Dear Wirral Metropolitan Borough Council,

Last year, Wirral Council appealed a decision notice of the regulator ICO to the First-tier Tribunal (Information Rights) which was case number EA/2017/0191.

This request is for

a) a list of any payments (date, amount of payment etc) made to Edward Capewell of 11KBW connected to what became case EA/2017/0191 between 7/8/17 to 23/2/18,

b) if invoice/s have been received from Edward Capewell of 11KBW but not yet paid by Wirral Council I would like any details of these too (for example total amount) over the same timeframe (7/8/17 to 23/2/18),

c) copies of the invoices received by Wirral Council (whether paid or not yet paid between 7/8/17 to 23/2/18,

d) if recorded, the total amount of hours spent by Wirral Council staff on case EA/2017/0191 and approximate cost in hourly rates.

For example Wirral Council solicitor A spent xx hours at a salary rate of £52.09/hour.
Wirral Council solicitor B spent x hours at a salary rate of £76.09/hour.
Employee C spent x hours at a salary rate of £62.08/hour etc.

To be clear I am not asking for the names of individual employees and consider them to be outside the scope of this part of the request.

Due to what is in this information, I consider this to be a request under the Environmental Information Regulations 2004 as it relates to an appeal of an EIR request, therefore is "environmental information" as defined by reg 2(1) of the Environmental Information Regulations 2004.

Moving to regulation 6 (1) of the Environmental Information Regulations 2004, I am requesting that the information be supplied in an electronic format.

I remind Wirral Council of its duty to provide advice and assistance to those making requests.

Yours faithfully,

John Brace

Lyon, Rosemary A., Wirral Metropolitan Borough Council

1 Attachment

Dear Mr Brace,

 

I refer to your email of 23 February in which you made the following
request for information:-

 

Dear Wirral Metropolitan Borough Council,

 

Last year, Wirral Council appealed a decision notice of the regulator ICO
to the First-tier Tribunal (Information Rights) which was case number
EA/2017/0191.

 

This request is for

 

a) a list of any payments (date, amount of payment etc) made to Edward
Capewell of 11KBW connected to what became case EA/2017/0191 between
7/8/17 to 23/2/18,

 

b) if invoice/s have been received from Edward Capewell of 11KBW but not
yet paid by Wirral Council I would like any details of these too (for
example total amount) over the same timeframe (7/8/17 to 23/2/18),

 

c) copies of the invoices received by Wirral Council (whether paid or not
yet paid between 7/8/17 to 23/2/18,

 

d) if recorded, the total amount of hours spent by Wirral Council staff on
case EA/2017/0191 and approximate cost in hourly rates.

 

For example Wirral Council solicitor A spent xx hours at a salary rate of
£52.09/hour.

Wirral Council solicitor B spent x hours at a salary rate of £76.09/hour.

Employee C spent x hours at a salary rate of £62.08/hour etc.

 

To be clear I am not asking for the names of individual employees and
consider them to be outside the scope of this part of the request.

 

Due to what is in this information, I consider this to be a request under
the Environmental Information Regulations 2004 as it relates to an appeal
of an EIR request, therefore is "environmental information" as defined by
reg 2(1) of the Environmental Information Regulations 2004.

 

Moving to regulation 6 (1) of the Environmental Information Regulations
2004, I am requesting that the information be supplied in an electronic
format.

 

I remind Wirral Council of its duty to provide advice and assistance to
those making requests.

 

I have treated this request as made under the Environmental Information
Regulations 2004, and respond as follows:

 

(a)  Fees of Mr Edward Capewell

Date of fee note,  08/09/2017 Amount of payment £1000 plus VAT of £200
Total £1200

 

(b)  Date of fee note , 02/03/2018 Payment due,£800 plus VAT of £160 Total
 £960, submitted to Corporate Payments

Date of fee note,  15/03/2018 Payment due £300 plus VAT of £ 60  Total 
£360.submitted to Corporate Payments.

 

(c)  I enclose a copy of the invoice dated 8 September 2017. As the other
invoices are still pending, I consider that Regulation 12 (4) (d) of the
EIR applies, in that the information requested is material which is still
in the course of completion, although I have provided the relevant
financial information.

 

(d)  Wirral Council solicitor A spent 125.48 hours on the  Case dating
from 6 July 2017. No hourly rate has been determined.

 

You have the right under Regulation 11 (1) of the EIR to make
representations to the Council, if you consider that the Council has
failed to comply with a requirement of the Regulations in relation to your
request. Any representations should be addressed in the first instance to
 [1][Wirral Borough Council request email]

 

You also have the right to complain to the Information Commissioner, but
would be expected to make representations first . The address is the
Information Commissioner’s Office,

Wycliffe House,

Water Lane,

Wilmslow,

Cheshire SK9 5AF

Tel -0303 123 113

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

 

Yours sincerely,

 

Rosemary Lyon,

Solicitor

 

 

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References

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1. mailto:[Wirral Borough Council request email]
2. https://ico.org.uk/global/contact-us/

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