K&A Mooring and Mooring Strategy

P Smith made this Freedom of Information request to British Waterways Board

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 British Waterways Board,

Please treat this request for information as a request under the Freedom of Information Act 2000.

Please can you provide me with the minutes of all internal meetings, all reports and all email correspondence within British Waterways, between 1 January 2009 and today's date, regarding mooring on the Kennet and Avon canal; the Kennet and Avon Canal Local Mooring Strategy and the Kennet and Avon Canal Mooring Strategy Steering Group.

Thank you.

I look forward to your reply.

Yours faithfully,

P Smith

Information Request,

Dear Ms Smith,

Thank you for your e-mail of 3rd November and request made under the provisions of the Freedom of Information Act.

After considering your request I can confirm that totality of all the information that comes within the area of your request is so very great that the cost of locating, retrieving and extracting all such information will far exceed the appropriate limit provided for under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Where the cost of compliance exceeds the appropriate limit (£450) BW is relieved of its obligation to comply with the request (s.12(1) Freedom of Information Act 2000). To avoid that, greater specificity is required in the request.

For example, the first part of your request asks for "minutes of all internal meetings, all reports and all email correspondence within British Waterways, between 1 January 2009 and today's date, regarding mooring on the Kennet and Avon canal". Due to the breadth of this request the information would be held by numerous departments within BW (planning, estates, local waterway, maintenance, enforcement, moorings, trade teams, heritage, third party works planners etc.)

In order for us to be able to respond to your request we need you to be more specific about the documentation that you would like to receive copies of and/or limit the scope of your request.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear Information Request,

In response to your request for clarification and in order to narrow the scope of my request as you have asked, please provide me with the following information.

Copies of all internal reports written by the BW Boating Team regarding the mooring of boats on the Kennet and Avon Canal between Bath and Devizes, from 1 January 2009 to today's date.

Copies of all internal reports written by the BW Boating Team regarding the Local Mooring Strategy on the Kennet and Avon Canal, from 1 January 2009 to today's date.

Copies of all internal emails sent by the Boating Team regarding the mooring of boats on the Kennet and Avon Canal between Bath and Devizes, from 1 January 2009 to today's date.

Copies of all internal emails sent by the Boating Team regarding the Local Mooring Strategy on the Kennet and Avon Canal, from 1 January 2009 to today's date.

Thank you.

I look forward to your reply.

Yours sincerely,

P Smith

P Smith left an annotation ()

British Waterways has rejected a number of Freedom of Information requests which I made since August 2011 on the grounds that the cost of providing the information exceeds the limit. In no case have they provided any explanation of the probable costs to justify this course of action. It would be helpful to find out from other requesters whether other requests have been rejected on these grounds by British Waterways.

Information Request,

Dear Ms Smith

Thank you for your e-mail and request for information.

We will review the information that we hold relating to your request and a response will be sent as soon as possible and at the latest within 20 working days of the receipt of your request received today, 21st November 2011.

Kind regards,
Kelly

Kelly Radley
Internal Communications & Customer Services Manager
Direct line: 01923 201151
[mobile number]

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P Smith left an annotation ()

I have clarified my request as asked to by BW. However, BW has treated my clarification as a fresh request with a fresh 20-working-day limit for response.

Information Request,

Dear Ms Smith,

Further to our acknowledgement of your clarification on 21st November I have today spoken with several of my colleagues in our Boating Team regarding your request for:

3) Copies of all internal emails sent by the Boating Team regarding the mooring of boats on the Kennet and Avon Canal between Bath and Devizes, from 1 January 2009 to today's date.

4) Copies of all internal emails sent by the Boating Team regarding the Local Mooring Strategy on the Kennet and Avon Canal, from 1 January 2009 to today's date.

To date they have already spent in excess of 18 hours sourcing and retrieving the information requested above. We estimate that we have not even 10% of the total information that would fall within the entire scope of your request. As it stands we will still be unable to comply with your request because the totality of all the information that comes within the area of your request is still so very great that the cost of locating, retrieving and extracting all such information will far exceed the appropriate limit provided for under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Where the cost of compliance exceeds the appropriate limit (£450) BW is relieved of its obligation to comply with the request (s.12(1) Freedom of Information Act 2000).

That said we would like to be able to assist and, although we are aware that you are not obliged to provide us with this information, it would really help us to be able to understand what it is that you hope to be provided with. To understand the reason for this request better would focus these limited resources under the act into the appropriate areas of the business.

I look forward to hearing from you.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

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Dear Ms Young,

Thank you for your letter of 16 December. I am sorry it has taken so long to get back to you regarding further clarification of my Freedom of Information request for copies of internal emails and reports regarding the Kennet and Avon Canal Local Mooring Strategy.

To further clarify my request, in the first instance please could you provide me with copies of the emails and reports sent by Sally Ash, Head of Boating, and Damian Kemp, formerly Project Officer with the Boating Team during the relevant dates.

