Legal action relating to 11+ exams

The request was successful.

Dear Warwickshire County Council,

I have been following the events of legal action by the local authority in relation to 11+ exams.

I understand that legal action was taken against an owner of a Warwickshire 11 plus website preventing publication and even collation of perceived content of an 11+ exam.

Please answer the following:

1) What was the primary purpose of seeking the first injunction (e.g. to protect 11+ test integrity)?

2) What was the primary purpose of seeking the second injunction (e.g. to protect 11+ test integrity)?

3) Was breach of confidence used as means to obbtain an injunction to protect test integrity?

4) How many other organsiations or people is the local authority aware of that has been collating and publishing content of 11+ tests whilst the tests can still be used?

5) Have injunctions been sought against any other organisations or people relating to collation or publication of perceived 11+ content?

6) Who, in the local authority made the decision to seek an injunction in the first and second claim?

7) Who authorised spending of Local Authority funds on litigation when the local authority has no lawful duty for 11+ tests and as why were public funds used for such purposes?

8) Did any of the grammar schools in Warwickshire ask for litigation or contribute any legal costs?

Yours faithfully,

James Blackell

Warwickshire County Council

 
Information request
Our reference: 3999060

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Dear Mr Blackell
 
Freedom of Information Act 2000
 
Thank you for your request for information that was received on 13
December 2018.
 
We are dealing with your request under the Freedom of Information Act
2000 and we aim to send a response by 16 January 2019.
 
In some case, a fee may be payable. If we decide a fee is payable, we will
send you a fee notice and we will require you to pay the fee before
proceeding with your request.
 
The Freedom of Information Act 2000 may restrict the release of some or
all of the information you have requested. We will carry out an assessment
and if any exemptions apply to some or all of the information then we
might not provide that information to you. We will inform you if this is
the case and advise you of your rights to request an internal review and
to complain to the Information Commissioner's Office.
 
We will also advise you if we cannot provide you with the information
requested for any other reason together with the reason(s) why and details
of how you may appeal (if appropriate).
 

 Kind regards

Sarah Turpin
Programme Support Manager

Resources
Shire Hall Warwick CV34 4RL

 

 
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Warwickshire County Council

3 Attachments

 
Information request
Our reference: 3999060

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Dear Mr Blackell,
 
Thank you for your request for information received on 13 December 2018.
 
Please find attached our response to your request.
 

Yours sincerely

Jonathan Sheward
Information Rights Officer
Information Management
Warwickshire County Council
Shire Hall
Warwick
CV34 4RL
Tel: 01926 418633
E-mail: [1][email address]
 
 
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Dear Warwickshire County Council,

Thank you for your response.

I already have searched, and read the judgments. These documents are the very reason for my request. It is highly unusual to answer a FOIA request by reference to letters. I have never come across this conduct before.

It would be nice if the Council addressed the questions directly and not expect me to go through pages of judgments that are already in the public domain and I have read. Please answer 1-5 without reference to the documents and answer specifically or which paragraph of judgments you point to. Please review the response. The Council must have known why it took legal action and if it were to protect test integrity, it should state so. It appears this was not the reason.

As for Q6: who in legal services authorised this action? There must have been an individual or committee. Please name them.

Question 8 is misleading. I did not ask the question answered.
My understanding is that the Council were ordered to pay some legal costs when they amended a claim, hence it did not recover all costs. Is this correct? Hence please confirm this sequence of legal action has cost the Council money.

My concern is the Council has been taking legal action when it has no legal responsibility for 11+ testing for schools within its area, by virtue of schools being academies. Hence, it is squandering local taxpayer’s money. I am trying to find out why as it makes little sense. Information not held, can only mean the schools did not pay anything. If they did there would have been recorded information in terms of invoices.
To clarify, has the Council invoiced or received payments from any schools relating to this legal action.

As a tutor, I am aware of other websites publishing content, including on the largest eleven-plus forum, which I can confirm from my own student was content of past tests – at least this is what they report. I am astonished no action has been taken against these sites and only one person has been “targeted”. This makes little sense and I am not able to understand what has happened and why. It appears there is some other motive.

There is further concern of repeated false statements being made by solicitor Kate Hiller and false statements of truth signed by David Carter.

Has the Council received any allegations against David Carter and Katie Hiller relating to them misleading the Court and, to put it crudely, telling lies, and if so who investigated the allegations? Please supply copies of the findings.

Yours sincerely,

James Blackell

Warwickshire County Council

 
Information request
Our reference: 3999060

--------------------------------------------------------------------------

 
Dear Mr Blackell,
 
Thank you for your request for a review received on 18 January 2019. I am
sorry that you are dissatisfied with our attempts to handle your request
under the Freedom of Information Act 2000
 
I can confirm that we are considering your concerns and we will aim to
provide you with a response by 15 February 2019.
 

 Kind regards,

Jason Williams
Legal Assistant

Law and Governance - Legal Services
Shire Hall
Warwick
CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

Warwickshire County Council

1 Attachment

 
Information request
Our reference: 3999060

--------------------------------------------------------------------------

 
Dear Mr Blackell,
 
Thank you for your request for a review received on 18 January 2019. I
hereby attach the internal review response carried out for your perusal. 
 
If you are not satisfied with the outcome of this review you have the
right to appeal to the ICO, at the following address:
 
Compliance Team (Complaints)
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
 
 

 Kind regards

Jason Williams
Legal Assistant

Law and Governance - Legal Services
Shire Hall
Warwick
CV34 4RL

 

 
NOTE: Please do not edit the subject line when replying to this email.

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