waith swyddogol

Cyngor Sir y Fflint, yn cael eu cynnig na'u cadarnhau ganddo

nac ar ei ran, ac felly ni fydd Cyngor Sir y Fflint yn derbyn

unrhyw gyfrifoldeb am y rhannau hynny o'r neges.

**********************************************************************

References

Visible links
1. http://www.legislation.gov.uk/ukpga/2000...
2. http://7acdffdc682396080ae6-df8bc385e018...
3. http://7acdffdc682396080ae6-df8bc385e018...
4. http://www.north-wales.police.uk/news__a...
5. http://www.north-wales.police.uk/pdf/PEn...
6. http://www.legislation.gov.uk/ukpga/2000...
7. http://www.legislation.gov.uk/ukpga/2000...
8. http://www.legislation.gov.uk/ukpga/2000...
9. http://www.legislation.gov.uk/ukpga/1998...
10. http://www.legislation.gov.uk/ukpga/2000...
11. mailto:[Flintshire Council request email]