Thank you.

I look forward to your reply.

Yours sincerely,

P Smith

Information Request,

Dear Ms Smith,

Thank you for your e-mail and for proving this further clarification.

I will now review the information that we hold relating to your request and a response will be sent as soon as possible and at the latest within 20 working days of the receipt of your request received today.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

show quoted sections

P Smith left an annotation ()

I have now been asked to clarify my request a second time, which I have done.

Information Request,

1 Attachment

Dear Ms Smith,

I am writing further to your e-mail of 3rd February in which you have narrowed your original request for information.

I am pleased now to be able to attach copies of the of reports on the subject of mooring strategy and moorings on the K&A between Bath and Bradford upon Avon since January 2009 which we believe have not already been supplied to you, published or issued as part of the steering group business, to which you were party.

Unfortunately the volume of information contained within the subject area of the e-mail correspondence which you have requested is still too wide. The cost of locating, retrieving and extracting all such information will still exceed the appropriate limit provided for under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Where the cost of compliance exceeds the appropriate limit (£450) BW is relieved of its obligation to comply with the request (s.12(1) Freedom of Information Act 2000). To avoid that, and in order to help us satisfy your request, greater specificity is still required.

If we haven’t reasonably met your expectations in relation to a request for information or you believe we may not have acted in accordance with the above legislation you should write in the first instance to Kelly Radley Head of Customer Relations, 64 Clarendon Road, Watford, Herts WD17 1DA outlining your concerns and asking for a review to be undertaken. Your correspondence will be acknowledged and a review of your case will be undertaken by one of British Waterways’ directors.

Should you remain unsatisfied by the response you receive you are able to contact the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF www.ico.gov.uk/Global/contact_us.aspx.

Yours Sincerely,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
In April 2012 the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

show quoted sections

P Smith left an annotation ()

I have received some of the information I asked for, but have been asked to clarify my request a third time so as to narrow it down further, due to the cost of providing all of the information I requested.

Dear Information Request,

Thank you for providing some of the information I requested.

With regard to to your letter of 24 February requesting further clarification, you have stated that "The cost of locating, retrieving and extracting all such information will still exceed the appropriate limit".

I would be grateful if you could therefore provide a proportion of the information I originally requested, up to the appropriate cost limit that you have identified, in reverse chronological order beginning with the most recent correspondence until the cost limit has been reached.

Thank you. I look forward to your reply.

Yours sincerely,

P Smith

Information Request,

Dear Ms Smith,

Thank you for your e-mail which we received on 1st March.

The cost of locating, retrieving and extracting all the correspondence you have requested will far exceed the appropriate limit provided for under the Freedom of Information and Data Protection (Appropriate Limit and Fees) Regulations 2004. Where the cost of compliance exceeds the appropriate limit (£450) BW is relieved of its obligation to comply with the request (s.12(1) Freedom of Information Act 2000).

You have failed to narrow your request sufficiently, as such BW is relieved of its obligation to comply with your request.

Kind regards,

Sarina Young
Customer Service Co-Ordinator
British Waterways  |  The Kiln  |  Mather Road  |  Newark  |  NG24 1FB  | Tel:  01636 675740 | Mob:  07785 295 274 | Fax:  01636 705584 |
This summer the canals and rivers that British Waterways cares for and maintains in England and Wales will become part of a new charity called the Canal & River Trust.
Want to know more? Go to - www. waterscape.com/findoutmore
Follow the BW Customer Service team on Twitter at http://twitter.com/BWCustServ 

show quoted sections

Dear British Waterways Board,

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

I am writing to request an internal review of British Waterways Board's handling of my FOI request 'K&A Mooring and Mooring Strategy'.

Despite refusing the request I made on 29 February on the grounds that it exceeds the cost limit, on 16 December 2011 you stated that:

“Further to our acknowledgement of your clarification on 21st November I have today spoken with several of my colleagues in our Boating Team regarding your request for:

3) Copies of all internal emails sent by the Boating Team regarding the mooring of boats on the Kennet and Avon Canal between Bath and Devizes, from 1 January 2009 to today's date.

4) Copies of all internal emails sent by the Boating Team regarding the Local Mooring Strategy on the Kennet and Avon Canal, from 1 January 2009 to today's date.

To date they have already spent in excess of 18 hours sourcing and retrieving the information requested above. We estimate that we have not even 10% of the total information that would fall within the entire scope of your request.”

In other words, you have identified and gathered information up to the cost limit. To subsequently refuse to provide me with that information is unreasonable. May I remind you that a public authority is required to exercise its powers reasonably.

Since you have already sourced and retrieved the information you refer to above, I would be grateful if you could release to me the information which you sourced and retrieved up to 16 December 2011.

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

Thank you. I look forward to your reply.

Yours faithfully,

P Smith

June Pell,

1 Attachment

Please find attached a response from Simon Salem, Marketing Director to
Freedom of Information request FOIA265/11 & FOIA024/12.