Dear Mr Skelton,

I refer to your email of 16 February, when you made the following request
for information:-

Dear Wirral Metropolitan Borough Council, I require a copy of the latest
job description for Wirral Community Patrol Officers. I realise that this
request has been made previously, however I am advised that since the last
request it has been amended.

Could you also advise the date it was amended.

Could you advise on the authority's procedure for revising/amending job
descriptions. I.e.

Who decides a job description will be altered.

Who is involved in altering the job description.

Are the post holders themselves involved at any stage and if not. When
will they be shown their revised job description and will they be able to
disagree/ refuse acceptance of the new job description

Will the post holder be expected to sign anything to confirm acceptance of
the new job description.

Also, the remaining Community Patrol Senior Officers job description has
also been revised i believe. Could you supply the new job description and
the date it came into force please.

I apologise for the delay in responding to your request. I consider that
the exemption contained in Section 36(2)(b) (i) and (ii) of the Freedom of
Information Act 2000, (“FOIA”), applies to your request for information
concerning job descriptions for Wirral Community Patrol Officers including
Senior Officers and the process for revising/amending such job
descriptions. Section 36 (2)(b)(i) and (ii) provides that information to
which this section applies is exempt information, if in the reasonable
opinion of the qualified person, disclosure of the information would, or
would be likely to inhibit the free and frank provision of advice, or the
free and frank exchange of views for the purposes of deliberation.

I have had regard, as the qualified person, to whether disclosure of the
requested information would prejudice the free and frank provision of
advice or the free and frank exchange of views in connection with
supplying information concerning job descriptions. I have also had regard
to the guidance issued by the Information Commissioner, “Prejudice to the
effective conduct of public affairs”. Paragraph 45 of the guidance states
“Note that these exemptions are about the processes that may be inhibited,
rather than what is in the information. The issue is whether disclosure
would inhibit processes of providing advice or exchanging views. I have
had regard to the issue of where there are ongoing discussions about the
job descriptions of a group of staff, disclosure of information to a
member of the public will have a chilling effect. Paragraph 47 of the ICO
guidance provides: that: ”Arguments under s36(2)(b) (i) and (ii) are
usually based on the concept of a ‘chilling effect’. The chilling effect
argument is that disclosure of discussions would inhibit free and frank
discussions in the future, and that the loss of frankness and candour
would damage the quality of advice and deliberation and lead to poorer
decision making.”

It is my reasonable opinion as the qualified person, that disclosure of
the requested information would prejudice the free and frank exchange of
views for the purposes of deliberation. I consider that disclosure would
damage the quality of advice and deliberation and lead to poorer decision
making in respect of

Public Interest

Section 36 is a qualified exemption and therefore subject to a public
interest test.

Factors in favour of disclosure

o transparency concerning the activities of public authorities.

Factors in favour of maintaining the exemption

o the prejudice that would be caused to the Council if it was unable to
have a free and frank exchange of views for the purposes of

deliberation in connection with a live issue.

o disclosure would lead to poorer decision–making.

I consider that the public interest in maintaining the exemption outweighs
the public interest in disclosure.I am therefore refusing your request for
information on the basis that the exemption contained in Section 36(2)(b)
of FOIA applies to your request for information.

You have the right to ask for an internal review of the refusal of your
request for information, which should be addressed to
[1][Wirral Borough Council request email] in the first instance. You also have
the right to complain to the Information Commissioner . The address of the
Information Commissioner’s Office is:-

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF

Tel -0303 123 113

[2]https://ico.org.uk/global/contact-us/

Yours sincerely and sent on behalf of

Vicki Shaw

Acting Senior Manager Legal and Committee Services

and Deputy Monitoring Officer

Law and Governance

Business Services

Wallasey Town Hall

Brighton Street

Wallasey

Wirral

Merseyside

CH44 8ED

Email : [3][email address]

W: [4]www.wirral.gov.uk & [5]www.wirralview.com

Tel: 0151 691 8481

Fax: 0151 691 8233

DX 708630 Seacombe

[6]LGC Awards15_Winner_MIP

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